Cudahy City Council
June 11, 2024

AGENDA

A SPECIAL MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, June 11, 2024 – 6:30 P.M.

Written materials distributed to the City Council within 24 hours of the City Council meeting shall be available on the City’s website for public inspection at www.cityofcudahy.com.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 24 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) Jose R. Gonzalez, Mayor
Elizabeth Alcantar, Vice Mayor
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 848 1067 4127
https://us06web.zoom.us/j/84810674127

City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
June 11, 2024, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gonzalez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Alcantar
Mayor / Chair Gonzalez

3. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items on the council agenda. As provided under Government Code Section 54954.3(a), public comments for this special meeting shall be limited to matters listed on this special meeting agenda only.) (Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

4. BUSINESS SESSION
A. Consideration to Approve an Agreement with TransTech for Senior Engineer Capital Improvement Project (CIP) Management Services (page 5)
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to approve an agreement for $45,600 with TransTech to provide Senior Engineer Capital Improvement Project (CIP) Management Services for an initial ninety (90) days term with the option to extend for an additional 90 days.

B. Consideration to Approve an Agreement with TransTech for Public Works Oversight Services (page 35)
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to approve an agreement for $45,600 with TransTech to provide Public Works Oversight Services for an initial ninety (90) days term with the option to extend for an additional 90 days.

City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
June 11, 2024, at 6:30 P.M.

C. Approve Resolution 2024-20 of the City Council of the City of Cudahy Approving A Five-Year Municipal Law Enforcement Services Agreement with the County of Los Angeles for Public Services Provided By the Los Angeles County Sheriff’s Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff’s Department Up to an Amount Authorized in the City’s Operating and Capital Budget for the Period of July 1, 2024 through June 30, 2029 (page 61)
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to:

1. Approve Resolution 24-20 approving the 5-Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029, and

2. Authorize the Mayor to execute the 5-Year Agreement on behalf of the City.

D. Adoption of the City’s Legislative Platform (Platform) (page 143) Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to adopt the Legislative Platform (Platform) that will guide the City’s legislative priorities and funding pursuits at the local, regional, state, and federal levels of government.

E. Consideration and Discussion Regarding a Resolution Denouncing Digital Discrimination (page 165)
Presented by the City Clerk
Recommendation: The City Council is recommended to discuss the possible adoption of Resolution No. 24-21, denouncing digital discrimination.

F. Consideration and Discussion Regarding a Resolution Affirming the City of Cudahy’s Support and Solidarity with Pro-Palestinian Student Protestors at Public Colleges and Universities, their Demands for Full Disclosure and Divestment from War and Occupation, and Protection of their First Amendment Rights to Peacefully Assemble (page 171) Presented by the City Clerk
Recommendation: The City Council is recommended to discuss the possible adoption of Resolution No. 24-22, affirming the City of Cudahy’s Support and Solidarity with Pro-Palestinian Student Protestors at Public Colleges and Universities, their Demands for Full Disclosure and Divestment from War

City of Cudahy
City Council and Successor Agency
Special Meeting Agenda
June 11, 2024, at 6:30 P.M.

and Occupation, and Protection of their First Amendment Rights to Peacefully Assemble.

5. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s website, City Hall, Clara Park, and Lugo Park not less than 24 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 10th day of June 2024
Richard Iglesias
City Clerk

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024 Page 1 of 2

STAFF REPORT
Date: June 11, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Consideration to Approve an Agreement with TransTech for Senior Engineer Capital Improvement Project (CIP) Management Services

RECOMMENDATION
The City Council is recommended to approve an agreement for $45,600 with TransTech to provide Senior Engineer Capital Improvement Project (CIP) Management Services for an initial ninety (90) days term with the option to extend for an additional 90 days.

BACKGROUND
The staff is requesting the City Council authorize the City Manager to execute a proposal from TransTech for Public Works Oversight Services for the position of Senior Engineer - Capital Improvement Project (CIP) Management Services.

The position of Assistant City Engineer has been filled in an acting role since April 2024 by a Senior Engineer/Capital Improvement Project (CIP) Manager provided by TransTech Engineers.

ANALYSIS
TransTech has designated a member of their team to carryout out the roles and responsibilities of Assistant City Engineer in an acting capacity by a Senior Engineer/Capital Improvement Project (CIP) Manager. The designated individual reports to the city manager and interimDirector of Public Works and oversee the execution of the city’s Capital Improvement Projects (CIPs)
TransTech will bill the city at the discounted hourly rate of $190/hour. The regular rate is $220/hour. This agreement is proposed to be for a three-month period with the option to extend an additional 3 months if needed.

Item Number
4A

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024 Page 2 of 2

TransTech has proposed senior engineer-level services will not exceed the amount of $45,600 (20 hours a week x 12 weeks x $190 hour) for Public Works Oversight Services.

CONCLUSION
Recommending that the City Council authorizes the City Manager to enter into an agreement with TransTech for Senior Engineer - Capital Improvement Project (CIP) Management Services.

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

3. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

Goal F: Communication and Outreach

6. Explore opportunities for efficiency through insourcing and outsourcing

FINANCIAL IMPACT
The cost of these services will be not to exceed $45,600 for a three-month period. This will be funded through cost savings in vacant General Fund positions and substantial direct cost reimbursement from grants.

ATTACHMENTS
A. Professional Services Agreement with “Exhibit A” TransTech Proposal for Senior Engineer - Capital Improvement Project (CIP) Management Services

PROFESSIONAL SERVICES AGREEMENT
(Engagement: SENIOR ENGINEER CIP PROJECT
MANAGEMENT SERVICES) (Parties: TRANSTECH
ENGINEERS and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 11th day of June 2024 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and Transtech Engineers, Inc. (“CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services: SENIOR ENGINEER CAPITAL IMPROVEMENT PLAN (“CIP”) PROJECT MANAGEMENT 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, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and.

WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Special Meeting of June 11, 2024, under Agenda Item No. ______.

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

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Proposal”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.” Attachment A Page 7 of 176

1.2 TERM: This Agreement shall have a term of ninety (90) days, commencing from July 1, 2024 (“EFFECTIVE DATE”) unless earlier terminated as provided elsewhere in this Agreement. The Term may be extended subject to the same terms and conditions as set forth herein, for a one-time (1) ninety days (90) period at the option of the CITY. The CITY must provide CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.

Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Proposal in accordance with the compensation schedule as outlined under the “Billing Rate” subheading in the Proposal.

B. CONSULTANT shall perform the services as outlined in the Proposal, during the course of the term set forth in Section 1.2, above, at rate of compensation that shall not exceed FORTY-FIVE THOUSAND DOLLARS ($45,000) (hereinafter, the “Not-to-Exceed Sum”). The Parties agree that the Not-to-Exceed Sum includes compensation for all labor, materials, tools, supplies, equipment, services, tasks, costs and incidental and customary work necessary to competently perform the Work as well as compensation for all specifically delineated expenses set forth in the Proposal. In no event shall the total compensation and costs payable to CONSULTANT under this Agreement exceed the Not-to-Exceed Sum, unless the availability of funds for the added expenditure is first reviewed by the Finance Division of the City of Cudahy and unless such added expenditure is specifically approved in advance and in writing by the CITY.

C. Sections 1.3(A) and 1.3(B) notwithstanding, as needed, CONSULTANT shall be requested to submit a proposed budget for each project to be approved by the City Manager for project management and design services.

In the event CONSULTANT’s charges are projected to exceed the Not-toExceed Sum, prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the budget amount or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION:

A. CITY shall compensate CONSULTANT on a monthly basis for all services rendered and tasks performed by CONSULTANT during the preceding month. At the end of each month during the term of this Agreement, CONSULTANT shall submit to CITY a monthly itemized statement(s) that

lists and reasonably describes the specific services rendered and/or tasks performed and the number of personnel hours devoted to such effort; the date(s) upon which such services and/or tasks were performed; and the name of the person(s) performing the service or task along with their applicable hourly billing rate.

B. Within thirty (30) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice.

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

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of five (5) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Manager shall be the chief CITY Representative. The CITY Representative or his designee shall act on behalf of CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or his designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Ali Cayir, Principal-in-Charge/Contract Manager to act as its representative for the performance of this Agreement (hereinafter,

“CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT shall perform all Work skillfully, competently and to the generally accepted standards of CONSULTANT’s profession; B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

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

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

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive

direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

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

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

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

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

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

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

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as

broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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

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

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

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

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

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

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

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

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

IV.

INDEMNIFICATION

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

Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 WORK OF CONTRACTOR’S DESIGN PROFESSIONAL SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of

section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance of the Work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

4.3 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless 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 to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnify, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.4 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.

4.5 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.6 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.

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

4.8 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.

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

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of

five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below.

If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.5 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to

grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

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

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

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

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

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

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

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

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or

the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

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

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

5.5 SUSPENSION OF WORK: The CITY may suspend, in writing, all or a portion of the Work under this Agreement if unforeseen circumstances beyond the CITY’s control make normal progress of the Work impossible.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications,

notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY. Notwithstanding the foregoing, CONSULTANT shall not be restricted from disclosing confidential information that is reasonably necessary for CONSULTANT to disclose to CONSULTANT's employees, subconsultants and the general contractor and subcontractors, if appropriate, or information in whatever form that is in the public domain. Nor shall CONSULTANT be restricted from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for CONSULTANT to defend itself from any legal action or claim – if such an event should occur, CONSULTANT will inform CITY in writing prior to any disclosure.

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

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

CONSULTANT: CITY:

Transtech Engineers, Inc.

Attn: Ali Cayir, Principal
13367 Benson Avenue
Chino, CA 91710
Phone: (909) 595-8599
Fax: (909) 590-8599
City of Cudahy
5220 Santa Ana St.

Cudahy, CA 90201
Attn: Assistant to the City Manager
Phone: (323) 773-5143
Fax: (323) 771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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

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

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

6.8 CONFLICTS OF INTEREST:

A. CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement.

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

CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.

C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT.

CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.

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

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

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

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the

successors and assigns of the Parties.

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

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

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

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

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

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

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.17, above.

6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for

the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

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

6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
[SIGNATURE PAGE TO FOLLOW]
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 TRANSTECH ENGINEERS

By:

Alfonso Noyola, ICMA-CM
Alfonso Noyola
City Manager
Date:

By:

Ali Cayir
Principal
Date:

ATTEST:

By:

Richard Iglesias, CMC
City Clerk
Date:

APPROVED AS TO FORM:

By:

Stephanie Arechiga
City Attorney
Date:

Exhibit “A”

PROPOSAL

13367 Benson Avenue | Chino CA 91710 | T 909 595 8599 | F 909 590 8599 | Transtech.org About Transtech Video Highlight:

CLICK HERE
May 20, 2024
City of Cudahy
Attn: Alfonso Noyola, City Manager
5220 Santa Ana St
Cudahy, CA 90201
E: [email protected]
Subject: Transtech Proposal for Senior Engineer CIP Project Management Services Dear Mr. Noyola,
Transtech is pleased to submit this Letter of Proposal to the City to provide Senior Engineer CIP Project Management Services.

Proposed Staff:

We are proposing Ted Semaan, PE, Sr. Engineer/CIP Project Manager. Mr. Semaan is available up to 25 hours per week with a combination of onsite and offsite hours. Below is his resume:

TED SEMAAN, PE, TE, Sr. Engineer/Project Manager

EDUCATION
• California State University,
Long Beach, Bachelor of
Science – Civil Engineering

REGISTRATION
• California Licensed Civil
Engineer
• California Licensed Traffic
Engineer

HIGHLIGHTS
• Over 30 years of
experience in design,
planning, project
Mr. Semaan has over 30 years of experience, including working in both public and private sector. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.

Mr. Semaan’s public sector experience includes:

City of Redondo Beach, Public Works Director:
• Manage and direct the Public Works Department – Operations and Engineering.

Operations
• Administration
• City Vehicles - Purchasing and maintenance
• Sewer and Storm Drain - Cleaning, maintenance and repair of lines, pump stations and SCADA system
• Roadway (pavement, curb & gutter and sidewalk) maintenance and replacement
• City owned street lights and traffic signals
• City Facilities - Maintenance, repair, remodel and replacement • Parks, Medians and Parkways - Maintenance of landscape, hardscape and park facilities with in-house staff and outside contract for tree trimming. • Manage solid waste contractor and negotiate contract amendment Engineering
• Public Works Permits,
• Land Development, Inspection,
• Traffic Engineering,
• NPDES Permit, and

Transtech Proposal for Senior Engineer CIP Project Management Services 2 Management and
construction of public
works and commercial
development
infrastructure field.
• Experience includes
working for City of
Redondo Beach, Torrance
and Lynwood in various
positions including Public
Works Director,
Engineering Manager;
Senior Engineer.
• Experience in working with
Caltrans.
• Experience in the
management and
administration of federally
and state funded projects
in compliance with
Caltrans Local Assistance
Procedures Manual
(LAPM).
• Experience also includes
working in private sector.
• Capital Improvement Projects (CIP)
• Team member in Set up Strategic Plan with City executive team and City Council. Manage and present PW Strategic Planning elements as well as collaborate with other department heads on multi-departmental Strategic Plan priorities.
• Building a strong department management and mid-management team • Instilling the planning and proactive approach to maintenance and CIP; • Promoting collaboration between department divisions and multi-departmental (Police, Fire, Community Development (Planning, Building & Code Enforcement), City Attorney, Community Services, Waterfront & Economic Development, Human Resources) efforts;
• Mentoring, promoting cross training to expand personal knowledge, provide professional growth and succession planning.
• Develop and Manage the City's multi-year capital improvement projects program and appropriate funding sources.
• Represent the City at regional agency meetings and collaborative efforts.

Agencies such as the South Bay Council of Governments, Caltrans District 7, neighboring cities and Los Angeles County.
• Serve as Metro Technical Advisory Committee (TAC) Alternate for the South Bay Cities Council of Governments
City of Torrance, Engineering Manager & Acting Deputy Public Works Director:
• Manage and supervise engineering staff.
• Team member of the City's Emergency Preparedness Team (EPREP) representing Public Works Operations as well as Community Development Planning & Intelligence section.
• Collaborated with economic development staff and other city departments by representing Engineering to assist and expedite large development projects. • Manage multi-million dollar capital projects such as intersection widening (i.e. $19 million Pacific Coast Highway – SR-1 and Hawthorne Boulevard – SR-107) with right-of-way acquisition on Caltrans highway/roadway; and design and construction of multi-modal $21 million Regional Transit Center and future home of Green Line station.
• Created and solicited requests for proposal (RFP’s) and executed Consultant Services Agreements for various projects’ designs (plans, specifications and cost estimates) as well as the environmental documents and right-of-way acquisition; • Serve as the City’s representative coordinating, reviewing various designs and analysis of plans and studies for regional roadway/circulation improvements, with Metro, Caltrans, South Bay Cities Council of Governments, and neighboring cities of Gardena, Redondo Beach, Lawndale, Los Angeles County Department of Public Works and the City of Los Angeles;
• Reviewed and provided direction on multiple development related Traffic Impact Reports;
• Develop engineering conditions for proposed land development projects; • Completed the design and construction of intersection widening and signal upgrade improvements at Skypark Drive and Hawthorne Boulevard (SR-107) with Caltrans approval
• Manage and coordinate SCE utility undergrounding projects. Completed various undergrounding projects with two newest projects at an estimated cost of $1.7 million and $2.5 million;
• Manage and oversee the in-house design of street rehabilitation project; and consultant design of the Protected Permissive Left-Turn Signals utilizing Flashing Yellow Arrows;
• Serve as the Staff Liaison to the Traffic Commission. Responsible for creation of meeting agendas, staff reports and presentations of items; • Write City Council and/or Traffic Commission agenda items and make presentations at either meeting;
• Oversee and periodically update the status of several Strategic Plan Priorities; • Develop capital improvement projects scope and cost estimates for new projects as well as modified/amended existing projects to incorporate into the

Transtech Proposal for Senior Engineer CIP Project Management Services 3 capital budget;
• Completed Metro Call-for-Projects applications; and
• Serve as Metro Technical Advisory Committee (TAC) Alternate for the South Bay Cities Council of Governments
City of Torrance, Transportation Planning/ Development Engineering/ Redevelopment & Long Range Planning Division Manager:
• Division Manager for Transportation Planning & Traffic Engineering • Completed the Citywide Speed Survey of 147 Arterial and Collector roadway segments;
• Completed a Citywide Traffic Study including analysis of 166 signalized intersections and data collection of 170 roadway segments. The Analysis considered current and projected short term and long term traffic conditions.

Lastly the Analysis identified the needed improvements to reduce intersections’ level-of-service to acceptable levels;
• Review & Approve all City Traffic Impact Studies;
• Conducted multiple Neighborhood Traffic Calming analysis and implemented improvements;
• Reviewed and approved Roadway Striping/Channelization, Widening and Traffic Signal design and construction;
• Managed the Street Lighting Assessment District. Annually reanalyzed the assessment and conducted the public hearing for City Council’s adoption and levying of the assessment;
• Provided insight to residents on the creation of Special Assessment Districts; and • Managed the City’s Congestion Management Plan (CMP) annual reporting and compliance as require by Metro.
• Division Manager for Development Engineering
• Setting Development Conditions, Review & Approval of Improvement Plans (Roadway, Sewer, Storm Drain & Sub-Division)
• Division Manager for General Plan & Redevelopment Division Functions including completion of the General Plan Update, Redevelopment Area development projects;
• Team member of the City's Emergency Preparedness Team (EPREP) representing Public Works Operations as well as Community Development Planning & Intelligence section; and
• Served as a member of the City’s Strategic Plan update team.

City of Torrance, Transportation Planning/Traffic Engineering Division:
• Prepare and present Traffic Commission & City Council Items • Project Manager for capital projects
• Design, Review and Approve Street Lighting, Traffic Signal and Striping & Signing Plans
City of Lynwood, Public Works Department, Engineering Division • Supervise the Public Works Engineering Staff Functions, i.e. Land Development, Permitting & Inspection, Capital Projects and Department Administration; • Designed and managed the construction of street reconstruction, improvement and widening projects;
• Managed sewer relining projects using cured-in place pipe technology; • Designed and managed the construction of landscaped median islands; • Designed and managed the construction of street lighting systems; • Designed and managed the construction of traffic signal systems; • Coordinate Projects with L. A. County, MTA, and Caltrans Staff City of Lynwood, Public Works Department, Engineering/Water Division • Prepare, package, and check project plans and specifications. Administer project, schedule contractors, inspect projects and maintain project files. • Check and process grading plans and sub-division maps

Transtech Proposal for Senior Engineer CIP Project Management Services 4 • Project Engineer on sidewalk reconstruction, street improvement and water well rehabilitation projects.

Mr. Semaan’s private sector experience includes:

Psomas & Associates, Hydrology Group:
• Assist in Hydrology/Hydraulic studies
• Check grading, sewer and water plans
• Various computer applications
• Design Street Improvement Plans
Schmahl Surveying:
• Measure and calculate angles and distances both mechanically and electronically, supervise, perform “bench runs”, check grading calcs, property corners and lot closure calculations for commercial& residential projects.

Billing Rate:

Transtech’s typical billing rate for this position and senior level staff is $220/hour. As our commitment to the City of Cudahy, Transtech will provide these services at a discounted hourly rate of $190/hour.

Brief Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and is providing municipal services to over 70 public agencies.

Extensive Experience in Municipal Engineering and Working with Public Agencies: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.

We are accustomed to working with public agencies and have a good understanding of public agency procedures and policies. We have extensive experience in preparing staff reports and presentations to City Council, Boards and public, and in communicating effectively with diverse audiences and stakeholders at public forums. We have managed large and complex projects, which involved multiple agencies and jurisdictions. Several of our staff members are former City Engineers, Public Works Directors.

Multi-disciplinary Service Capabilities: Our service capabilities include the below. • Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management and Grant Writing • CDBG Project Management
• City Engineer, City Traffic Engineer,
Development Review, Public Works
Engineering, Plan Check, Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and
Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Eng
Experience in Federally Funded Projects: We have extensive experience in the management and administration of grant funded projects. Our staff members have completed Caltrans RE Academy for Federally and State Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM).

Successful Record of Obtaining Grant Funds: Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities.

Transtech Proposal for Senior Engineer CIP Project Management Services 5 Experience with METRO: We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.

Experience with Caltrans: Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Member is former Deputy Director of Caltrans District 7.

Experience with LA County: We work and coordinate with LA County on a number of projects.

Large Pool of Experienced Staff and Resources: Transtech has a large pool of well experienced staff and resources (over 200) readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.

Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited and/or during off business hours and weekends inspection services, Transtech staff will provide additional resources to accommodate such a request.

Transtech has extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. Several of our staff members are former City Engineers, Public Works Directors.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.

Sincerely,
Melissa Demirci, RSP, Principal
E: [email protected]
C: 714-598-8896

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 1 of 2

STAFF REPORT
Date: May 21, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Richard Iglesias, City Clerk
Subject: Consideration to Approve an Agreement with TransTech for Public Works Oversight Services

RECOMMENDATION
The City Council is recommended to approve an agreement for $45,600 with TransTech to provide Public Works Oversight Services for an initial ninety (90) days term with the option to extend for an additional 90 days.

BACKGROUND/ANALYSIS
As part of the April 2, 2024, City Council Agenda, City staff included item 14E recommending that the City Council authorize the City Manager to execute TransTech’s Proposal for Public Works Oversight Services.

On April 2, 2024, the City Council unanimously approved authorizing the City Manager to execute the TransTech Proposal for Public Works Oversight Services. After approval and further review of the staff report and attachments, staff discovered that an Agreement between the City of Cudahy and TransTech was not included in the staff report as part of the April 2, 2024, City Council agenda.

The Agreement between the City of Cudahy and TransTech for Public Works Oversight Services has now been included for review and approval.

CONCLUSION
It is recommended that the City Council approve the agreement with TransTech to provide Public Works Oversight Services.

Item Number
4B

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
05/21/2024 Page 2 of 2

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

3. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

Goal F: Communication and Outreach

6. Explore opportunities for efficiency through insourcing and outsourcing

FINANCIAL IMPACT
The cost of these services will be not to exceed $45,600 for a three-month period. This will be funded through cost savings in vacant General Fund positions and substantial direct cost reimbursement from grants.

ATTACHMENTS
A. Agreement between the City of Cudahy and TransTech, with Exhibit “A” TransTech Proposal for Public Works Oversight Services.

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Public Works Oversight Services)
(Parties: Transtech Engineers and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 11th day of June 2024 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and Transtech Engineers, Inc. (“CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

WHEREAS, CITY wishes to engage CONSULTANT to provide Public Works Oversight 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, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Special Meeting of June 11, 2024, under Agenda Item No. ______.

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

I.

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Proposal”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.” Attachment A Page 37 of 176

1.2 TERM: This Agreement shall have a term of ninety (90) days, commencing from April 2, 2024 (“EFFECTIVE DATE”) unless earlier terminated as provided elsewhere in this Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.The Term may be extended subject to the same terms and conditions as set forth herein, for a one-time (1) ninety days (90) period at the option of the CITY. The CITY must provide CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Proposal in accordance with the compensation schedule as outlined in the “Schedule of Hourly Rates-Effective through June 30, 2024” included in the Proposal.

B. CONSULTANT agrees that CONSULTANT shall perform the Services during the course of the term set forth in Section 1.2), above, at rate of compensation that shall not exceed FORTY-FIVE THOUSAND SIX HUNDRED DOLLARS ($45,600.00) (hereinafter, the “Not-to-Exceed Sum”). The Parties agree that the Not-to-Exceed Sum includes compensation for all labor, materials, tools, supplies, equipment, services, tasks, costs and incidental and customary work necessary to competently perform the Work as well as compensation for all specifically delineated expenses set forth in the Proposal. In no event shall the total compensation and costs payable to CONSULTANT under this Agreement exceed the Notto-Exceed Sum unless the availability of funds for the added expenditure is first reviewed by the Finance Division of the City of Cudahy and unless such added expenditure is specifically approved in advance and in writing by the CITY.

C. Sections 1.3(A) and 1.3(B) notwithstanding, as needed, CONSULTANT shall be requested to submit a proposed budget for each project to be approved by the City Manager for project management and design services.

In the event CONSULTANT’s charges are projected to exceed the Not-toExceed Sum, prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the budget amount or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION:

A. CITY shall compensate CONSULTANT on a monthly basis for all services rendered and tasks performed by CONSULTANT during the preceding month. At the end of each month during the term of this Agreement, CONSULTANT shall submit to CITY a monthly itemized statement(s) that lists and reasonably describes the specific services rendered and/or tasks performed and the number of personnel hours devoted to such effort; the date(s) upon which such services and/or tasks were performed; and the name of the person(s) performing the service or task along with their applicable hourly billing rate.

B. Within thirty (30) business days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice.

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

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of five (5) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Manager shall be the chief CITY Representative. The CITY Representative or his designee shall act on behalf of CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or his designee.

CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Ali Cayir, Principal-in-Charge/Contract Manager to act as its representative for the performance of this Agreement (hereinafter “CONSULTANT Representative”).

CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.2 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT shall perform all Work skillfully, competently and to the generally accepted standards of CONSULTANT’s profession; B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

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

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

2.5 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive

direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

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

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

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

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

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

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

III.

INSURANCE

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

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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

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

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

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

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured

by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

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

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

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

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

IV.

INDEMNIFICATION

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

Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 WORK OF CONTRACTOR’S DESIGN PROFESSIONAL SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance of the Work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

4.3 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless 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 to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnify, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

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.

4.4 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.5 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.

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

4.7 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.

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

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of

five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below.

If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.5 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to

grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

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

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

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

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

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

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

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

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or

the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

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

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

5.5 SUSPENSION OF WORK: The CITY may suspend, in writing, all or a portion of the Work under this Agreement if unforeseen circumstances beyond the CITY’s control make normal progress of the Work impossible.

VI.

MISCELLANEOUS PROVISIONS

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

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the

termination or expiration of this Agreement. CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY. Notwithstanding the foregoing, CONSULTANT shall not be restricted from disclosing confidential information that is reasonably necessary for CONSULTANT to disclose to CONSULTANT's employees, subconsultants and the general contractor and subcontractors, if appropriate, or information in whatever form that is in the public domain. Nor shall CONSULTANT be restricted from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is reasonably necessary for CONSULTANT to defend itself from any legal action or claim – if such an event should occur, CONSULTANT will inform CITY in writing prior to any disclosure.

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

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

CONSULTANT: CITY:

Transtech Engineers, Inc.

Attn: Ali Cayir, Principal
13367 Benson Avenue
Chino, CA 91710
Phone: (909) 595-8599
Fax: (909) 590-8599
City of Cudahy
5220 Santa Ana St.

Cudahy, CA 90201
Attn: Assistant to the City Manager
Phone: (323) 773-5143
Fax: (323) 771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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

6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the

prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

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

6.8 CONFLICTS OF INTEREST:

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

B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.

C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT.

CONSULTANT understands that, in addition to the foregoing, it may be

subject to criminal prosecution for a violation of Government Code §1090.

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

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

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

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

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

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

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

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

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

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

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.17, above.

6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

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

6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.
[SIGNATURE PAGE TO FOLLOW]

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

CITY OF CUDAHY
By:

Alfonso Noyola, ICMA-CM
City Manager
Date:

TRANSTECH ENGINEERS
By:

Ali Cayir
Principal
Date:

ATTEST:

By:

Richard Iglesias, CMC
City Clerk
Date:

APPROVED AS TO FORM:

By:

Stephanie Arechiga
City Attorney
Date:

Exhibit “A”

PROPOSAL

Proposal, AS-NEEDED TEMPORARY DEPUTY PW DIRECTOR SUPPORT SERVICES March 18, 2024
City of Cudahy
Attn: Alfonso Noyola, City Manager
5220 Santa Ana St
Cudahy, CA 90201
E: [email protected]
Subject: Transtech Proposal for Public Works Oversight Services Dear Mr. Noyola,
Transtech is pleased to submit this Letter of Proposal to the City for the temporary Public Works Oversight Services to the City of Cudahy.
• Scope of Work: Transtech commits to supplying a highly qualified team member to deliver Public Works Oversight services. The designated senior staff member assigned to the City of Cudahy will have extensive experience in overseeing Public Works Departments for various public agencies. This assigned individual will be available to report to City Hall in person 1 to 3 times a week, along with remote availability, with scheduling arrangements to be coordinated and determined with the City Manager.
• Billing Rate: Transtech’s typical billing rate for this position and senior level staff is $220/hour. As our commitment to the City of Cudahy, Transtech will provide these services at a discounted hourly rate of $190/hour.
• Proposal Time Period: This proposal is for a 3 month period, averaging 20 hours a week as requested by the City.
• Proposed Fee: This proposal is based on the above timeline of 12 weeks (3 months) at a not to exceed amount of $45,600 (20 hours a week x 12 weeks x $190/hour) for Public Works Oversight Services.

Brief Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and is providing municipal services to over 70 public agencies.

Extensive Experience in Municipal Engineering and Working with Public Agencies: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.

We are accustomed to working with public agencies and have a good understanding of public agency procedures and policies. We have extensive experience in preparing staff reports and presentations to City Council, Boards and public, and in communicating effectively with diverse audiences and stakeholders at public forums. We have managed large and complex projects, which involved multiple agencies and jurisdictions. Several of our staff members are former City Engineers, Public Works Directors.

Multi-disciplinary Service Capabilities: Our service capabilities include the below.

Transtech Proposal for Public Works Oversight Services
Attachments 2
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management and Grant Writing • CDBG Project Management
• City Engineer, City Traffic Engineer,
Development Review, Public Works
Engineering, Plan Check, Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and
Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Eng
Experience in Federally Funded Projects: We have extensive experience in the management and administration of grant funded projects. Our staff members have completed Caltrans RE Academy for Federally and State Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM).

Successful Record of Obtaining Grant Funds: Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities.

Experience with METRO: We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.

Experience with Caltrans: Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Member is former Deputy Director of Caltrans District 7.

Experience with LA County: We work and coordinate with LA County on a number of projects.

Large Pool of Experienced Staff and Resources: Transtech has a large pool of well experienced staff and resources (over 200) readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.

Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited and/or during off business hours and weekends inspection services, Transtech staff will provide additional resources to accommodate such a request.

Transtech has extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. Several of our staff members are former City Engineers, Public Works Directors.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.

Sincerely,
Melissa Demirci, RSP, Principal
E: [email protected]
C: 714-598-8896
Attachment: Transtech’s Hourly Rates for all Staff Classifications

Transtech Proposal for Public Works Oversight Services
Attachments 3
Transtech’s Fee Schedule for all staff classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES - Effective through June 30, 2024 Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project's scope, when such projects are identified by the City.

ENGINEERING CONSTRUCTION BUILDING & SAFETY
Field Technician $90 Labor Compliance
Analyst $152 Permit Technician $90
Engineering Technician $107 Funds Coordinator $158 Plan Check Technician/Analyst $124
Assistant CAD Drafter $130 Utility Coordinator $169 Building Inspector $124 Senior CAD Drafter $152 Office Engineer $152 Senior Inspector $141 Associate Designer $158 Construction Inspector $152 Plans Examiner/Checker $152 Senior Designer $169 Senior Construction
Inspector $164 Plan Check Engineer $169
Design Project Manager $209 Construction Manager $209 Deputy Building Official $169 Assistant Engineer $136 Resident Engineer $209 Building Official $181 Staff/Associate Civil
Engineer $164 PUBLIC WORKS INSPECTION PLANNING
Senior Civil Engineer $220 Public Works Inspector $152 Community Development Technician $90
Traffic Analyst Technician $124 Senior Public Works
Inspector $164 Planning Technician $96
Associate Traffic Analyst $147 Supervising PW
Inspector $169 Assistant Planner $136
Senior Traffic Analyst $169 SURVEY AND MAPPING Associate Planner $142 Professional Transportation
Planner $186 Survey Analyst $152 Senior Planner $174
Traffic Engineer Technician $107 Senior Survey Analyst $164 Planning Manager $186 Associate Traffic Engineer $164 2-Man Survey Crew $350 ADMINISTRATIVE STAFF Traffic Engineer $186 Survey & Mapping
Specialist $198 Administrative/Clerical $74
Senior Traffic Engineer $209 Licensed Land Surveyor $214 Project Accountant $90 Project Manager $192 FUNDING & GRANT WRITING
Senior Project Manager $209 Funds Analyst $147
Deputy City Engineer $181 Senior Funds Analyst $158
City Engineer $198 Graphic & Rendering
Designer $141
Principal Engineer $220 Grant Writer $174
Funds & Grant Project
Manager $198
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

STAFF REPORT
Date: June 11, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Approve Resolution 24-20 of the City Council of the City of Cudahy Approving A Five-Year Municipal Law Enforcement Services Agreement with the County of Los Angeles for Public Services Provided By the Los Angeles County Sheriff’s Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff’s Department Up to an Amount Authorized in the City’s Operating and Capital Budget for the Period of July 1, 2024 through June 30, 2029

RECOMMENDATION
The City Council is recommended to:

1. Approve Resolution 24-20 approving the 5-Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029, and

2. Authorize the Mayor to execute the 5-Year Agreement on behalf of the City.

BACKGROUND
The current Municipal Law Enforcement Services Agreement (MLESA) between the City of Cudahy and the County of Los Angeles is set to expire on June 30, 2024. In preparation, a new five-year agreement has been drafted for the City Council's review and approval, with the next term starting on July 1, 2024, and concluding on June 30, 2029.

Over the past year, a subcommittee from the California Contract Cities Association (CCCA), consisting of City Managers, collaborated with the County and the Los Angeles Sheriff's Department (LASD) to negotiate and revise the MLESA. The proposed agreement includes revisions that were mutually agreed upon by the County and the CCCA subcommittee (see Attachment 1 Exhibit A and C).

Item Number
4C

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

In addition to the MLESAs approved over the past few decades, the contract cities have entered into three significant agreements concerning liability and indemnification for County services:
• 1977 Assumption of Liability: The County established a fund to cover liability costs associated with contract services, assuming liability and defense for contract cities (replaced by the 1991 Joint Indemnity Agreement for law enforcement services, see Attachment 2). • 1991 Joint Indemnity Agreement: The County and cities established the structure of the Liability Trust Fund, transferring responsibility for liability and payment for settlements and claims to this fund, which is fully funded by contract cities. (see Attachment 3). • 2009 Special Indemnity Agreement: The County and cities agreed to split the liability and funding responsibility equally for certain cases involving deputies or other peace officers incurring felony convictions or any criminal convictions of certain sexual crimes (see Attachment 4).

While the County accepted some of the recommended subcommittee changes, there were a number of changes that were not accepted. Additionally, no agreement on changes to liability and indemnity language was reached prior to the renewal deadline. As was added as Section

5.4 to the MLESA, the subcommittee and County will continue discussions intended to revise liability and indemnity language to share in the financial exposure with the County instead of the current burden falling completely on the Liability Trust Fund, and by extension, the contract cities.

ANALYSIS
Currently, 42 cities contract with the County through the Los Angeles Sheriff's Department for primary and supplemental law enforcement services, representing almost half of the 88 Los Angeles cities.

Authority to Contract for Law Enforcement Services
Under California Government Code Section 51301 et seq, the City has the authority to contract with the County for public safety services. The term of any such contract shall not exceed five years but may be renewed for subsequent five-year periods, provided a decision to continue is made at least a year before the expiration of any current term. The upcoming MLESA is a fiveyear agreement requiring approval by June 30, 2024 to continue services.

County Can Recover Costs for Contract Services
According to California Government Code Section 51350, the County must charge the contracting city for all costs incurred due to the agreement. This excludes any indirect overhead

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

charges or costs attributed to services provided countywide or are general county government operational overheads. Thus, the County’s Auditor/Controller established a complex formula to set the price of each contract service unit, and the Liability Trust Fund Claims Board determined the recommended funding level for the liability component based on an actuarial study. Together, these two components form the total cost per service unit assessed to the contract cities for each service unit procured.

City Orders Law Enforcement Resources from the County
Annually, the City issues a Service Level Authorization, commonly referred to as the “575 form,” which specifies the resources provided to the City (See Attachment 1 Exhibit B for the City’s 2023-24 575 form). These resources include sworn deputies, non-sworn personnel, public safety equipment, and standard deployment of sworn personnel. The form details the costs associated with each service unit and their quantities, and annually, replaced Attachment A and B within the five-year MLESA.

For 2023-24, the City procured 20 personnel resources and 2 license plate readers for the traffic units. The resources included various types of deputies and civilian personnel, with a total service provision of 2,628,540 sworn minutes and 214,680 civilian minutes at a cost of $8,611,678.52. This includes a 12% charge to the Liability Trust Fund to cover settlements and claims arising from MLESA operations.

For 2024-25, the City will procure the same number of resources, with estimated costs increasing by 3.94%.

Changes to the 2024-2029 MLESA
The included MLESA includes several changes based on the contract cities negotiations which are beneficial to the City. The changes include:
• Performance will be by Service Unit Rather than Overall – Agreement performance standard changes from one measure overall to several measures at the service unit level. As the MLESA performance is based on service minutes, the number of deputies and civilians procured by a city are translated into available minutes. This allows the County to mix and match minutes to achieve their 98-102% target but can lead to unintended consequences to underperform in areas like traffic, special assignment, or motor units. o Benefit: The change would set the 98-102% performance target for each specific unit – patrol, motor, special assignment deputies increasing accountability to cities receiving the level of service expected when procuring specific resources. As an example, overages in patrol minutes cannot be made up by reducing service levels of a motor unit or special assignment deputy and vice versa.

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

• Retaining Vehicle of Deleted Service Unit – When a city adds a new resource that requires a vehicle (i.e. new deputy), the city incurs a significant first-year expense for the additional vehicle required for this new deputy. The maintenance and replacement costs of the vehicle are already integrated into the annual charge to the city if the city keeps the new deputy. While the LASD has a practice on this, the language of the MLESA was not explicit to protect a city from losing a deputy temporarily and then paying another new vehicle cost when the city restored the deputy. The MLESA adds language that a city can regain access to a vehicle procured with a new deputy service unit when the unit is deleted and restored within 24 months.
o Benefit: This codifies the language and extends it from 12 to 24 months giving more flexibility for a city to avoid incurring a new vehicle cost. • Transfer of City Property to County – Agreement requires separate written agreements managed at the LASD contract city stations to govern items purchased by the City and temporarily transferred to the County. Additionally, the County must maintain a detailed and regularly updated inventory of all non-vehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location. o Benefit: This language increases transparency and accountability in the handling of the City’s assets where the MLESA was previously silent.
• Equipment Replacement after Extended Maintenance and Repair – Agreement requires that the County will make best efforts to provide a temporary replacement if the original equipment takes more than 60 days to be returned.
o Benefit: The language strengthens the required effort the County must undertake to provide a replacement. A best effort would require the LASD to be more diligent in providing a replacement.
• Continue Negotiations on Indemnity Agreements – Agreement includes Section 5.4 which acknowledges indirectly the continued negotiations between the County and contract cities related to concerns that cities bear the full cost of liability for contract activities when the County should share in such liability. A Letter of Understanding between the County and the California Contract Cities Association outlines how both parties will work towards addressing concerns in several areas raised by contract cities.
o Benefit: The language does not guarantee a change, but it recognizes a mutual interest in ensuring the long-term viability of the Liability Trust Fund and controlling the increasing burden placed on cities for activities a city does not control. The County controls aspects of law enforcement operations (i.e. training, supervision, hiring, discipline, etc.) and to some extent should incur some of the liability, such as when there is gross negligence not controllable by a city. Further negotiations are a positive step.

Liability Trust Fund Claims Board

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

As established in the 1991 Joint Indemnity Agreement, the County formed the Los Angeles Contract Cities Liability Trust Fund Claims Board (Board) to review and approve settlement of claims and lawsuits for money damages which are paid from the County’s Contract Cities Liability Trust Fund. The Board consists of eleven members nominated by the California Contract Cities Association and appointed by the Los Angeles Board of Supervisors. The members include city council members, city managers, and representatives from the California Contract Cities Association.

The Liability Trust Fund is comprised of two funds – the Sheriff's Department Fund and the All Other Departments fund. This is a County trust account funded by contract cities to reimburse the County for all costs related contract city operations leading to litigation and settlements as a part of MLESA operations. The Liability Trust Fund is self-insured for liabilities up to $10 million and carries insurance up to $50,000,000.

The Liability Trust Fund has experienced significant payouts due to settlements and litigation work. The settlements are such a large exposure that insurers have been increasing the selfinsurance retention (amount paid from the fund before tapping insurance) of $2 million in 2011-12 to $10 million in 2023-24, and the rate paid by contract cities has risen from 4% to 12%, respectively, and will be 12.5% in 2024-25.

Given that all activities of the contract cities in the MLESA are the responsibility of the County and contract cities have no authority to govern over actions to reduce liability, the subcommittee feels strongly of the need to revisit the liability and indemnity relationship between the contract cities and the County to ensure balance in who pays for settlements and litigations. The purpose is to ensure the long-term viability of the Liability Trust Fund and the contract model. Further, with the County being exposed to more financial risk associated with operations that only they can control, there will be a greater incentive to ensure more risk reduction approaches and opportunities are leveraged to reduce the overall losses incurred by both the County and the contract cities.

While the subcommittee proposed changes to liability and indemnity language, the County desired additional time to discuss and consider changes. Consequently, the subcommittee will be continuing discussions on amending this language even after the MLESA is approved by the June 30, 2024 deadline, with the existing liability and indemnity language in place since the last MLESA.

CONCLUSION
City staff recommend approval of this revised MLESA. The changes to the MLESA strengthen the accountability for the City. Discussions continue related to revising liability and indemnity language.

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024

STRATEGIC PLAN CORRELATION
Goal D: Financial Stability and Transparency

2. Provide regular updates to the City Council and community about the City’s finances.

FINANCIAL IMPACT
Changes to the MLESA do not alter the cost structure of the previous agreement. Rates for law enforcement services are provided annually by the County of Los Angeles Auditor/Controller and are determined based on the fully burdened cost of deploying service units, including variables such as salary, benefits, equipment (vehicles, radios, maintenance, etc.), management overhead, vacation and sick relief, detective services, dispatch and front desk personnel, station jailer services, and civilian positions.

In 2023-24, the general law enforcement services cost $4,567,712.40. For 2024-25, the City will procure the same number of resources, with estimated costs increasing by 3.94%. This is made up of a 3.44% increase for a deputy service unit plus a 0.5% increase to the Liability Trust Fund (Liability Trust fund will go from 12% to 12.5% of personnel cost). The 2024-25 cost is estimated to be about $4.74 million.

ATTACHMENTS
A. Attachment 1 – Resolution 24-20 Municipal Law Enforcement Services Agreement B. Attachment 2 – 1977 Assumption of Liability Agreement (Template for all cities) C. Attachment 3 – 1991 Joint Indemnity Agreement (Template for all cities) D. Attachment 4 – 2009 Special Indemnity Agreement (Template for all cities)

RESOLUTION NO. 24-20

A RESOLUTION OF THE COUNCIL OF THE CITY OF CUDAHY

COUNTY OF LOS ANGELES, APPROVING A FIVE-YEAR MUNICIPAL

LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY

OF LOS ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT AND AUTHORIZING

THE CITY MANAGER TO PROCURE SERVICES OF THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT ANNUALLY UP TO
AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND
CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH
JUNE 30, 2029
WHEREAS, The City of Cudahy, California (City) and the County of Los Angeles (County) have previously entered into a Municipal Law Enforcement Service Agreement (MLESA) whereby the County through its Sheriff’s Department (LASD) provides general and additional law enforcement services within the jurisdiction of the City; and
WHEREAS, the current MLESA expires on June 30, 2024, and the City desires to continue receiving general and additional law enforcement services from the County through the LASD for an additional five years; and WHEREAS, the City intends to enter into an MLESA for a period starting July 1, 2024 through June 30, 2029 and to procure and allocate funds for such general law and additional services up to such amount appropriated in the City’s Annual Operating and Capital Budgets; and
WHEREAS, the City relies upon the City Manager or designee in partnership with the Station Captain of the LASD to implement the MLESA in such manner to best protect the public safety interests of the City of Cudahy and to make such operational changes as necessary to implement the MLESA and fulfill the public safety needs of the City.

NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Cudahy does hereby resolve that:

Section 1. The City Council of the City of Cudahy hereby approves the Municipal Law Enforcement Services Agreement between the City and the County for law enforcement and additional services for a five-year period beginning July 1, 2024 and expiring on June 30, 2029.

Section 2. The Mayor is authorized to execute the Municipal Law Enforcement Services Agreement on behalf of the City.

Attachment A Page 67 of 176

Section 3. The City Manager or his designee is authorized to procure annual services up to the appropriated amount provided in the City’s Annual Operating and Capital Budgets and to make any such operational changes to further the public safety interest of the City. Permanently deleting or adding positions will be brought back to the City Council for authorization and approval.

Section 4. The City requests that the Los Angeles County Board of Supervisors, or its designated agent or agency, approve and authorize the performance of services requested in this resolution, subject to the terms and conditions set forth in the MLESA and any other relevant agreement(s).

Section 5. The City Clerk shall attest and certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its special meeting on this 11th day of June 2024.
__________________________
Jose R. Gonzalez
Mayor
ATTEST:
_____________________________
Richard Iglesias
City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.24-20 was passed and adopted by the City Council of the City of Cudahy at a special meeting held on the 11th day of June 2024, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Richard Iglesias
City Clerk

MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF CUDAHY

TABLE OF CONTENTS

SECTION TITLE PAGE
RECITALS............................................................................................................. 1

1.0 SCOPE OF SERVICES…………............................................................ 1

2.0 ADMINISTRATION OF PERSONNEL................................................. 2

3.0 DEPLOYMENT OF PERSONNEL......................................................... 3

4.0 PERFORMANCE OF AGREEMENT.................................................... 6

5.0 INDEMNIFICATION............................................................................... 7

6.0 TERM OF AGREEMENT........................................................................ 8

7.0 RIGHT OF TERMINATION................................................................... 9

8.0 BILLING RATES….................................................................................. 9

9.0 PAYMENT PROCEDURES.................................................................... 10

10.0 NOTICES……………………................................................................... 11

11.0 AMENDMENTS…………….................................................................... 11

12.0 AUTHORIZATION WARRANTY......................................................... 12

13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements

1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF CUDAHY
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this 11th day of June 2024 by and between the County of Los Angeles ("County") and the City of Cudahy ("City").

RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:

1.0 SCOPE OF SERVICES

1.1 The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.

1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.

1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.

2 2.0 ADMINISTRATION OF PERSONNEL

2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.

2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.

2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.

The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.

2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.

2.5 All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have

3 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.

2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.

2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.

2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.

3.0 DEPLOYMENT OF PERSONNEL

3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.

3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the

4 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.

3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the

5 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.

3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.

3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.

3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.

3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.

3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.

3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth

6 in Paragraphs 3.4 and 3.5 above.

3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.

3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.

4.0 PERFORMANCE OF AGREEMENT

4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.

4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.

4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.

4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.

4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location

7 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.

4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.

4.4 It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.

5.0 INDEMNIFICATION

5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.

8 5.2 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.

5.3 In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.

6.0 TERM OF AGREEMENT

6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.

6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.

6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.

9 7.0 RIGHT OF TERMINATION

7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.

7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.

7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.

7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.

8.0 BILLING RATES

8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.

8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.

8.3 The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County

10 Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.

8.4 The billing rates for other services and equipment requested pursuant to Paragraph

3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.

9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.

The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.

9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, or in the case of disputed amounts, calculated from the date the resolution is memorialized.

9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's

11 intention to do so.

10.0 NOTICES

10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

10.2 Notices to the County shall be addressed as follows:

Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone No.: (213) 229-1647

10.3 Notices to the City of shall be addressed as follows:

City of Cudahy
Attn: City Manager
5220 Santa Ana St.,
Cudahy, CA 90201
Phone No. : (323)773-5143

11.0 AMENDMENTS

11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.

11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.

11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual

12 revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.

13 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES

AND CITY OF CUDAHY
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.

COUNTY OF LOS ANGELES

By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________

CITY OF CUDAHY

By ________________________________

Date _______________________________
ATTEST:

By__________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON CITY ATTORNEY
County Counsel
By _________________________ By _________________________ Principal Deputy County Counsel

LETTER OF UNDERSTANDING

BETWEEN

COUNTY OF LOS ANGELES

AND CONTRACT CITIES ASSOCIATION

REGARDING CONTRACT CITIES LIABILITY TRUST FUND
The Los Angeles County Sheriff's Department (LASD) provides law enforcement services to 42 cities in Los Angeles County (Contract Cities) through the Municipal Law Enforcement Services Agreement (MLESA). The MLESA is negotiated every five years, and we are pleased to have reached agreement with the Contract Cities on a five-year MLESA renewal, effective July 1, 2024. We value our mutual goal and partnership to keep our communities safe.

During the negotiation of the renewed MLESA, both Contract Cities and the County of Los Angeles (County) agreed that continued discussions around the MLESA’s indemnification provisions are warranted. The increasing value of legal settlements and jury verdicts, escalating insurance costs, and other factors have raised concerns about the potential for exposure to liability at severe or unanticipated levels.

This Letter of Understanding (LOU) sets forth the framework within which the County and Contract Cities intend to continue discussions around the MLESA’s indemnification provisions. It is not intended, nor shall it be construed, to impose any monetary or legal duty upon either party.

I. PURPOSE
The purpose of this LOU is to memorialize the County’s and Contract Cities’ mutual intent to continue to discuss potential changes to the indemnification provisions contained in Section 5.0 (Indemnification) of the MLESA, and to discuss funding models and practices with respect to liability costs.

In the renewed MLESA, the parties agreed to maintain the indemnification language from the prior MLESA for a period of nine (9) months, with an automatic extension for an additional six (6) months, to allow these continued discussions to take place.

Neither the County nor Contract Cities are committing to any particular resolution or agreement resulting from these discussions, and this LOU is not enforceable against either the County or Contract Cities.

II. TOPICS FOR DISCUSSIONS
The County and Contract Cities intend to discuss the specific topic areas identified below. These topic areas are described generally so as not to be unduly prescriptive or limiting. However, the County and Contract Cities do not intend by this LOU to discuss topic areas outside the reasonable scope of the Assumption of Liability Agreement, Indemnity Agreement, Special Indemnity Agreement and those items listed below, and agree that limiting discussion to these topic areas will ensure that discussions proceed in a focused, orderly, and timely manner.

1. Acts or omissions by LASD employees that will not be considered “Contract City business” for the purposes of determining whether the LTF shall pay for resulting litigation costs and liability.

2. Loss control measures to reduce liabilities paid for by the LTF.

3. A formal process to resolve disputes between the County and Contract Cities over responsibility for certain costs of litigation or liability.

4. Responsibility for the costs to defend LASD employees and punitive damages awards under certain circumstances, including but not limited to, when employees are engaged in conduct outside the course and scope of their employment, illegal or sexual activity or with willful disregard for the safety of others.

5. Participation by Contract Cities in the selection of attorneys for Priority 1 & 2 cases, as well as discussions of which firms should be on the panel..

6. Defining what constitutes timely notice by the County to Contract Cities’ claims and the ramification of a failure to do so.

7. Litigation cost reduction measures.

8. Addressing the solvency of the LTF.

9. Discuss other fee-for-service models that reflect the County’s desire to fully recover its cost of providing MLESA services in Contract Cities, including any liability costs, and the Contract Cities’ desire to reduce liability costs associated with the existing MLESA structure.

III. MEETING SCHEDULE AND FORMAT
Within 15 days of the execution of this LOU by all parties, the parties will mutually agree on a meeting schedule. Meetings will take place no less than monthly, either in person or virtually. To foster meaningful and productive discussions, the County and Contract Cities intend to limit their respective number of participants at each meeting to no more than six (6) representatives each. County representatives will include, at a minimum, the Chief Executive Office, LASD, and County Counsel.

Contract Cities’ representatives will include, at a minimum, Contract Cities Executive Director, the California Joint Powers Insurance Authority, and a representative from the City Managers workgroup. This does not restrict the use of external professionals to assist in any technical analysis beneficial to the discussions.

IV.

COUNTY OF LOS ANGELES
By:

Signature
Name:

Date:

Title:

LOS ANGELES SHERIFF’S DEPARTMENT
By:

Signature
Name:

Date:

Title:

CONTRACT CITIES ASSOCIATION
By:

Signature
Name:

Date:

Title:

1 Attachment C

PUBLIC SAFETY EQUIPMENT USE REQUIREMENTS

1.0 TRANSFER OF PUBLIC SAFETY EQUIPMENT

1.1 The County, through the Sheriff’s Department, hereby transfers the public safety equipment set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement ("Equipment") for the exclusive use of the City during the term of the Agreement.

2.0 USE OF EQUIPMENT

2.1 The City may use the Equipment for any lawful purpose, including use in connection with public safety activities in all areas under the City’s jurisdiction.

2.2 The City shall not use or operate the Equipment in violation of any federal, state, or local law, rule, regulation, or ordinance.

2.3 The Equipment shall not be used or operated as follows:

2.3.1 In a manner subjecting the Equipment to depreciation above the normal depreciation associated with public safety use; and/or

2.3.2 For an illegal purpose or by a person under the influence of alcohol or narcotics.

3.0 SAFEKEEPING AND MAINTENANCE

3.1 The City shall exercise due care for the safekeeping of the Equipment during the term of the Agreement.

3.2 The City shall ensure that the Equipment is kept in good working order and condition, shall ensure that the Equipment is scheduled and available to County for the performance of its regularly scheduled maintenance by the County, and shall comply in every respect with any manufacturer’s/owner’s manual that comes with the Equipment.

3.3 The County shall perform all maintenance and repairs required for the proper operation of the Equipment. Except as otherwise set forth herein, such maintenance and repairs are provided in exchange for the City's payment of the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement. The City has the right to inspect said Equipment prior to acceptance of the Equipment following maintenance and repairs by the County.

2 3.4 Maintenance and repairs provided by the County under the Agreement may be performed by the County, its third party vendors, and/or the manufacturer of the Equipment.

3.5 The County shall assume responsibility for ensuring that the Equipment has been inspected or otherwise tested in accordance with the laws of the State of California and the United States prior to use by the City.

3.6 The City shall inspect the Equipment upon initial delivery and return from County following maintenance and repair, and, by acceptance thereof, finds the Equipment in good working order and condition.

3.7 The Equipment shall be maintained and repaired solely by the County. The City and any of its third party vendors are prohibited from performing any maintenance and repairs on the Equipment.

3.8 All regularly scheduled maintenance shall be performed by the County, and the City shall timely present the Equipment to the County for the performance of regularly scheduled maintenance at the direction of, and in accordance with the policies and procedures of, the Sheriff's Department's Communications and Fleet Management Bureau. The Sheriff’s Department shall make every effort to perform any maintenance in a timely manner.

3.9 Any Equipment requiring maintenance and repair by the County for any extended length of time, as determined by the Sheriff's Department's Communications and Fleet Management Bureau, will make best efforts to provide a temporary replacement piece of Equipment if such extended time exceeds or is projected to exceed sixty (60) calendar days. All terms and conditions set forth herein shall apply to the City's use of any temporary replacement Equipment provided by the County. The County shall not be responsible for any damages or liability resulting from the City's loss of use of the Equipment during the performance of maintenance and repair services by the County.

4.0 INSPECTION BY COUNTY

4.1 The County shall have the right to inspect the Equipment, immediately upon request by the County, at any time during the term of the Agreement. The City shall provide the County with such operating, and other information, or copies of any such records maintained by the City with respect to the Equipment, as the County or any government agency may require from time to time.

5.0 TITLES

5.1 The County shall retain ownership of the Equipment used by the City during the term of the Agreement. Legal title to the Equipment is, and shall, at all times, remain in the name of the County. The Equipment shall not be transferred or delivered by the City to any persons other than the County without the County’s

3 prior written consent.

6.0 INDEMNIFICATION

6.1 The City agrees to indemnify, defend, and hold harmless the County from any and all liability, losses, or damages the County may suffer and from any claims, demands, costs, or judgments against the County arising out of City’s use or operation of the Equipment. This indemnification does not extend to (1) any liability resulting from inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) negligent or wrongful maintenance or repair of the Equipment provided by the County.

7. RISK OF LOSS

7.1 The City shall assume all risk of loss to the Equipment from the time it is delivered by the County to the City, and inspected and accepted by the City, until (1) the Equipment is returned to the County upon expiration or termination of the Agreement, or (2) the County regains temporary possession of the Equipment for purposes of providing maintenance and repair.

7.2 Upon inspection/acceptance of the Equipment, the City shall be responsible for any and all damage to the Equipment, except those damages resulting from (1) inherent defects or malfunctions in such Equipment related to manufacturer’s acts or omissions, or (2) the negligent or wrongful maintenance or repair of the Equipment provided by the County.

7.3 In the event of damage to the Equipment or the Equipment is in need of repair, the City shall notify the County to that effect and follow such instructions that the County may provide with respect to repair or disposal of the Equipment. If the Equipment is lost, stolen, destroyed, or declared to be a total constructive loss (subject to the County's agreement as to such condition), the City shall properly notify the County thereof and hold any Equipment for disposal by the County.

With respect to any loss, theft, or destruction of the Equipment, the County and the City shall negotiate the value for comparable equipment in a condition similar to the lost, stolen, or destroyed Equipment immediately prior to any such loss.

The City shall reimburse the County for the value of the lost, stolen, or destroyed Equipment.

8.0 BILLING RATES

8.1 As further discussed in Section 8.0, Billing Rates, of the Agreement, the City shall pay the County for the use of the Equipment provided under the Agreement at the annual billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of the Agreement, as established by the County Auditor-Controller.

ATTACHMENT 3

COUNTY -CITY SPECIAL INDEMNITY AGREEMENT
THIS AGREEMENT ( " Agreement "), dated for reference purposes on the day of 2009, is made and entered into between the County of Los Angeles, hereinafter referred to as the "County," and the Cities identified in Recital G below, hereinafter cumulatively referred to as the "Cities."

RECITALS
A. Cities, and each of them, and County have heretofore contracted for the performance of law enforcement services to be provided by the County, its officers, agents and employees, known as "Municipal Law Enforcement Services Agreements" which contracts the parties may in the future extend, renew and amend, and enter into other and further contracts for the performance of such services (hereinafter referred to as " MLESA"); and B. Cities and County have heretofore contracted for the indemnification of the Cities by the County, utilizing the Liability Trust Fund ( "LTF ") for the acts and omissions committed by the County's employees in the course and scope of providing services under the MLESA agreements, more particularly described as the Joint Indemnity Agreements or Assumption of Liability Agreements ( hereinafter referred to as " Joint Indemnity Agreements ") which have remained in full force and effect to the present time; and
C. In accordance with the Joint Indemnity Agreements, the County established the LTF, as provided in those agreements. In accordance with the Joint Indemnity Agreements, the Cities, and each of them, are required COCA- CINDEMNTYACR COLA.SI'A90727FIN. DOC
ATTACHMENT 4

to pay monies into the LTF. The monies in the LTF are used to reimburse the County for claims, losses, costs and expenses it incurs for which indemnification is provided in the parties' MLESA and /or Joint Indemnity Agreements; and
D. The County withdrew sums from the LTF for the purpose of reimbursing itself for its payment of settlement of claims related to sexual assaults committed by a deputy sheriff (Gonzales) in the years 2002 and 2003 (the "Claims "); and
E. A dispute has arisen between the parties regarding the circumstances under which the County may utilize the funds in the LTF for claims arising from sexual assaults committed by deputy sheriffs employed by the County ( "Sexual Assaults "); and
F. The parties desire to continue the Joint Indemnity Agreements and MLESA agreements, as amended, modified and supplemented from time to time. As further consideration to the Cities, the County is willing to reimburse the LTF for a portion of the sums that are used or may be used by it from the LTF for claims, losses, costs or expenses arising out of certain Sexual Assaults, as defined in Section 2 below, occurring in the performance of the MLESA agreements on the terms and in the manner provided in this Agreement.

G. The Cities that are a party to this Agreement are as follows:

City of Agoura Hills
City of Artesia
City of Avalon
City of Bellflower
City of Bradbury
Citv of Calabasas
CCCA- COLA. S PC INDEMNTYAGR.090727 FIN. DOC 2

City of Carson
City of Cerritos
City of Commerce
City of Compton
City of Diamond Bar
City of Duarte
City of Hawaiian
Gardens
City of Hidden Hills
City of Industry
City of La Canada
City of La Habra Heights
City of La Mirada
City of La Puente
City of Lakewood
City of Lancaster
City of Lawndale
City of Lomita
City of Lynwood
City of Malibu
City of Norwalk
City of Palmdale
City of Paramount
City of Pico Rivera
City of Rancho Palos
Verde
City of Rolling Hills
City of Rolling Hills
Estate
City of Rosemead
City of San Dimas
City of Santa Clarita
City of South El Monte
City of Temple City
City of Walnut
City of West Hollywood
City of Westlake Village
NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged, it is mutually agreed as follows:

AGREEMENT

1. Effective Date.

This Agreement shall be effective as of July 1, 2009. The foregoing notwithstanding, this Agreement shall apply to any claims notice of which is first given to the Liability Trust Fund Oversight Committee after the effective date of this agreement, regardless of the date of occurrence. For purposes of this Agreement "notice" shall mean notification to the Chief Executive Officer of the California Joint Powers Insurance Authority and the Executive Director of the California Contract Cities Association, unless otherwise instructed in writing.

2. Indemnity by the County to the City.

CCCA- C0L .090727PIN. ASPCINDPMNTYAGR. DOC 3

The parties agree that the maximum liability of the LTF for any losses, claims, costs or expenses related to certain Sexual Assaults, as herein below defined, by deputies or other peace officers in the employ of the County shall be one -half (1/2) of any settlement, judgment or award for such assaults and the costs of defense, including attorneys fees, for such claims or lawsuits. In the event that a withdrawal is made by the County from the LTF for any liability related to certain Sexual Assaults by deputies or other peace officers, as herein below defined, the County shall reimburse the LTF, or, in the event that it has not made a withdrawal of funds from the LTF it shall assume the responsibility to pay from its own funds, one -half (1 / 2) of any amounts necessary to satisfy any judgment, award or settlement not otherwise covered by insurance, if there is any, together with costs of defense, including attorneys fees, under the following circumstances:
a. A felony judgment of criminal conviction is entered in a state or federal court based upon the same facts as the claim; and
b. The felony judgment of criminal conviction is based upon an act of rape, sodomy, oral copulation or other sexual penetration of a person; For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement, any amount paid by an insurance carrier directly to a claimant on a claim which is subject to this Agreement shall not be deemed to have been paid from the LTF.

For purposes of calculating the amount that the County is obligated to pay into the LTF under this Agreement. any amount paid from the LTF on a claim CCCA -COLAS PC) NDENI N7 YAG R. DOC090727FIN. 4

which is subject to this Agreement but which is reimbursed to the LTF by an insurance carrier shall not have been deemed paid from the LTF.

Nothing herein creates an obligation upon the Cities, or any of them, or any other entity to acquire, have or maintain any policy of insurance.

3. Term of and Application to Other Agreements.

This Agreement shall apply to all MLESA agreements now existing or hereafter entered into, including amendments, renewals or other extensions thereof. This Agreement shall serve to supplement the Joint Indemnity Agreements with respect to the single subject matter addressed herein.

Nothing herein shall be deemed to change, modify, alter, amend, or substitute any term, right, obligation or condition set forth in an MLESA, as amended or modified, from time to time.

4. Termination of Service Contracts Between County and Cities.

This Agreement shall continue in effect until the last of any MLESA or similar agreement is lawfully terminated in accordance with its terms. Such termination shall not relieve County or City for any obligations set forth in such MLESA agreement relating to obligations upon termination of such agreement and this Agreement to any claims related to a Sexual Assault.

5. Release of the Claims.

The Cities and each of them hereby waive, release and relinquish any claim they may have for the reimbursement of the sums withdrawn by the County with respect to the Claims. The County hereby waives, releases and relinquishes any right or claim it may have for reimbursement of any sums it has or may have CCCA- COLA .SPCINDGMNTI' 090727FIN. AGR. DOC 5

paid or incurred with regard to any Sexual Assault occurring prior to the effective date of this Agreement.

6. Further Assurances
Each of the parties hereto agrees to execute and deliver any and all additional papers and documents, and to do any and all acts reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties hereto.

7. Non - Admission of Liability
Each of the parties hereto agrees that nothing contained or incorporated herein shall be deemed as an admission of liability with respect to any matter, thing, or dispute whatsoever.

8. Entire Agreement
This Agreement with regard to the use of LTF funds by the County for claims arising out of Sexual Assaults, and the other agreements between the parties referenced herein, shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations of the parties concerning the subject matter hereof and the terms applicable thereto.

9. Amendment
This Agreement may not be supplemented. modified or amended in any manner, except by an instrument in writing stating that it is a supplement, modification or amendment of this Agreement and signed by each of the parties hereto.

CCCA- COLA. SPCINDE:NIN "FYAGR. DOC090727FIN. 6

10. Waiver.

No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any wavier constitute a continuing wavier. No waiver shall be binding unless executed in writing by the party making the waiver.

11. Counterparts
This Agreement may be executed by one or more separate counterparts, each of which, when so executed shall together constitute one and the same instrument. A copy transmitted electronically or by facsimile shall be deemed effective as an original.

12. Captions
The captions appearing in this Agreement are descriptive only and for convenience of reference. Should there be any conflict between any such caption and the terms of this Agreement, the latter shall control and govern the construction of this Agreement.

13. Constructions and Interpretation
The parties have participated equally in the preparation of this Agreement, which shall be construed and interpreted simply and fairly and not strictly for or against any party.

14. Recitals.

The Recitals set forth in this Agreement are incorporated herein by reference and made a part hereof.

CCCA -COLA SKINDEMN' 090727FIN. IYAGR. DOC 7

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their fully authorized officers the day and year hereinafter set forth.

ATTEST:

SACHI HAMAI
Executive Officer -Clerk
Board of Supervisors
By
Deputy
APPROVED AS TO FORM:

ROBERT E. KALUNIAN
Acting County Counsel
Lo
Signatures continued)

COUNTY OF LOS ANGELES

DON KNABE
Chairman, Board of Supervisors
0 CCCA- COLA. SPCINDEMN 8

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
m
Signatures Continued)

CITY OF AGOURA HILLS
Lm
MAYOR

CITY OF ARTESIA
By
MAYOR
CCCA- COLA.SPCINDFMNTYAGR 09072 7FM.DOC 9

CITY OF AVALON
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
II
MAYOR

CITY OF BELLFLOWER
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
CCGbCOLA. I'AGSPCINDEMN' Y.R. IN090727F' D0C T

CITY OF BRADBURY
0 ITUWCON
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF CALABASAS
10 fuYNTOM
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
CCCA- COLAS PCINDEMNTYAGR. 090727FIN. DOC

CITY OF CARSON
ATTEST:

M
City Clerk
QI
MAYOR
APPROVED AS TO FORM:

CITY ATTORNEY
10 ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)

CITY OF CERRITOS
m
fNEVZOT
CCCA- COLA .SKINDE.\ NMNTYAGRD90727F( DOC 12

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued

CITY OF COMMERCE
m
MAYOR

CITY OF COMPTON
a
MAYOR
CCCA- COLA. SPCINDEYMNIYAGR. 090727HNDOC 13

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)

CITY OF DIAMOND BAR
By
MAYOR

CITY OF DUARTE
m
MAYOR
COCA -COLAS PCINDEMNTYAC R,090727PINDOC 14

CITY OF HAWAIIAN GARDENS
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
IIm
MAYOR

CITY OF HIDDEN HILLS
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
Signatures Continued)
COCA -COLAS PC. 090727FIN. INDPON1YACR.DOC 1.5

16 CITY OF INDUSTRY
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LA CANADA
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY -
By
Signatures Continued)
CCCA -COL:\ DOC SPCINDFMNTYAGR. 090727FIN. 16

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
a
Signatures Continued)

CITY OF LA HABRA HEIGHTS
Im
MAYOR

CITY OF LA MIRADA
m
ruFMO7:7
CCCA- COLA.SPCINDEMNI YAGR. DOC090727FIN. 17

CITY OF LA PUENTE
0 MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LAKEWOOD
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
CCCA- COI. SPCINNDEMNPYAG A.R.090727F IN. DOC is

CITY OF LANCASTER
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
0 MAYOR

CITY OF LAWNDALE
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
COCA- COLA.SPCINDE MNTYAGR.090727 FIN. DOC 19

CITY OF LOMITA
m
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF LYNWOOD
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
C CCA -CO LA. S P C I N D 8Ni NT Y AG R .09072 7 F I N. DOC 20

I

CITY OF MALIBU
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF NORWALK
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
CCC.A- COI, SPCINDEMNTYAGR A.O90727FIN.DOC I

CITY OF PALMDALE
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
MAYOR

CITY OF PARAMOUNT
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures Continued)
CCCA - COLAS KINDEb1NTYAGR. DOC090727FIN. 2

CITY OF PICO RIVERA
Lo
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF RANCHO PALOS VERDE
LIZA
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
CCCA - COLA .SPCWDEMNTYAGR. 090727F IN. DOC 23

CITY OF ROLLING HILLS
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
go
MAYOR

CITY OF ROLLING HILLS ESTATE
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
CCCA- COLA.S PC] N DEMNI' 090YAGR. 72 MN.DOC. 74

ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
ATTEST:

By o
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)

CITY OF ROSEMEAD
Lm
O/ `o

CITY OF SAN DIMAS
MAYOR
CCCA --COLA SPCINDFNIN "rYAGR.090727F1N. DOC 25

CITY OF SANTA CLARITA
0 70T. 0
ATTEST:

City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY

CITY OF SOUTH EL MONTE
13Ti
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
CCCA- COLA. SPCINDFMNTYAG R.090727 FIN, DOC. 26

CITY OF TEMPLE CITY
Lm
IMF' • •
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By

CITY OF WALNUT
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
Signatures continued)
CCCA -COLAS PCLNDEMNTYAGR. DOC090727FiN. 2',

CITY OF WEST HOLLYWOOD
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
QQI
MAYOR

CITY OF WESTLAKE VILLAGE
By
MAYOR
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY
By
End)
CCCA - COL A. S PC[NllEMN'IYAG R.090727FI N. DOC. ZS

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024 Page 1 of 2

STAFF REPORT
Date: June 11, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Adoption of the City’s Legislative Platform (Platform)

RECOMMENDATION
The City Council is recommended to adopt the Legislative Platform (Platform) that will guide the City’s legislative priorities and funding pursuits at the local, regional, state, and federal levels of government.

BACKGROUND
To continue improving the local quality of life, while contributing to the greater goals of the region, the City of Cudahy will pursue funding opportunities and policy priorities outlined in the Legislative Platform.

The Legislative Platform will establish the City’s position on matters of priority and importance to the City. The Platform is designed to be flexible and nimble, allowing staff to proactively and immediately engage, pursue and influence our elected leaders and appropriate agencies where possible and as necessary at all levels of government.

By adopting this Platform, staff will actively collaborate with federal, state, regional, and local elected officials and their respective staff, partners, and stakeholders to implement the goals and deliverables outlined by the City Council. This Platform supplements and aligns with existing City Council established goals and policies adopted in various documents such as the General Plan, the City’s Strategic Plan, and approved resolutions. Given the ever-changing political atmosphere, the Legislative Platform shall be reviewed regularly and updated on an annual basis. The Platform shall be published and disseminated widely to promote transparency and awareness among the public.

Item Number
4D

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
06/11/2024 Page 2 of 2

ANALYSIS
The Platform was developed to support the successful implementation of the City’s adopted Strategic Plan. The Strategic Plan serves as the roadmap to advance the City’s mission, vision, and values by aligning the City’s resources and activities, the City Council’s policy direction, and the desires of residents, businesses, and community stakeholders. The attached Legislative Platform outlines specific policy objectives and outcomes that staff will pursue at each level of government.

CONCLUSION
To adopt the Legislative Platform that will guide the City’s legislative priorities and funding pursuits at the local, regional, state, and federal levels of government.

STRATEGIC PLAN CORRELATION
Goal B: Social Services

1. Partner with appropriate agencies to ensure Cudahy residents receive social services.

3. Pursue grant opportunities as available to help residents with cash assistance or other needs.

5. Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.

Goal C: Housing Security and Affordability

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

Goal E: City Infrastructure and Service Delivery

3. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

FINANCIAL IMPACT
There is no fiscal impact to the General Fund as a result of this report.

ATTACHMENTS
A. Legislative Platform

City of Cudahy
Legislative
Platform
2024
Attachment A Page 145 of 176
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
Community services (including programs and activities for all ages) Social services
Housing security and affordability
Financial stability and transparency
City infrastructure and service delivery
Communication and outreach
The City of Cudahy’s Legislative Affairs Division has developed a legislative platform to support the city’s strategic plan. This Strategic Plan includes six goals to make Cudahy stronger and begin to achieve the vision to which the Council and staff aspire.

The goals are:

City of Cudahy 2024 Legislative Platform | 2

Goal C: Housing
Security and
Affordability -
Cudahy will help
residents
understand
housing options,
including methods
to become home
owners.

The Council has adopted the following goals in the City’s Strategic Plan:

City of Cudahy
Strategic Plan
Goal A: Community
Services, Programs
and Activities for All
Ages - Cudahy
provides a wide
range of activities
and events for a
thriving, diverse,
multi-generational
community.

Goal B: Social
Services - Cudahy
works with local and
regional partners to
help ensure residents
have access to
mental health
services, food and
cash assistance and
childcare, as needed.

City of Cudahy 2024 Legislative Platform | 3

Goal F:

Communication and
Outreach Cudahy
effectively uses
communication and
education to inform
and engage our
diverse community.

The Council has adopted the following goals in the City’s Strategic Plan:

City of Cudahy
Strategic Plan
Goal D: Financial
Stability and
Transparency -
Cudahy sustains
strong financial health
and provides fiscal
transparency during
budget preparation
and throughout the
fiscal year.

Goal E: City
Infrastructure and
Service Delivery -
Cudahy strives to
provide safe, well
maintained, and
sustainable facilities,
while ensuring
efficient and
dependable
infrastructure.

City of Cudahy 2024 Legislative Platform | 4

Cudahy City Council
Martin Fuentes
Councilmember
Jose R. Gonzalez
Mayor
Elizabeth Alcantar
Vice Mayor
Daisy Lomeli
Councilmember
Cynthia Gonzalez
Councilmember
About this
Legislative Platform
Goals of the
Legislative Platform
The City of Cudahy will partner with county, state and federal elected officials and agencies to support the City’s Strategic Plan. The City will advocate for policy priorities and funding opportunities outlined in this legislative platform.

Streamline the ability of City Staff
to respond to legislation, policies
or funding opportunities.

Identify or support items that
influence the implementation of
the City’s Strategic Plan.

Identify, oppose or propose
County, State or Federal
Initiatives.

Allow City Staff to prepare position
letters and Resolution language for
the consideration of the City
Council.

Encourage City Staff to actively
engage in regular briefings or
correspondence with county, state
and federal representatives.

City of Cudahy 2024 Legislative Platform | 5

City of Cudahy 2024 Legislative Platform | 6
Secure funding for the Southeast
Gateway Line that will create
hundreds of jobs and promote
public transit for the region.

Southeast Gateway Line
Support policies andfunding
opportunities for the City and
region that strengthen the ability to
invest in green technologies for
electric vehicles.

Green Energy Initiatives
Support policies and funding
opportunities for the remediation
of brownfields and other
contaminated properties.

Brownfields and
Remediation
Support policies and funding
opportunities that expand first-time
homeownership programs for
disproportionately affected
communities.

Housing Stock
Diversification
Federal
Priorities

State Priorities
City of Cudahy 2024 Legislative Platform | 7
Card Club and Gaming
Work with various state agencies to
support and fund initiatives that
advance walkability and pedestrian
safety in the City and region.

Promote Walkability and
Pedestrian Safety
Partner with the State Legislature
and the Governor’s Office to
strengthen tenant protections in
the City and region.

Tenant Protections
Build support amongst elected
officials from both chambers that
protects potential revenue and job
creation from card clubs and
gaming.

Obtain funding and policy support
from State agencies to fund
remediation of contaminated
properties.

City Greening and
Site Cleaning
Southeast Gateway Line
Secure funding for the Southeast
Gateway Line that will create
hundreds of jobs and promote
public transit for the region.

Support advocacy efforts for
limiting adverse increases to public
utilities, energy, and insurance
costs.

Access to Affordable
Energy and Utilities
Support legislation and/or
policies that promote health
living and access to healthcare
for all.

Mental and Physical
Healthcare for All

Regional Priorities
City of Cudahy 2024 Legislative Platform | 8
The City will work with regional
partners and non-profits to
revitalize the Los Angeles
Riverbed for pedestrians,
bicyclists and visitors.

Reinvigorate the
Los Angeles Riverbed
Coordinate support and advocacy
for the SELA Region that facilities
implementing legislation or
funding to uplift the region.

Strengthen Southeast
Los Angeles (SELA) Region
Work with regional partners to
support access to fast, fixed
wireless connection and
broadband services for the City
and region.

Affordable Connectivity
and Broadband
Support the complete funding
and development of the
Southeast Los Angeles Arts and
Cultural Center.

Support the Southeast Los Angeles
Arts and Cultural Center
The City will continue to
collaborate and seek out
opportunities to partner with nonprofits and other agencies to elevate the City’s role as a
regional leader and partner.

Elevate City
as Regional Partner

City of Cudahy 2024 Legislative Platform | 9
Local Priorities
Continue to partner with Los
Angeles Unified School District and
non-profits to improve educational
outcomes and career pathways for
local youth.

Education
Coordinate with local business
leaders to streamline economic
development opportunities and job
creation.

Support
Economic Development
Provide Cost Effective
Contract Services
Support policies that improve
the cost-effectiveness of
contracted services provided to
the city.

The City is committed to offering
its residents access to safe and
clean water, and sustainable
energy.

Water and Energy
Develop strategic partnerships to
create a greater sense of safety
for the community at large
through violence prevention
programs.

Community Safety
Support policies that elevate
housing as a right to affordable,
secure, and habitable housing free
from harassment and
discrimination.

Housing Security and
Community Stability

Oppose
Fiscal and Organizational
Sustainability
Policies and programs that protect or
expand funding eligibility for local
governments such as tax revenues, block
grants and formula-based funding
allocations.

Future redistricting efforts that would
enhance local and sub-regional voices and
needs at County, State and Federal levels
Efforts that promote civic engagement
amongst the residents of the City and
solicit feedback for the development of
ongoing strategic initiatives and programs.

Policies and programs that provide for a
good work environment, promote career
advancement, development and training
opportunities.

Policies and Initiatives that strengthen
local control for the development of
additional revenue
Policies and initiatives that would reduce
local control of government, taxation,
revenue generation and administration.

Efforts to bypass local input of bills and
proposals that would have a significant
impact on the ability to provide services,
resources and effective governance.

Efforts that would reduce or reallocate
funds intended for local services and
programs to balance state budgets.

Support
City of Cudahy 2024 Legislative Platform | 10

Oppose
Economic Development
and Land Use
Legislative language within Federal,
State and County Parks and
Recreation funding programs that
would prioritize or provide
additional consideration of funding
for cities that are
disproportionately disadvantaged.

Favorable legislation and full
funding eligibility to leverage
private, non-traditional funding
sources, alternative financing
options and project delivery
methods to advance design and
construction of City facilities.

Policies or programs that reduce
funding or limit eligibility to local
governments for funding intended
for parks, urban greening and open
spaces.

Revitalization, Maintenance and
expansion of green spaces
Shovel-ready community
infrastructure projects
Remediation of contaminated
properties
Support
Seeking Funding For
City of Cudahy 2024 Legislative Platform | 11

Corridor Revitalization
and Economic Development
Efforts to develop and revitalize the
Atlantic Avenue corridor while preserving
the character, identity and culture of the
City.

Funding and financing of programs aimed
at attracting new development.

Efforts intended to attract, retain and
incorporate clean technology industries
and manufacturing and establish a
Business Improvement or Downtown
District
Efforts to promote greater accessibility for
cities to adopt new fees for development
Property tax reform that would allow cities
to capture a greater share of property
taxes to fund critical infrastructure,
services, and economic development
activities
Policies or legislation that would preempt
local land use authority and control.

Legislation that would shift parking, zoning
or development guidelines away from local
control.

Policies and programs that may create
additional barriers of entry for new
businesses.

Revitalization of main city corridors
Small Business Start-Up assistance
Walkability and Pedestrian Safety
measures
Workforce Development
Support Oppose
Seeking Funding For
City of Cudahy 2024 Legislative Platform | 12

Housing
Efforts that preempt local land use
control and authority.

Unfunded mandates on matters of
housing, zoning, land use and pricing.

Policies and programs that would
restrict local control on managing
parking as related to housing, TOD
and mixed use developments.

Oppose
Programs that provide emergency
rental relief for tenants and property
owners.

Efforts that strengthen tenant
protection rights and expand current
tenant protections.

Policies that promote
homeownership opportunities
Policies and programs that provide
support for mixed income housing
and designated residential areas.

Efforts that maintain local control to
exercise flexibility of local housing
governance to best address the
needs of the community.

Policies that mandate local
jurisdictions to implement price
ceilings on market rental rates.

Support
First-time homebuyer down
payment assistance
Mixed-income or social housing
Tenant protection legal services
Seeking Funding For
City of Cudahy 2024 Legislative Platform | 13

Infrastructure
Strategic partnerships with neighboring
cities, regional agencies and stakeholders to
submit joint funding requests to advance
regionally significant infrastructure projects
such as the Southeast Gateway Line.

Policies, programs and projects that will
increase safety, enhance mobility, address
deferred roads and bridge improvements,
enhance transit service and reliability and
encourage multi-modal and active
transportation.

Legislative language proposals that would
expand eligibility of funding for critical
infrastructure and state of good repair
projects within the City.

Policies and programs intended to
accelerate broadband and access to reliable
internet utilities to close the digital divide
amongst underserved communities.

Policies and programs that prioritize
providing clean, safe drinking water
including the streamlining of water tract
consolidation.

Policies or programs that conflict with
corridor revitalization and mobility
enhancement projects.

Policies that tie funding requests to a
population-based formula.

Pedestrian access to Southeast Gateway
Line Light Rail Station
Unfunded projects identified in the City’s
Five-Year Capital Improvement Plan (CIP)
Development of comprehensive
pedestrian and roadway safety plans
The design and construction of complete
street and active transportation projects
Good repair projects for city streets
Support Oppose
Seeking Funding For
City of Cudahy 2024 Legislative Platform | 14

Health, Wellness and
Safety
Oppose
Support
Support
Policies intended to advance social
equity and reduce disparities while
ensuring public safety for all in Cudahy.

Policies intended to support
transparency and accountability on the
part of law enforcement and promote
community safety measures.

Efforts intended to suppress and
prevent gang activity and promote
youth intervention programs.

Access to resources to address issues
such as graffiti, damage to public and
private property, domestic violence,
human trafficking and the sale of illegal
controlled substances.

Activities to bolster emergency
preparedness and implement
statewide-integrated public safety
communications systems between local,
state and federal law enforcement, fire
and emergency medical response.

Proposals or policies that would increase
costs or that pass along risks associated
with law enforcement and public safety
to local governments.

Social Support Services
Mental Health Services
Homelessness Outreach and Prevention
Emergency Preparedness and Training
Public Safety and Crime Prevention
Technology
Community Pool
Innovative approaches to the delivery of
regional public safety resources that are
community-oriented.

Policies and programs that support and
fund services for the unhoused
population.

Policies and programs intended to
expand access to mental health
counseling and crisis-intervention
services.

Seeking Funding For
City of Cudahy 2024 Legislative Platform | 15

Sustainability and
Environment
Policies and programs intended to improve
local air quality standards, reduce
greenhouse gas emissions, mitigate
pollutants, promote clean water delivery,
promote transparency and greater local
control for water services, expand climate
resiliency and advance zero-emissions
technology with local input.

Policies and programs intended to advance
the design and delivery of environmentally
friendly buildings, businesses and
manufacturing centers.

Expansion of funding opportunities to
remediate contaminated properties.

Policies that alleviate environmental racism
and injustices in the Southeast Los Angeles
area.

Policies that expand funding for and green
spaces themselves.

Support
Zero-Emissions Fleet (City
Vehicles and Bus)
Clean Energy Generation
Equipment
Energy Efficiency upgrades at
City facilities and equipment
Environmental Justice
programs and projects
Legislation that strains the
city’s effort to protect the
environment
Legislation that increases
pollution or environmental
contamination.

Oppose
Seeking Funding For
City of Cudahy 2024 Legislative Platform | 16

Community Engagement
Efforts to engage residents of the
City through intentional and robust
multi-cultural community
programing.

Efforts to engage and support the
senior (aging in place), veteran and
disabled communities within the
City.

Efforts to develop world-class
recreation, sports and outdoor
learning programming that provides
opportunities for all residents of the
City to improve quality of life, public
health and community enrichment
outcomes.

Programs and policies intended to
increase citizenship and improve
the lives of immigrants and their
families
Veteran Support Services
Senior, adult and youth
programming
Implementation of art. culture and
historic preservation programs
Support Seeking Funding For
City of Cudahy 2024 Legislative Platform | 17

City of Cudahy
Executive Team
Alfonso Noyola, City Manager
Johncito “John” Peraza, Assistant to the City Manager
Richard Iglesias, City Clerk
Brenda Rodriguez, Director of Community Services
Joshua Calhoun, Director of Finance
Juan Arauz, Director of Community Development
Ron Bow, Interim-Director of Public Works
City of Cudahy
5220 Santa Ana St.,
Cudahy, CA 90201
(323) 773-5143
https://www.cityofcudahy.com/

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06/11/2024 Page 1 of 2

STAFF REPORT
Date: June 11, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration and Discussion Regarding a Resolution Denouncing Digital Discrimination

RECOMMENDATION
The City Council is recommended to discuss the possible adoption of Resolution No. 24-21, denouncing digital discrimination.

BACKGROUND/ANALYSIS
On June 4, 2024, Vice Mayor Elizabeth Alcantar requested staff add a Resolution denouncing digital discrimination and recognizing the importance of all communities accessing fast, reliable, and affordable internet regardless of income level, race, ethnicity, color, religion, or national origin.

CONCLUSION
The City Council is recommended to discuss the possible adoption of Resolution No. 24-21.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

Item Number
4E

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Staff Report
06/11/2024 Page 2 of 2

ATTACHMENT
A. Draft Resolution No. 24-21

RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA

DENOUNCING DIGITAL DISCRIMINATION
WHEREAS, the City of Cudahy recognizes the critical importance of broadband internet access for full participation in modern society;
WHEREAS, digital discrimination occurs when internet service providers (ISPs) inequitably deploy high-speed internet connections or disproportionately withhold the best deals for their services from racially or socio-economically marginalized neighborhoods; WHEREAS, studies have shown that providers systematically offer worse service – slower, delivered over older technology – to low-income communities at a higher price than they offer fast, reliable service to higher-income communities; WHEREAS, digital discrimination exacerbates the challenge of affordability and worsens the digital divide;
WHEREAS, In November 2023, the Federal Communications Commission (FCC) codified rules to prevent digital discrimination, outlining a complaint process whereby members of the public can offer evidence of digital discrimination being committed by Internet service providers (ISPs) and suggesting opportunities for States and localities to take action to prevent and remedy digital discrimination of access;
WHEREAS, the FCC has defined digital discrimination as “Policies or practices, not justified by genuine issues of technical or economic feasibility, that (1) differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or (2) are intended to have such differential impact;” WHEREAS, closing the digital divide and ensuring equitable access to fast, reliable, and affordable internet is necessary for accessing education, health care, and participating in economic opportunities and civic life;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City of Cudahy denounces digital discrimination and commits to addressing the disparate outcomes of provider decisions that impact access to broadband internet based on income level, race, ethnicity, color, religion, or national origin.

SECTION 2. The City of Cudahy urges internet service providers to provide fast, reliable, and affordable internet to all communities regardless of income level, race, ethnicity, color, religion, or national origin.

SECTION 3. The City of Cudahy supports efforts to close the digital divide and Attachment A Page 167 of 176
Resolution No. 24-21

ensure digital equity for all residents.

SECTION 4. The City of Cudahy encourages its residents to report all acts of digital discrimination to the
Federal Communications Commission (FCC), the Public Advocates Office of the California Public Utilities Commission (CPUC), and the LA County District Attorney's Office.

SECTION 5. The City of Cudahy commits to making contact information available to residents for them to be connected to local community-based organizations that can support residents’ documentation of digital discrimination and submit complaints on their behalf to the Federal Communications Commission, and California Public Utilities Commission (CPUC) for consideration, LA County District Attorney, and other venues with jurisdiction.

SECTION 6. The City of Cudahy will partner with local community-based organizations in their efforts to research and analyze issues of digital discrimination in Cudahy as those opportunities arise.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its special meeting on this 11th day of June 2024.
__________________________
Jose R. Gonzalez
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 24-21

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.24-21 was passed and adopted by the City Council of the City of Cudahy at a special meeting held on the 11th day of June 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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06/11/2024 Page 1 of 2

STAFF REPORT
Date: June 11, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration and Discussion Regarding a Resolution Affirming the City of Cudahy’s Support and Solidarity with Pro-Palestinian Student Protestors at Public Colleges and Universities, their Demands for Full Disclosure and Divestment from War and Occupation, and Protection of their First Amendment Rights to Peacefully Assemble

RECOMMENDATION
The City Council is recommended to discuss the possible adoption of Resolution No. 24-22, affirming the City of Cudahy’s Support and Solidarity with Pro-Palestinian Student Protestors at Public Colleges and Universities, their Demands for Full Disclosure and Divestment from War and Occupation, and Protection of their First Amendment Rights to Peacefully Assemble.

BACKGROUND/ANALYSIS
On May 21, 2024, Council Member Dr. Gonzalez requested that a Resolution supporting proPalestinian protests on college campuses be included on the City Council agenda. Both Council Member Dr. Gonzalez and Council Member Lomeli have worked together to bring forward a resolution that expresses the City of Cudahy’s Support and Solidarity with Pro-Palestinian student protestors at public colleges and universities, as well as the demands of student protestors for full disclosure and divestment from war and occupation, as well as protection of the First Amendment right of each student protestor.

CONCLUSION
The City Council is recommended to discuss the possible adoption of Resolution No. 24-22.

Item Number
4F

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Staff Report
06/11/2024 Page 2 of 2

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. Draft Resolution No. 24-22

RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA AFFIRMING THE CITY’S SUPPORT AND

SOLIDARITY WITH PRO-PALESTINIAN STUDENT

PROTESTERS AT PUBLIC COLLEGES AND UNIVERSITIES,

THEIR DEMANDS FOR FULL DISCLOSURE AND DIVESTMENT

FROM WAR AND OCCUPATION, AND PROTECTION OF THEIR
FIRST AMENDMENT RIGHTS TO PEACEFULLY ASSEMBLE.

WHEREAS, historically, students on college campuses have demonstrated and taken collective action by organizing protests against South Africa’s apartheid and the Vietnam War; and
WHEREAS, beginning in early 2024, students on college and university campuses nationwide organized demonstrations including rallies, walk-outs, teach-ins, and encampments, as a form of peaceful pro-Palestinian protest; and WHEREAS, students demands across college and university campuses include, the acknowledgment of the genocide in Gaza, the need for a permanent ceasefire, and the end to the Israeli government occupation; and
WHEREAS, students demand, the end of its , including the repression of proPalestinian studies; an uplifting of Palestinian voices and experiences within students, workers, and the curriculum of the school as a whole; and WHEREAS, students demand full transparency and disclosure of investments made within their college system; and
WHEREAS, students demand divestment from weapons manufacturers and companies that profit from the Israeli government occupation; and WHEREAS, several college and university officials have responded to protests with heavily militarized police force; and
WHEREAS, student protesters have faced physical harm and hospitalization from police related use of force and counter protesters; and WHEREAS, student protesters have experienced intimidation, suspensions, expulsions, and arrests; and
WHEREAS, the First Amendment of the United States Constitution guarantees the right to free speech and to peacefully assemble; and
WHEREAS, public universities and colleges in California are funded by taxpayer dollars; and
WHEREAS, investment in weapons manufacturers and companies that profit from the Israeli government occupation are not a part of the missions of California colleges Attachment A Page 173 of 176
Resolution No. 24-22

and universities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council calls upon all public colleges and universities in California to comply with the demands of Pro-Palestinian student protestors.

SECTION 3. The Cudahy City Council calls upon all public colleges and universities to take a public stance advocating for a permanent ceasefire and an end to the Israeli government occupation.

SECTION 4. The Cudahy City Council calls upon all public colleges and universities in California to divest from weapons manufacturers and companies that profit from Israeli government occupation.

SECTION 5. The Cudahy City Council calls upon public colleges and universities in California to uphold their mission to provide access to excellent education and improve the lives of people in California by divesting from war and occupation.

SECTION 6. The Cudahy City Council supports the protection of the First Amendment rights for all students, including their right to demand disclosure of funds and divestment from war-related investments without fear of punitive actions from colleges and universities.

SECTION 7. The Cudahy City Council calls upon California public college and university officials to refrain from using militarized police forces on students exercising their First Amendment rights.

SECTION 8. The Cudahy City Council opposes any laws, policies, or regulations at the local, state or federal level that would deny student protesters, their right to free speech and to assemble, protected by their first amendment right., SECTION 9. The Cudahy City Council opposes any laws, policies, or regulations at the local, state, or federal level that would deny access to federal, state and local financial aid, grants, and scholarships, including denial of college and university degrees.

The Cudahy City Council directs staff to send a copy of this Resolution to California's elected leaders in the State Senate and Assembly, the University of California Board of Regents, the University of California Chancellors, the California State University Board

Resolution No. 24-22

of Trustees, and the Board of Governors of the California Community Colleges, urging them to comply with the Pro-Palestinian student protestors’ demands and support divestment from weaponsmanufacturers and institutions that support Israeli government occupation, call on them to uphold their mission and ensure that no publicly funded educational institution benefit from war. That they are charged in protecting the first amendment right of students to peacefully protest and must refrain from punishing students exercising this right.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its special meeting on this 11th day of June 2024.
__________________________
Jose R. Gonzalez
Mayor
ATTEST:

Richard Iglesias
City Clerk

Resolution No. 24-22

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No.24-22 was passed and adopted by the City Council of the City of Cudahy at a special meeting held on the 11th day of June 2024, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Richard Iglesias
City Clerk