AGENDA
A REGULAR MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, March 4, 2025 – 6:30 P.M.
Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Elizabeth Alcantar Loza, Mayor
Cynthia Gonzalez, Vice Mayor
Martin U. Fuentes, Council Member
Amanda Gomez, 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: 879 7309 6839
https://us06web.zoom.us/j/87973096839
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 4, 2025, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gomez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Gonzalez
Mayor / Chair Alcantar Loza
3. APPROVAL OF AGENDA
4. PLEDGE OF ALLEGIANCE
5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
6. PRESENTATIONS
A. Recognition for Collaborating in the March 1st, 2025, Cudahy Book Fair.
B. Update from California Polytechnic University on the City's Climate Action Plan C. Proclamation - Women's History Month
D. City Clerk’s Office Annual Update
7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 4, 2025, at 6:30 P.M.
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.
12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of February 18, 2025, for the Regular Meeting and the Draft Minutes of February 24, 2025, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7)
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 18, 2025, and February 24, 2025.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 4, 2025, at 6:30 P.M.
13. PUBLIC HEARING
*The Public Hearing scheduled to Introduce Ordinance No. 759 by first reading to consider and possibly take action on the following matters: 1) Repeal of Ordinance No. 697; and 2) Termination of related DA No. 18-011C has been re-noticed and will be rescheduled to March 18, 2025.
14. BUSINESS SESSION
A. Authorization for the Mayor to Sign Letter on Due Process Protections for Undocumented Immigrants (page 23)
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to authorize the Mayor to sign the attached letter and transmit it to Congressman Robert Garcia and California State Attorney General Rob Bonta, advocating for due process protections for undocumented immigrants.
B. General NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation (page 27)
Presented by the Administrative Analyst
Recommendation: The City Council is requested to approve a Professional Services Agreement (PSA) with Willdan Engineering for General National Pollutant Discharge Elimination System (NPDES) Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation in an amount not-to-exceed $35,000.
15. COUNCIL DISCUSSION - NONE
16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – One Matter
17. CLOSED SESSION ANNOUNCEMENT
18. ADJOURNMENT
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
March 4, 2025, at 6:30 P.M.
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.
Dated this 27th day of February 2025
Richard Iglesias
City Clerk
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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
03/04/2025 Page 1 of 2
STAFF REPORT
Date: March 4, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of February 18, 2025, for the Regular Meeting and the Draft Minutes of February 24, 2025, for the Special Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 18, 2025, and February 24, 2025.
BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.
Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.
Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.
Item Number
12A
“Serving the People” "Sirviendo A La Comunidad"
Staff Report
03/04/2025 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.
The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.
City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.
CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of February 18, 2025, and February 24, 2025.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
No Financial Impact.
ATTACHMENT
A. February 18, 2025, Draft Minutes
B. February 24, 2025, Draft Minutes
C. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.
City Council/Successor Agency Minutes of 2/18/2025 Page 1 of 9
MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
February 18, 2025, 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:33 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Amanda Gomez
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
Mayor / Chair Elizabeth Alcantar Loza
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, Assistant City Manager/Community Development Director, Juan Arauz, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Public Works Director, Raul Diaz, Assistant to the City Manager, John Peraza, Executive Assistant to the City Manager, Janet Andrade, Senior Planner, Cecilia MadrigalGonzalez, Associate Planner, Kassandra Cornejo, Community Preservation Manager, Raul Mazariegos., and Housing Specialist, Lorena Cardenas.
3. APPROVAL OF AGENDA
Motion: Council Member Lomelí motioned to approve the agenda as is, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
Attachment A Page 9 of 55
City Council/Successor Agency Minutes of 2/18/2025 Page 2 of 9
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.
5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
6. PRESENTATIONS
A. Community Development Annual Update
B. City of Cudahy’s Spring Events
C. Proclamation – World Day of Social Justice
7. PUBLIC COMMENTS
PUBLIC COMMENT RECEIVED VIA EMAIL
Edwin Gonzalez Good evening to all of you, I hope very much that you find yourself in good spirits. I can honestly say that the past several years have been a true paradox for me. As an active member of civic affairs in most of the cities located in Southeast Los Angeles, I’ve had truly graceful moments of collaboration, dialogue, brotherhood, support, and other wonderful moments. But at times, this journey has also suffocated the life out of me. The malignant forces that stalk our streets in recent times has turned this urban enclave into a killing ground. Cudahy has gotten substantial news coverage during this difficult era, as a string of homicides have devastated this humble community, and has it’s neighboring cities on alert;because these atrocities affect them as well. This unfortunately has created the perception that this city, is everything a city should not be;the frequent shootings-the graffiti-the vagrancy. I suppose that this council has thought endlessly on the type of activities the youth engage in. That’s imperative, because gangs from my perspective, become bolder when they recruit people to join a click. As long as they replenish their ranks; their gonna be putting in work: as they say. Living adjacent to the L.A. river in Bell, California my upbringing wasn't exactly a utopian middle class paradise that I often envision. It was a dysfunctional family life: and the neighborhood could be violent; assassinations:which have also made their way into the press. I empathize with the crisis in Cudahy, because i”ve been in their shoes and will continue to live in a predicament. Recently, I’ve seen a lot Cudahy 13 graffiti, then you got South Side KAM claiming turf, and a lot of hardcore gang members will let rivals know; that South Side 18th street will not relinquish their territory, especially within Cudahy. How do we as a society strengthen the social fabric of our communities and families? As they
City Council/Successor Agency Minutes of 2/18/2025 Page 3 of 9 stuggle with poverty, violence, and other destructive forces. I believe the central issue here is the social and economic disintegration of our communities. Honestly, I don’t buy into the rhetoric that the politicians have to offer. I think their part of the problem, and not the solution. But I do wish you all the best. Gracias y que Dios los bendiga a todos.
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes announced Lugo Park is closed for renovations, shared his absence at last Council meeting due to his participation with Gateway Council of Governments in Sacramento, and shared his participation at the Wing it with the City Manager event.
Council Member Gomez commended staff with the outreach events.
Council Member Lomelí thanked staff, shared on the Wing it with the City Manager event and her connection with a mom regarding youth programs and how to support with fees with those with multiple youths, thanked and praised the Cudahy library, asked to look into the library MOU, shared her support of the students walkout, requested proclamation sharing support for youth and raise awareness and requested another proclamation for women history month since there is a 4/5 women council, and shared mailer sent on behalf of herself and Council member Gomez.
Vice Mayor Gonzalez announced SELA send off on Saturday May 31st at City of Lynwood, asked to reach out to Karla Salazar with Scholar Match, spoke on the immigration flyers at the business and asked the same be done for the City’s initiatives, shared East Los Angeles College (ELAC) resources and how to coordinate with them, and gave a shoutout to Epic Wings for their wings.
Mayor Alcantar Loza added to Vice Mayor Gonzalez’s comment on Epic Wings, spoke on student walkout and the idea of how it started, mentioned she met with Karla Griego from LAUSD to support the youth and ideas around public safety, Elizabeth Learning Center (ELC) and staff working together for a know your rights workshop, announced federal funding cuts, and shared how Cudahy recently lost funding.
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Vice Mayor Gonzalez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza
City Council/Successor Agency Minutes of 2/18/2025 Page 4 of 9 NOES: None
ABSENT: None
ABSTAIN: None
12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of February 4, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for February 4, 2025.
B. Approval of the Local Agency Investment Fund (LAIF) for the Month of January 2025 Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of January 2025 in the amount of $11,289,418.46.
C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of January 2025
Presented by the Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $1,721,266.39 including the Statement of Investments for the month of January 2025.
Motion: Vice Mayor Gonzalez motioned to approve the Consent Calendar items, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
13. PUBLIC HEARING
A. Public Hearing to Consider and Adopt Resolution No. 25-06 Approving the Permanent Local Housing Allocation (“PLHA”) Program Activities and Funding for Year 5 Presented by the Housing Specialist
City Council/Successor Agency Minutes of 2/18/2025 Page 5 of 9 Recommendation: The City Council is requested to take the following action(s): Open the public hearing, receive testimony and presentation from City staff; and Adopt Resolution No. 25-06, approving two (2) program activities for Year 5 of the PLHA Program for Rental Assistance and Emergency Shelter Beds Program at the Salvation Army (TSA) Bell Shelter; and Authorize City Manager to execute all any and all documents, including reimbursable contract with the Los Angeles County Development Authority (“LACDA”) to participate in the Los Angeles Urban County PLHA Program on behalf of the City of Cudahy.
At 7:32 p.m. Mayor Alcantar Loza opened public comment, there being none, closed public comment.
Motion: Vice Mayor Gonzalez motioned to adopt Resolution No. 25-06, approving two (2) program activities for Year 5 of the PLHA Program for Rental Assistance and Emergency Shelter Beds Program at the Salvation Army (TSA) Bell Shelter; and Authorize City Manager to execute all any and all documents, including reimbursable contract with the Los Angeles County Development Authority (“LACDA”) to participate in the Los Angeles Urban County PLHA Program on behalf of the City of Cudahy, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
14. BUSINESS SESSION
A. Presentation by Inner City Visions
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to receive and file the presentation by Inner City Visions (ICV) and to provide staff with further direction, if needed, regarding a proposed partnership to support a California Violence Intervention and Prevention (CalVIP) grant application.
Motion: Vice Mayor Gonzalez motioned to receive and file the presentation by Inner City Visions (ICV) and regarding a proposed partnership to support a California Violence Intervention and Prevention (CalVIP) grant application, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
City Council/Successor Agency Minutes of 2/18/2025 Page 6 of 9 B. Adoption of Resolution No. 25-07 Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Cudahy, California and the Cudahy Chamber of Commerce
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to adopt Resolution No. 25-07 Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Cudahy, California and the Cudahy Chamber of Commerce.
Motion: Council Member Fuentes motioned to adopt Resolution No. 25-07 Authorizing the City Manager to execute the Memorandum of Understanding (MOU) between the City of Cudahy, California and the Cudahy Chamber of Commerce, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
C. Receive an Update on the Conclusion of the 90-Day Negotiation Period Regarding Successor Agency Site #6 located at 7638 – 7660 Atlantic Avenue and 7613 – 7619 Clara Street (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022-910, and 6226-022-911 Presented by the Associate Planner
Recommendation: Staff recommends that the City Council of the City of Cudahy (the “City”): hear a presentation from City staff on the conclusion of the 90-day negotiation period regarding Successor Agency Site #6 located at 7638 – 7660 Atlantic Avenue and 7613 – 7619 Clara Street (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226- 022-907, 6226-022-908, 6226-022-909, 6226-022-910, and 6226-022-911); and receive and file the presentation and report.
Motion: Council Member Fuentes motioned to hear a presentation from City staff on the conclusion of the 90-day negotiation period regarding Successor Agency Site #6 located at 7638 – 7660 Atlantic Avenue and 7613 – 7619 Clara Street (APNs: 6226-022-904, 6226-022-905, 6226-022-906, 6226-022-907, 6226-022-908, 6226-022-909, 6226-022- 910, and 6226-022-911); and receive and file the presentation and report, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
City Council/Successor Agency Minutes of 2/18/2025 Page 7 of 9 D. Approval of Professional Services Agreement for Compensation Update Study Presented by the Finance Director
Recommendation: The City Council is requested to award a Professional Services Agreement (PSA) to MGT Impact Solutions, LLC (“MGT”) to conduct a Compensation Update Study in the amount of $45,258.
Motion: Council Member Fuentes motioned to award a Professional Services Agreement (PSA) to MGT Impact Solutions, LLC (“MGT”) to conduct a Compensation Update Study in the amount of $45,258, seconded by Council Member Gomez. Motion passed 4-0-1 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
E. Adoption of the City’s Shelter Management Plan
Presented by the Assistant to the City Manager
Recommendation: The City Council is requested to adopt the City of Cudahy’s Shelter Management Plan.
Motion: Council Member Lomelí motioned to adopt the City of Cudahy’s Shelter Management Plan, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
F. Consideration to Appoint Alejandro Esquivel to the Planning Commission Presented by the City Clerk
Recommendation: The City Council is recommended to appoint Alejandro Esquivel to the Planning Commission, Council Member Gomez’s appointment.
Motion: Council Member Gomez motioned to appoint Alejandro Esquivel to the Planning Commission, Council Member Gomez’s appointment, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:
City Council/Successor Agency Minutes of 2/18/2025 Page 8 of 9 AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
G. Discussion and Direction Regarding Adoption of Resolution No. 25-08 Authorizing an Agreement with Liebert Cassidy Whitmore for Legal Services Presented by the City Attorney
Recommendation: The City Council is requested to discuss and provide direction regarding adoption of Resolution No. 25-08 authorizing an agreement with Liebert Cassidy Whitmore for legal services.
Motion: Vice Mayor Gonzalez motioned to adopt Resolution No. 25-08 authorizing an agreement with Liebert Cassidy Whitmore for legal services, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:
AYES: Fuentes, Gomez, Lomelí, Gonzalez, and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
15. COUNCIL DISCUSSION – NONE
At 8:28 p.m., City Attorney, Stephanie Arechiga recessed to closed session.
16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation
Title of Employee: City Manager
Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator
City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee: City Manager
B. Closed Session Pursuant to Government Code Section 54956.96 - Conference Involving Joint Powers Agency Hub Cities Consortium
Discussion will concern: Closed Session Pursuant to Government Code §§ 54956.9(d)(2) and 54956.9(e)(1) – Anticipated Litigation – Conference with Legal Counsel – “Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not
City Council/Successor Agency Minutes of 2/18/2025 Page 9 of 9 yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.” One (1) matter.
Name of local agency representative on joint powers agency board:
City of Cudahy, Mayor Elizabeth Alcantar Loza.
At 10:57 p.m., Mayor Alcantar Loza reconvened to open session.
17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that five council members were present, and no further reportable action at this time.
18. ADJOURNMENT
The City Council / Agency meeting adjourned at 10:58 p.m.
Elizabeth Alcantar Loza
Mayor
ATTEST:
Richard Iglesias
City Clerk
City Council/Successor Agency Minutes of 2/24/2025 Page 1 of 2
MINUTES
CUDAHY CITY COUNCIL SPECIAL MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and
HOUSING SUCCESSOR AGENCY TO THE CUDAHY
DEVELOPMENT COMMISSION JOINT MEETING
February 24, 2025, 6:30 P.M.
1. CALL TO ORDER
Mayor / Chair Alcantar Loza called the meeting to order at 6:30 p.m.
2. ROLL CALL
PRESENT: Council / Agency Member Amanda Gomez
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
Mayor / Chair Elizabeth Alcantar Loza
ABSENT: Council / Agency Member Martin Fuentes
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga (via Zoom), City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Finance Director, Joshua Calhoun, Administrative Services Director, Brenda Rodriguez, and Executive Assistant to the City Manager, Janet Andrade.
3. PUBLIC COMMENTS – NONE
4. BUSINESS SESSION
A. Consideration and Approval of a Resolution Approving a Loan Agreement with Hub Cities Consortium for Financial Assistance
Presented by the City Attorney
Recommendation: The City Council is requested to adopt Resolution No. 25-09, approving a Loan Agreement with Hub Cities Consortium for Financial Assistance.
Motion: Council Member Lomelí motioned to adopt Resolution No. 25-09, approving a Loan Agreement with Hub Cities Consortium for Financial Assistance., seconded by Vice Mayor Gonzalez. Motion passed 4-0-1 by the following roll call vote:
Attachment B Page 18 of 55
City Council/Successor Agency Minutes of 2/24/2025 Page 2 of 2 AYES: Gomez, Lomelí, Gonzalez, and Alcantar Loza
NOES: None
ABSENT: Fuentes
ABSTAIN: None
6. ADJOURNMENT
The City Council / Agency meeting adjourned at 6:35 p.m.
Elizabeth Alcantar Loza
Mayor
ATTEST:
Richard Iglesias
City Clerk
Attachment
C
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
03/4/2025
STAFF REPORT
Date: March 4, 2025
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: Authorization for the Mayor to Sign Letter on Due Process Protections for Undocumented Immigrants
RECOMMENDATION
The City Council is requested to authorize the Mayor to sign the attached letter and transmit it to Congressman Robert Garcia and California State Attorney General Rob Bonta, advocating for due process protections for undocumented immigrants.
BACKGROUND
On February 4, 2025, the City Council directed staff to draft a letter advocating for due process protections for undocumented immigrants to be sent to Congressman Robert Garcia and California State Attorney General Rob Bonta. The Council also requested that the letter include the following key demands:
• The protection of due process rights for all individuals. • Opposition to legislation that seeks to limit due process protections. • Full transparency and accurate reporting on ICE detentions. • Opposition to the transfer of immigrants to Guantanamo Bay, which would set a dangerous precedent.
ANALYSIS
This letter highlights the need for due process protections and transparency in immigration enforcement. It aligns with the City’s commitment to fairness and ensures our concerns are communicated to state and federal representatives
Item Number
14A
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Staff Report
03/4/2025
CONCLUSION
If approved, the Mayor will sign and transmit the letter. The City will transmit the letter to Congressman Robert Garcia and Attorney General Rob Bonta.
STRATEGIC PLAN CORRELATION
Goal F. Communication and Outreach
7. Foster relationship building, wellness, and pride among residents, local businesses, schools, and city hall team
FINANCIAL IMPACT
There will be no current impact on the City’s General Fund.
ATTACHMENTS
A. Draft Letter – Urgent Call for Due Process Protections for Undocumented Immigrants
Page | 1
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar Loza
Vice Mayor
Cynthia Gonzalez, Ed.D
Councilmember
Martin U. Fuentes
Councilmember
Amanda Gomez
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
Congressman Robert Garcia Attorney General Rob Bonta
109 Cannon House Office Building 300 South Spring Street Washington, District of Columbia 20515 Los Angeles, CA 90013-1230 March 4, 2025
Subject: Urgent Call for Due Process Protections for Undocumented Immigrants Dear Congressman Garcia and Attorney General Bonta,
On behalf of the City of Cudahy, we write to express our deep concern regarding any potential attempts to remove due process protections for undocumented immigrants. As a community that values justice, fairness, and transparency, we want to elevate this critical issue to raise awareness and engage in action.
We are concerned with the lack of transparency and accuracy of data as it relates to individuals detained by ICE. This lack of transparency intentionally leads to misinformation and makes the immigrant community susceptible to potential abuse and denial of constitutional rights.
It is imperative that our federal and state representatives demand:
1. Due process protections for all individuals to ensure that their constitutional rights are upheld.
2. Opposition to any attempt to bring forward legislation that seeks to limit Due Process rights.
3. Full transparency and accurate reporting on who is being detained and the justification for their detention and create public channels of communication.
4. Firm opposition to the transfer of immigrants to Guantanamo Bay, a measure that would violate fundamental human rights and set a dangerous precedent.
We call on you to work with your colleagues at both the state and federal levels to take a united stance against these unjust practices and to provide all California residents with transparent and accurate detention data. The City of Cudahy remains committed to advocating for policies that reflect our community’s values of inclusivity and fairness. We appreciate your leadership and look forward to your response on this urgent matter.
Sincerely,
Elizabeth Alcantar Loza, Mayor (alternatively: all members of the City Council) Attachment A Page 25 of 55
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STAFF REPORT
Date: March 4, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Daniela Trujillo, Administrative Analyst
Subject: General NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation
RECOMMENDATION
The City Council is requested to approve a Professional Services Agreement (PSA) with Willdan Engineering for General National Pollutant Discharge Elimination System (NPDES) Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation in an amount not-to-exceed $35,000.
BACKGROUND
On February 4, 2025, the City received Willdan Engineering’s proposal for NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation.
ANALYSIS
Willdan’s services cover a comprehensive range of stormwater management and compliance areas required under the MS4 Permit. Their involvement spans enforcement, public outreach, facility inspections, reporting, and participation in regional coordination efforts. This support will be instrumental in ensuring the City remains in compliance with stormwater regulations and continues to improve its management of water quality issues.
As a Permittee of the Los Angeles Regional Phase I MS4 NPDES Permit, the City is required to implement various stormwater related programs and measures to comply with water quality standards and regulations. The Permit also requires that the City submit an Annual Report and Semi-Annual Report to the Los Angeles Regional Water Quality Control Board annually on December 15th and June 15th. These report on the city’s efforts to meet compliance with the Item Number
14B
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NPDES Permit and summarize LID, new/redevelopment projects, and regional project progress.
The Semi-Annual Report covers progress for the period of July 1st - December 31st of the reporting year and the Annual Report covers the entire fiscal year, July 1st – June 30th.
The City also receives funding from the Safe, Clean Water Program (SCWP) - Municipal Program, administered by the LA County Flood Control District (LACFCD). Through this program, Measure W revenue is distributed proportionally, based on impervious area, to each municipality in Los Angeles County. The City may utilize the revenue to fund various new and existing stormwaterrelated projects and programs.
There are various requirements the City must recognize and adhere to for proper distribution and use of funds, including, but not limited to, submittal of an Annual Plan which details the use of funds for the upcoming fiscal year, due April 1st of each year, submittal of an Annual Report on the utilization of the funds in the previous fiscal year, due December 31st of each year, every three years, obtain an independent audit that verifies compliance with the terms and conditions of the Municipal Transfer Agreement and additional requirements outlined on the Transfer Agreement. Additionally, the first Transfer Agreement covering the first three years of the Municipal Program has expired, and a new Transfer Agreement is required to allow the transfer of funds to the City from LACFCD.
This Professional Services Agreement will be effective through June 30, 2025 and may be extended for one (1) one-year period.
CONCLUSION
The City recommends awarding a Professional Services Agreement to Willdan Engineering for NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation in an amount not-to-exceed $35,000.
STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery), Objective:
1. Ensure high-quality infrastructure to continue connectivity throughout the community.
FINANCIAL IMPACT
The cost to perform this service shall not exceed $35,000 and will be funded through Measure W.
ATTACHMENTS
A. Draft Professional Services Agreement by and between the City of Cudahy and Willdan
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03/4/2025 Page 3 of 3
Engineering.
B. Willdan Engineering Proposal.
1 2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: General NPDES Compliance Services and Los Angeles River - Upper Reach 2 Watershed Management Group Representation)
(Parties: Willdan Engineering and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and WILLDAN ENGINEERING (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires assistance in its compliance with all National Pollutant Discharge Elimination Systems (NPDES) program and to represent its interest in the Los Angeles River Upper Reach 2 Watershed Management Group; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the Cudahy City Council at its Regular Meeting of ____________________, 20XX, under Agenda Item No. ______.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2025 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term may be extended for one (1) one-year period at the option of the CITY, provided that CITY provides 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.
Attachment A Page 30 of 55
2 1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “General NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation” dated February 4, 2025 (hereinafter, the “CONSULTANT Proposal”) which is attached and incorporated hereto as Exhibit “A”.
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 “Services.”
1.3 PROSECUTION OF SERVICES:
A. Time is of the essence for this Agreement and each and every provision contained herein. The Services shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). CONSULTANT shall complete the various tasks identified in the Scope of Services within the timeframes set forth in the Scope of Services and shall complete all of the Services by or before June 30, 2025 (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Services in accordance with the “City of Cudahy, NPDES & TMDP Program Management Budget Projects” which is attached and incorporated hereto as Exhibit “B” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of THIRTY-FIVE THOUSAND
3 DOLLARS ($35,000) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Services are completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Services 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.
4 II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Raul Diaz, Public Works Director (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Adel M.
Freij, Director of Engineering, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government
5 Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of
6 CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services 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 Services 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 Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.8 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
7 Department of Housing and Urbanization.
2.9 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before commencing the Services, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
8 C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Services contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish
9 CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
10 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or
11 remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may
12 submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of 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; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
13 CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in
14 this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
15 6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CITY: CONTRACTOR:
City of Cudahy
Public Works Department
Attn: Raul Diaz
Cudahy City Hall
5220 Santa Ana Street
Cudahy, CA 90201
Willdan Engineering
Attn: Adel M. Freij
13191 Crossroads Parkway North,
Suite 405, Industry, CA 91746-3443
Phone: (818) 383-3092
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent 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 will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
16 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, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
17 6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 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.
18 6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
19 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:_______________________
WILLDAN ENGINEERING:
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By: _____
Stephanie Arechiga
City Attorney
Date:____________________________
20 EXHIBIT “A”
CONSULTANT PROPOSAL
21 EXHIBIT “B”
COMPENSATION RATE
February 4, 2025
Mr. Raul Diaz
Public Works Director/Building Official
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Subject: General NPDES Compliance Services and Los Angeles River - Upper Reach 2 Watershed Management Group Representation
Dear Mr. Diaz:
Willdan Engineering (Willdan) is pleased to submit this task order request to assist the City in its compliance with all National Pollutant Discharge Elimination System (NPDES) programs and to represent its interest in the Los Angeles River – Upper Reach 2 Watershed Management Group (Group).
The following is how we see our involvement for the remainder of Fiscal Year 2024-25:
SCOPE OF SERVICES
1. MS4 Permit Compliance – Pursuant to Order No. R4-2021-0105, NPDES Permit No. CAS004004 adopted by the Los Angeles Regional Water Quality Control Board (Regional Board), Willdan shall provide services at the specific request of the City. This may include, but not limited to, assistance with discharge prohibitions, effluent and receiving water limitations, monitoring and reporting program requirements, and Storm Water Management Program Minimum Control Measure requirements of Part VIII as detailed in the following:
a. Progressive Enforcement Policy – Assist City Code Enforcement and Regional Board with the investigation and enforcement of noncompliant facilities and maintenance of records to bring facilities into compliance within a given time period;
b. Public Information and Public Participation Program - Develop residential outreach information and assist with the development and maintenance of the City’s stormwater website;
c. Industrial and Commercial Facilities Program – Inspection and tracking of industrial and commercial facilities as determined necessary, including distribution of educational materials to facilities that are potential sources of Attachment B Page 51 of 55
City of Cudahy
February 4, 2025
pollution, and insurance of effective implementation of Best Management Practices (BMPs);
d. Construction Program – Provide guidance on inspection of construction activities, including enforcement of construction BMPs, Erosion and Sediment Control Plan maintenance, plan check review, and assist with program tracking database. Provide Construction Program training for municipal staff and contractors to improve awareness of and compliance with stormwater pollution BMPs;
e. Public Agency Activities – Provide guidance on inspection of City-owned facilities to ensure potential pollutant sources are effectively managed, prevention of non-storm water discharges, site-specific BMPs, and routine preventive maintenance of the MS4;
f. Illicit Discharge Detection and Elimination (IDDE) Program – Assist with the investigation and documentation of reported and observed illicit discharges.
Assist with follow-up inspections as necessary. Provide IDDE training for municipal staff and contractors who may come into contact with or observe an illicit discharge as part of routine duties;
g. NPDES Annual and Semi-Annual Reporting – Gather necessary information from City staff for preparation and submittal of past due Annual Report. Assist with development of the Semi-Annual Report; and h. Safe Clean Water Program, Measure W – Gather necessary information from City staff for preparation and submittal of past due Municipal Program Annual Report and Municipal Program Transfer Agreement. Assist with development of the Municipal Program Annual Plan.
2. Representation in the Group – Willdan will represent the interests of the City in the Group, which includes the following:
a. Work conducted in accordance with the Coordinated Integrated Monitoring Program (CIMP) implementation Memorandum of Understanding (MOU). b. The development and implementation of city-specific monitoring programs.
For assurance of appropriate responsibility and cost-allocation of the City’s ongoing CIMP participation with the Group, it may be necessary to consider additional monitoring. Should this need arise, Willdan shall provide recommendations for the City to consider.
City of Cudahy
February 4, 2025
c. Regular attendance of the Los Angeles River – Upper Reach 2 Group Meetings and summary of key items.
3. General Assistance – As needed, Willdan will provide assistance with any program relating to water quality and stormwater management derived from the Federal Environmental Protection Agency, State Water Resources Control Board, Los Angeles Regional Water Quality Control Board, or County of Los Angeles.
COMPENSATION
Based on our experience with the NPDES program, and knowledge of the City, we have prepared a budget for the City for the remainder of Fiscal Year 2024-25, included herein as Exhibit A. This budget is an estimate of known NPDES related costs, including those associated with the January 15, 2018 Sub-Recipient Agreement entered into with neighboring cities and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority. Willdan shall perform the above-mentioned Scope of Services, not-to-exceed $35,000, on a time-and-materials fee based on hourly rates, included herein as Exhibit B.
Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by e-mail.
Thank you for giving us the opportunity to assist the City of Cudahy. If you have any questions, please contact Ms. Kelsey Reed at (818) 383-3092.
Respectfully submitted, Approved and Authorized to proceed by:
WILLDAN ENGINEERING CITY OF CUDAHY
Adel M. Freij, PE ________________________________
Director - Engineering Signature
________________________________
Date
Enclosure
910005/WW.00.30/P25-042_27096
City of Cudahy
February 4, 2025
EXHIBIT A
City of Cudahy
February 4, 2025