11.0 Compliance. Collector is in compliance with the terms and conditions of the Agreement as of the effective date of this Second Amendment.
12.0 No Other Agreements. Except as expressly provided herein, there are no other or further amendments or other Collector or City agreements or conditions as a prerequisite to approval and implementation of this Second Amendment.
13.0 SB 1383. This Second Amendment does not include programs or requirements regarding SB 1383 or regulations to be promulgated thereunder.
14.0 Proposition 218. If after the effective date of this Second Amendment, City and Collector determine that a proposed rate adjustment which has not been previously approved by City is subject to the notice and hearing requirements of Proposition 218, then Contractor shall timely prepare the required notices, and shall be responsible for the costs of printing and mailing the required notices to comply with the notice and hearing requirements of Proposition 218. Contractor and City shall each bear their own attorneys' fees and costs, including staff costs, incurred in connection with the preparation of the required notices and the conduct of hearings.
15.0 Terms and Conditions. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to be effective as of the date first written above.
Exhibits:
A Current City Approved Rates and Adjusted Rates
Date: ____ 2020
ATTEST:
APPROVED AS TO FORM:
£ ·/fib
Victor Ponto
Olivarez Madruga Lemieux O'Neill, LLP
City Attorney
Date: 2020 ----
CITY OF CUDAHY, A California Municipal
Corporatio ,
I · (
~ 1
cc / /v
CONSOLIDATED DISPOSAL SERVICE,
LLC, a Delaware Limited Liability Company
"---{d~~ Shannon Clark
General Manager
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services Commercial
Rates as of July 1,
2020
Commercial Permanent Bin Service
Service Type
1 Yard 1x/wk $107.74
1 Yard 2x/wk $165.96
1 Yard 3x/wk $224.17
1 Yard 4x/wk $282.39
1 Yard 5x/wk $340.62
1 Yard 6x/wk $398.83
2 Yard 1x/wk $177.49
2 Yard 2x/wk $289.84
2 Yard 3x/wk $401.90
2 Yard 4x/wk $513.22
2 Yard 5x/wk $625.72
2 Yard 6x/wk $736.57
3 Yard 1x/wk $212.84
3 Yard 2x/wk $324.60
3 Yard 3x/wk $436.42
3 Yard 4x/wk $548.20
3 Yard 5x/wk $660.05
3 Yard 6x/wk $771.79
4 Yard 1x/wk $242.01
4 Yard 2x/wk $375.08
4 Yard 3x/wk $508.19
4 Yard 4x/wk $641.27
4 Yard 5x/wk $774.32
4 Yard 6x/wk $907.44
Extra Pick Up $58.33
Proposed rates for AB
341 and AB 1826
programs
Commercial
9.09%
$117.53
$181.05
$316.19
$438.43
$559.87
$682.60
$803.52
$244.55
$308.06
$371.58
$435.08
$193.62
$264.01
$409.17
$554.38
$699.56
$844.71
$232.19
$354.11
$476.09
$598.03
$720.05
$841.95
$989.93
$63.63
1 '<R~ REPUBLIC' ~~ SERVICES
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services Lock Lids $7.53
Scout/Push Out on commercial bins, per bin per
month $27.43
Over the top / Extra Yards $39.51
Commercial Recycling Perm/Multi-Fam
96 Gallon 1x/wk - First cart no charge for AB 341
businesses and multi family dwellings n/a
96 Gallon 1x/wk - Additional cart n/a
96 Gallon 2x/wk - Additional cart n/a
2 Yard 1x/wk n/a
2 Yard 2x/wk n/a
3 Yard 1x/wk n/a
3 Yard 2x/wk n/a
Contaminated Extra Lift Fee - Applies after 1st
courtesy warning, per occurrence n/a
Scout/Push Out on 96 gal carts - Per cart per week
charge n/a
Scout/Push Out on commercial bins - Per bin per
month $27.43
Commercial Food Waste (Perm)
64 Gallon 2x/wk - First Food Waste cart, 2 x/wk pick
up no charge for AB 1826 businesses n/a
64 Gallon 1x/wk - Additional cart n/a
64 Gallon 2x/wk - Additional cart n/a
2 Yard 1x/wk n/a
2 Yard 2x/wk n/a
$8.21
$43.10
$29.92
$0.00
$52.49
$80.84
$180.12
$180.12
$294.14
$215.99
$294.14
$0.00
$34.99
$53.90
$329.42
$50.00
$15.00
$29.92
2 '<R~ REPUBLIC' ~~ SERVICES
I
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services Contaminated Extra Lift Fee - Applies after 1st
courtesy warning, per occurrence n/a
Scout/Push Out on 64 gal carts - Per cart per week
charge n/a
Scout/Push Out on commercial bins - Per bin per
month $27.43
Commercial Multi-Family Unit
2YD/MFU 3 1x/wk $111.16
2YD/MFU 3 2x/wk $223.51
2YD/MFU 3 3x/wk $335.57
2YD/MFU 3 4x/wk $446.89
2YD/MFU 3 5x/wk $559.39
2YD/MFU 3 6x/wk $670.24
2YD/MFU 4 1x/wk $89.05
2YD/MFU 4 2x/wk $201.40
2YD/MFU 4 3x/wk $313.46
2YD/MFU 4 4x/wk $424.78
2YD/MFU 4 5x/wk $537.28
2YD/MFU 4 6x/wk $648.13
2YD/MFU 5 1x/wk $66.94
2YD/MFU 5 2x/wk $179.29
2YD/MFU 5 3x/wk $291.35
2YD/MFU 5 4x/wk $402.67
2YD/MFU 5 5x/wk $515.17
2YD/MFU 5 6x/wk $626.02
3YD/MFU 3 1x/wk $146.51
3YD/MFU 3 2x/wk $258.27
3YD/MFU 3 3x/wk $370.09
3YD/MFU 3 4x/wk $481.87
$616.27
$737.19
$105.18
$227.75
$349.99
$50.00
$29.92
$127.29
$249.86
$372.10
$493.54
$15.00
Commercial Multi-Family
$205.64
$327.88
$449.32
$572.05
$692.97
$471.43
$594.16
$715.08
$83.07
$165.86
$287.78
$409.76
$531.70
3 '<R~ REPUBLIC' ~~ SERVICES
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services 3YD/MFU 3 5x/wk $593.72
3YD/MFU 3 6x/wk $705.46
3YD/MFU 4 1x/wk $124.40
3YD/MFU 4 2x/wk $236.16
3YD/MFU 4 3x/wk $347.98
3YD/MFU 4 4x/wk $459.76
3YD/MFU 4 5x/wk $571.61
3YD/MFU 4 6x/wk $683.35
3YD/MFU 5 1x/wk $102.29
3YD/MFU 5 2x/wk $214.05
3YD/MFU 5 3x/wk $325.87
3YD/MFU 5 4x/wk $437.65
3YD/MFU 5 5x/wk $549.50
3YD/MFU 5 6x/wk $661.24
3YD/MFU 6 1x/wk $80.18
3YD/MFU 6 2x/wk $191.94
3YD/MFU 6 3x/wk $303.76
3YD/MFU 6 4x/wk $415.54
3YD/MFU 6 5x/wk $527.39
3YD/MFU 6 6x/wk $639.13
Extra Pick Up $58.33
Lock Lids $7.53
Scout/Push Out on commercial bins - Per bin per
month $27.43
Commercial Recycling Perm/Multi-Fam
96 Gallon 1x/wk - First cart no charge for AB 341
businesses and multi family dwellings n/a
96 Gallon 1x/wk - Additional cart n/a
96 Gallon 2x/wk - Additional cart n/a
$653.72
$775.62
$587.39
$709.29
$487.48
$365.54
$143.75
$265.67
$387.65
$753.51
$121.64
$243.56
$509.59
$631.61
$8.21
$609.50
$731.40
$99.53
$221.45
$343.43
$63.63
$465.37
$29.92
$0.00
$80.84
$52.49
4 '<R~ REPUBLIC' ~~ SERVICES
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services 2 Yard 1x/wk n/a
2 Yard 2x/wk n/a
3 Yard 1x/wk n/a
3 Yard 2x/wk n/a
Contaminated Extra Lift Fee - Applies after 1st
courtesy warning, per occurrence n/a
Scout/Push Out on 96 gal carts - Per cart per week
charge n/a
Scout/Push Out on commercial bins - Per bin per
month $27.43
Green Waste (Multi-Family Only)
96 Gallon 1x/wk - First Green Waste cart no charge
for AB 1826 Multi Family Dwellings n/a
96 Gallon 1x/wk - Additional cart n/a
Contaminated Extra Lift Fee - Applies after 1st
courtesy warning, per occurrence n/a
Scout/Push Out on 96 gal carts - Per cart per week
charge n/a
Temp or COD
3 Yard Del/Removal w/ Dump $192.62
3 Yard Extra Dump C.O.D. or Temp Bin $58.33
3 Yard Extra Week w/ Dump $192.62
Additional Services
Bulk Pick Up (1-3 Items) $69.11
Bulk Pick Up (4-10 Items) $98.73
Extra bin exchange $54.87
Over the top / Extra Yards $39.50
$0.00
$48.78
$50.00
$15.00
$29.92
$50.00
$180.12
$294.14
$210.13
$63.63
$210.13
$75.39
$107.70
$59.86
$43.09
$15.00
$215.99
$329.42
5 '<R~ REPUBLIC' ~~ SERVICES
EXHIBIT A: Current City Approved Rates and Adjusted Rates Services Industrial
Rates as of July 1,
2020
Industrial Permanent Service
Service Type
10 Yard Roll Off (w/ 8 Tons) Haul Rate - Del/Removal $819.52 10 Yard Roll Off (w/ 8 Tons) Over Tonnage $65.74
Trip Charge (Dry Run) $140.90
20-40 Yard Roll Off (w/ 6 Tons) Haul Rate - Del/Removal $715.31 20-40 Yard Roll Off (w/ 6 Tons) Over Tonnage $65.74
Trip Charge (Dry Run) $140.90
Compactor (w/ 9 Tons) Haul Rate - Del/Removal $900.70
Compactor (w/ 9 Tons) Over Tonnage $65.74
Trip Charge (Dry Run) $140.90
Industrial Temporary or COD
10 Yard Roll Off (w/ 8 Tons) Haul Rate - Del/Removal $818.80 10 Yard Roll Off (w/ 8 Tons) Over Tonnage $65.74
Trip Charge (Dry Run) $140.90
10 Yard Roll Off (w/ 8 Tons) Daily Rental $28.22
20-40 Yard Roll Off (w/ 6 Tons) Haul Rate - Del/Removal $758.61 20-40 Yard Roll Off (w/ 6 Tons) Over Tonnage $65.74
Trip Charge (Dry Run) $140.90
20-40 Yard Roll Off (w/ 6 Tons) Daily Rental $28.22
Additional Services
Relocate $82.30
Steam Clean $148.15
Delivery Charge $27.43
Proposed rates for AB
341 and AB 1826
programs
9.09%
Industrial
$894.01
$71.72
$153.71
$780.33
$71.72
$153.71
$29.92
$153.71
$30.79
$89.78
$161.62
$71.72
$153.71
$30.79
$827.57
$71.72
$982.57
$71.72
$153.71
$893.23
6 '<R~ REPUBLIC' ~~ SERVICES
Amendment No. 1 to
Agreement for Solid Waste and Recyclable Materials Collection Services By and Between
City of Cudahy, a Municipal Corporation,
and
Consolidated Disposal Service, LLC, a Delaware Limited Liability Company
Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
Attachment C Page 165 of 340
This Amendment No. 1 to the Agreement for Solid Waste and Recyclable Materials Collection Services ("Amendment") is entered into as of this 16 day of April, 2012 by and between the City of Cudahy, a municipal corporation organized and operating under the laws of the State of California (''City"), and Consolidated Disposal Service, LLC, a Delaware Limited Liability Company ("Collector"), collectively "the Parties", as follows:
RECITALS
This Amendment is entered into on the basis of the following facts and understandings of the Parties hereto:
A Whereas, the Parties entered into the Agreement for Solid Waste and Recyclable Materials Collection Services ("Agreement") effective December 15, 1998; and
B. Whereas, the City and Collector have undertaken to reconcile all accounts between City and Collector for the period January 1, 2001 to and including the date of this Amendment, under the terms of the Franchise Agreement and the City's Municipal Code; and
C. Whereas, the Parties by this Amendment desire to memorialize the reconciliation of accounts and establish that as of the date of this amendment, Collector is in compliance with all terms and conditions of the Franchise Agreement.
NOW THEREFORE, the Parties do agree and amend the Franchise Agreement as follows:
AGREEMENT
1. Pursuant to the reconciliation of Franchise Agreement and City Municipal Code accounts, and further in consideration of the promises and covenants set forth herein, Collector shall remit to City the total sum of One Million Dollars ($1,000,000.00) within 30 days of the date of the City Council's approval and execution of this Amendment, which Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
represents the full and final accounting of all monies which City and Collector now agree and establish are due and owing to City under the terms of the City's Municipal Code, the Franchise Agreement, and the terms and conditions of this Amendment.
2. CDS will freeze the residential rates in effect as of July 1, 2012 in the City of Cudahy for a period of 30 months, through and including December 31, 2014.
3. The City shall not take any action with respect to, or give any notice of termination of, the automatic renewal provisions in section 1.4 of the Franchise Agreement for a period of 30 months, through and including December 31, 2014.
4. In consideration of the covenants and payment set forth herein, including the payment set forth in paragraph 1 above, CDS and the City mutually agree to unconditionally release and forever discharge each other, together with their respective officers, council members, managers, board members, agents and employees from any and all claims or causes of action of any kind, including claims pertaining to the City's Municipal Code, for breach, default or other non-compliance with the Franchise Agreement and the City's Municipal Code and City ordinances of any kind or nature or effect for the period prior to and up to the date of the amendment to the Franchise Agreement.
5. Because the reconciliation of accounts has covered a lengthy period from January 1, 2011 to the date of the Amendment, the Parties agree to include the following waiver provided for in Civil Code section 1542 as part of the mutual release and discharge of claims provided for in this Amendment:
Waiver of Civil Code section 1542. The Parties understand that it is possible that an unknown injury, damage, diminution or loss, action suit, lien theory of recovery, lawsuit, claim or cause of action may exist which if known by the Parties would have materially affected their decision to release and discharge each other as set forth herein. The Parties expressly acknowledge that they took that possibility into account in determining the consideration accepted for entering into this Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
Agreement and they expressly waive California Civil Code section 1542.
California Civil Code section 1542 provides:
"A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with
the debtor."
6. City and Collector agree and affirm that as of the date of this amendment, Collector is in compliance with all terms and conditions of the Franchise Agreement.
7. All other terms and conditions of the Franchise Agreement to remain in full force and effect.
8. Each Party has cooperated in the drafting and preparation of this Amendment to the Franchise Agreement with the aid of legal counsel of its choosing. Hence, in any construction or interpretation of this Amendment, the provisions may not be construed against either party based on that party preparing and/ or drafting the Amendment.
9. This Amendment supersedes any and all prior proposals, agreements and understandings between the Parties, and may not be changed or modified or waived in any way except by a subsequent writing signed by both Parties.
10. The Recitals set forth above are a material element of this Amendment and are incorporated in the Amendment by reference as though fully set forth.
11. This Amendment may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed and original and all counterparts taken together shall constitute the Amendment as one.
Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
Date: April~ 2012
ATTEST:
APPROVED AS TO FORM:
Date: April_, 2012
CITY OF CUDAHY, A California Municipal
Corporation
David M. Silva, Mayor
CONSOLIDATED DISPOSAL SERVICE, LLC,
a Delaware Limited Liability Company
Area President
Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
counterpart shall be deemed and original and all counterparts taken together shall constitute the Amendment as one.
Date: April _., 2012 CITY OF CUDAHY, A California Municipal Corporation
Mayor, City of Cudahy
ATTEST:
City Clerk
APPROVED AS TO FORM:
Rick Olivarez
Olivarez, Gallagher and Padilla, P.C.
City Attorney
Date: April_, 2012 CONSOLIDATED DISPOSAL SERVICE, LLC,
a Delaware Limited Liability Company
Amendment No. 1 to Agreement for Solid Waste
and Recyclable Materials Collection Services
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste April 11, 2025
Mr. Alfonso Noyola
City Manager
City of Cudahy
5220 Santa Ana Street.
Cudahy, CA 90201
RE: Notification of Rate Adjustments and Application for Adjustment to Solid Waste Collection Rates for Tipping Fee Adjustments Effective July 1, 2025.
Dear Mr. Noyola,
In accordance with the terms and conditions of the current Franchise Agreement between Consolidated Disposal Service, L.L.C. (CDS) dba Republic Services and the City of Cudahy, CDS respectfully submits this notification and request for consideration regarding the annual adjustments to the Residential, Commercial & Industrial solid waste collection rates pursuant to Section 4.3.3 of the Agreement (Annual CPI Adjustment) and Section 4.3.5 (Rate Adjustment for Tipping Fees).
As outlined in the Franchise Agreement, the annual adjustment for the change in the Consumer Price Index (CPI) is determined by the percentage increase in CPI for the All Los Angeles-Long Beach-Anaheim Area. The twelve-month change in CPI used for this calculation is based on the index from February 2024 to February 2025, which reflects the cost of collection for residential and commercial services. The Rate Adjustment formula in the Agreement is as follows:
CPI CPI New Adjustment
Increase Limit CPI Percentage
Consumer Price Index 4.43% X 90% 3.99% 70% = 2.79%
Disposal Tipping Fee 6.40% X 30% = 1.92%
Total Adjustment 4.71%
CPI CPI New Adjustment
Increase Limit CPI Percentage
Consumer Price Index 4.43% X 90% 3.99% 50% = 1.99%
Disposal Tipping Fee 6.40% X 50% = 3.20%
Total Adjustment 5.19%
Residential Weighted
Value
Commercial Weighted
Value
Attachment D Page 171 of 340
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Pursuant to Section 4.3.3 of the Agreement, this letter provides the required 60-day notification for the CPI adjustment for residential and commercial customers. The rate adjustment will be applied to all residential customers, commercial, and roll-off services within the City of Cudahy, effective July 1, 2025.
In accordance with Section 4.3.5 of the Agreement, we have experienced a tipping fee increase, and accordingly, for the residential customers, we are requesting a percentage rate increase for tipping fees of 1.92%. For our commercial customers, we will provide a 30-day notice of the rate adjustment with the increase in tipping fees in accordance with Section 4.3.5.2 of the Agreement.
Please refer to the attachment for the computation of the new rates to be received and filed by the City Council and effective July 1, 2025, which includes the CPI adjustment pursuant to 4.3.3, and the tipping fee adjustment pursuant to 4.3.5, and the new services for recycling and organics recycling programs as required by California State Law AB 341: Mandatory Commercial Recycling and AB 1826:
Mandatory Organics Commercial Recycling, that were effective December 1, 2020.
We would appreciate notification on when this matter will be going before Council so that we can be available for questions or information.
We are honored to be the City of Cudahy's dedicated partner and are committed to providing world-class, reliable, and environmentally responsible service.
Respectfully,
Pilar Mejia
Municipal Service Manager
Republic Services, Inc.
CC: Berdine Ramos, Republic Services, Division Controller CC: Stephen Herring, Republic Services, General Manager CC: Richard Iglesias, City Clerk, City of Cudahy
CC: Joshua Calhoun, City Finance Director
CC: Johncito Peraza, Assistant to the City Manager
Attachment: Rate Adjustment Computation & Back Up
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste
Series Id: Series Title: Water and sewer and trash collection services in U.S. city average, all urban consumers, seasonally adjusted Area:
Item: Base Period: Years: Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2023 281.46 283.66 284.17 285.05 286.32 287.46 289.01 290.98 291.28 291.68 292.69 292.92 2024 297.08 298.75 299.18 300.18 299.99 300.65 302.11 303.31 305.12 306.34 308.02 308.23 2025 310.24 313.34
January 2024 CPI 297.08
January 2025 CPI 310.24 Change 13.16 Percentage Change 4.43% U.S. city average Water and sewer and trash collection services DECEMBER 1997=100 2021 to 2025 Consumer Price Index for All Urban Consumers (CPI-U) Original Data ValueCUSR0000SEHG
Seasonally Adjusted
CPI CPI New Adjustment
Increase Limit CPI Percentage
Consumer Price Index 4.43% X 90% 3.99% 70% = 2.79%
Disposal Tipping Fee 6.40% X 30% = 1.92%
Total Adjustment 4.71%
CPI CPI New Adjustment
Increase Limit CPI Percentage
Consumer Price Index 4.43% X 90% 3.99% 50% = 1.99%
Disposal Tipping Fee 6.40% X 50% = 3.20%
Total Adjustment 5.19%
Residential Weighted
Value
Commercial Weighted
Value
AVERAGE DUMP FEE CALCULATION
FEB-24 FEB-25 INCREASE
BEL-ART 68.05 63.97 4.08 6.4%
INNOVATIVE 62.38 58.64 3.74 6.4%
AVERAGE 6.4%
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Current Rates vs. Proposed Rates
Residential Rates
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Commercial/Multi-Family Rates
Service Type Current Rates
1 Yard 1x/wk $ 139.09
1 Yard 2x/wk $ 214.25
1 Yard 3x/wk $ 289.40
1 Yard 4x/wk $ 364.56
1 Yard 5x/wk $ 439.73
1 Yard 6x/wk $ 514.87
2 Yard 1x/wk $ 229.13
2 Yard 2x/wk $ 374.18
2 Yard 3x/wk $ 518.84
2 Yard 4x/wk $ 662.56
2 Yard 5x/wk $ 807.80
2 Yard 6x/wk $ 950.89
3 Yard 1x/wk $ 274.77
3 Yard 2x/wk $ 419.05
3 Yard 3x/wk $ 563.41
3 Yard 4x/wk $ 707.71
3 Yard 5x/wk $ 852.11
3 Yard 6x/wk $ 996.36
4 Yard 1x/wk $ 312.43
4 Yard 2x/wk $ 484.22
4 Yard 3x/wk $ 656.05
4 Yard 4x/wk $ 827.87
4 Yard 5x/wk $ 999.64
4 Yard 6x/wk $ 1,171.50
Extra Pickup $ 75.30
Lock Lids $ 9.71
Scout/Pushout N/A
Over Loaded/Extra Yards $ 50.00
COMMERCIAL SOLID WASTE
City of Cudahy 2024-2025
Rates
Commercial Permanent Dumpster Service
1/week 2/week 3/week 4/week 5/week 6/week
96-Gallon Cart $216.13 $332.92 $449.69 $566.48 $683.28 $800.03 1 CY Bin $246.84 $380.22 $513.58 $646.96 $780.36 $913.71 2 CY Bin $351.00 $581.42 $806.20 $1,029.53
3 CY Bin $421.39 $648.28 $875.46 $1,099.68 $1,324.07 $1,548.20 4 CY Bin $485.47 $752.41 $1,019.41 $1,286.38 $1,553.30 $1,820.34 6 CY Bin $608.34 $903.40 $1,211.62 $1,508.35 $1,868.04 $2,148.19 96-Gallon Cart $172.91 $20.49
1 CY Bin $203.61 $67.79 $201.15 $334.53 $467.93 $601.28 2 CY Bin $307.78 $268.99 $493.77 $717.10
3 CY Bin $378.16 $335.85 $563.03 $787.25 $1,011.64 $1,235.77 4 CY Bin $442.24 $439.98 $706.98 $973.95 $1,240.87 $1,507.91 6 CY Bin $565.12 $590.97 $899.19 $1,195.92 $1,555.61 $1,835.76 96-Gallon Cart $69.16 $106.53
1 CY Bin $78.99 $121.67 $164.35 $207.03 $249.72 $292.39 2 CY Bin $112.32 $186.05 $257.98 $329.45
3 CY Bin $134.84 $207.45 $280.15 $351.90 $423.70 $495.42 4 CY Bin $155.35 $240.77 $326.21 $411.64 $497.06 $582.51 6 CY Bin $194.67 $289.09 $387.72 $482.67 $597.77 $687.42 64-Gallon Cart $43.23 $66.58
96-Gallon Cart
1 CY Bin $157.00 $282.60 $508.68
2 CY Bin $214.00 $385.20 $693.36
96-Gallon Cart -$165.46 -$48.67
1 CY Bin -$144.58 -$11.20 $122.16 $255.54 $388.94 $522.29 2 CY Bin -$73.75 $156.67 $381.45 $604.78
3 CY Bin -$25.88 $201.00 $428.18 $652.41 $876.80 $1,100.92 4 CY Bin $17.69 $284.63 $551.63 $818.60 $1,085.52 $1,352.56 6 CY Bin $101.24 $396.30 $704.52 $1,001.25 $1,360.95 $1,641.09 Year 1 Rates July 1, 2025- June 30 2026
Commercial & Multi-Family Trash (Note: Bundled rates include 96-Gallon Recycling and 64-Gallon Organic Waste 1x per week)
Commercial Trash for Organic Waste Exempt Customers (Note: Bundled rates include 96-Gallon Recycling 1x per week and removes 1x per week 64gal Organic Waste charge) Commercial Recycling (Additional Containers and upsizing) Commercial Organic Waste (Green Waste and Food Waste) (Additional Containers and upsizing) Commercial Trash (Additional Containers)
Service Descriptions Collection Frequency
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Commercial/Multi-Family Rates Current
Service Type Current Rates
Multi-Family 3 Units
2 Yard 1x/wk $ 151.36
2 Yard 2x/wk $ 296.40
2 Yard 3x/wk $ 441.06
2 Yard 4x/wk $ 584.79
2 Yard 5x/wk $ 730.02
2 Yard 6x/wk $ 873.12
Multi-Family 4 Units
2 Yard 1x/wk $ 125.43
2 Yard 2x/wk $ 270.48
2 Yard 3x/wk $ 415.14
2 Yard 4x/wk $ 558.86
2 Yard 5x/wk $ 704.10
2 Yard 6x/wk $ 847.19
Multi-Family 5 Units
2 Yard 1x/wk $ 99.51
2 Yard 2x/wk $ 244.56
2 Yard 3x/wk $ 389.21
2 Yard 4x/wk $ 532.94
2 Yard 5x/wk $ 678.17
2 Yard 6x/wk $ 821.27
Multi-Family 3 Units
3 Yard 1x/wk $ 197.00
3 Yard 2x/wk $ 341.28
3 Yard 3x/wk $ 485.64
3 Yard 4x/wk $ 629.94
3 Yard 5x/wk $ 774.34
3 Yard 6x/wk $ 918.58
Commercial Multi-Family Unit
COMMERCIAL MULTI-FAMILY
Multi-Family 4 Units $ 171.08
3 Yard 1x/wk $ 315.36
3 Yard 2x/wk $ 459.71
3 Yard 3x/wk $ 604.01
3 Yard 4x/wk $ 748.42
3 Yard 5x/wk $ 892.66
3 Yard 6x/wk
Multi-Family 5 Units
3 Yard 1x/wk $ 145.15
3 Yard 2x/wk $ 289.43
3 Yard 3x/wk $ 433.79
3 Yard 4x/wk $ 578.09
3 Yard 5x/wk $ 722.49
3 Yard 6x/wk $ 866.73
Multi-Family 6 Units
3 Yard 1x/wk $ 119.23
3 Yard 2x/wk $ 263.51
3 Yard 3x/wk $ 407.86
3 Yard 4x/wk $ 552.16
3 Yard 5x/wk $ 696.57
3 Yard 6x/wk $ 840.81
Extra Pickup $ 75.30
Lock Lids $ 9.71
Scout/Pushout N/A
Over Loaded/Extra Yards
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Temporary Service Rates
2025-2026 Proposed
Rates
Service Type Year 1 Description
Haul Rate includes 6 tons $ 970.02 *Trash, Recycle and C&D Haul Rate includes 8 tons $ 1,046.99 *Trash, Recycle and C&D Haul Rate for Compactor up to 9
tons $ 1,151.72 *Trash and Recycling
Relocate $ 105.23
Delivery $ 35.08
Removal $ 176.00
Dry Run $ 180.16
Daily Rental $ 36.09 Temp Roll off
Over Tonnage rate $ 84.05 Exceeding inlcuded tonnage
Service Type
DEL/Removal w/Dump $ 265.68
Extra Dump $ 75.94
Daily Rental after 7 days $ 24.61
Trip charge $ 26.53
Weight Limit 500 Lbs.
Temporary Front Load Service (Solid Waste)
Temporary or COD 3-Yard-Solid Waste
Roll Off Containers and Compactors
Service Type Current Rates
DEL/Removal w/Dump $ 248.67
Extra Dump $ 75.30
Extra Week w/ 1 Dump $ 248.67
Weight Limit 500 Lbs.
Temporary or COD 3-Yard - Recycling
DEL/Removal w/Dump N/A
Extra Dump N/A
Extra Week w/ 1 Dump N/A
Temporary or COD 3-Yard - Solid Waste
TEMPORARY SERVICE
Weight Limit 500 Lbs.
2531 E 67th Street., Long Beach, CA 90805 | RepublicServices.com | Environmental Services, Recycling & Waste Commercial & Multi-Family Additional Services
Service Service Code Current
Rates Description
Extra Pickup REG $ 75.30
Extra Dump for 3-Yard COD or Temporary
Dumpster REG $ 75.30
Bulk Pickup BUL6 No Charge Bulk Item Pickup
Bulk Pickup BU1 $ 89.21 1-3 Items
Bulk Pickup BU2 $ 127.46 4-10 Items
Electronic Waste APT $ 78.92
Extra Yards EXY $ 50.99
Call-In Requests
Service
2025-2026
Proposed Rates
Year 1
Description
Extra Pick Up $ 42.25
Lock Lids on Bins (per container per service) $ 6.21
Scout/Push Out (per container per service) $ 9.50
Contamination Fee (per occurance) $ 50.00
Cart Exchange Fee $ 73.86
Container Bin Exchange fee $ 147.75
Overloaded Container Fee (1st occurrence) $ 50.00
Overloaded Container Fee (2nd occurrence) $ 100.00
Overloaded Container Fee (3rd occurrence) $ 150.00
Multi Family Bulk Wednesday $ - 10 items
Commercial Bulk Pick Up (Per call) $ 37.54
Commerical & Multi Family - On-Call/Extra Services Applies for MSW, Recycling and Organics
1 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES July 5, 2025
NOTICE IS HEREBY GIVEN that the City Council of the City of Cudahy will hold a public hearing to consider an increase to solid waste fees. Said public hearing will be held at a regular meeting of the City of Cudahy as follows:
Date: Tuesday August 19, 2025
TIME: 6:30 PM
PLACE: City Council Chambers*
5240 Santa Ana Street
Cudahy, CA 90201
The solid waste disposal services in the City are performed by Consolidated Disposal Service, LLC doing business as Republic Services (CDS). The City has negotiated a Third Amendment to the existing Franchise Agreement between the City and CDS, to specifically provide for the implementation of new services in the City required by SB 1383. The Third Amendment was approved on June 17, 2025, and provides for new rates to become effective on September 1, 2025, as is more fully described below in this Notice.
INFORMATION ABOUT THE CHARGES
1. Background: On December 15, 1998, the City of Cudahy (“City”) and Consolidated Disposal Services, LLC, DBA Republic Services (“CDS”), entered into a solid waste Franchise Agreement (“Agreement”). On April 16, 2012, the Agreement was amended for a first time (“Amendment No. 1”), and was amended again in September 2020, (Amendment No. 2) to address changes in service necessary comply with changes in State law related to commercial recycling and organic waste collection. The new Amendment (Amendement No. 3) was approved in June 2025 pending this public hearing August 19th requiring all households and businesses comply with recycling and organics state mandates related to Sb1383.
2. Basis and reasons for the proposed changes in service rates are as follows and set forth in paragraph 3 below: Adjustments to current solid waste service fees were negotiated between the City and CDS primarily as the result of increased costs of service due to significant changes in State law as a result of SB 1383 mandating new or enhanced City programs governing the collection and processing of organic materials.
3. Cost of Compliance with Changes in State Law
a. All towns and cities in the State, including Cudahy, are required to implement solid waste collection requirements under State Senate Bill 1383 (SB 1383), including the SB 1383 regulations. These regulations seek to reduce methane emissions in landfills which are the third largest source of methane in California. For Cudahy residents and businesses to remain in compliance with this State Law, new organic Attachment E Page 179 of 340
2 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES waste services are necessary, none of which are funded by the State. Therefore, these services must be funded through an increase in the solid waste rates charged by the City’s franchised waste hauler.
b. SB 1383 mandates that California reduce organic waste disposal in landfills by 75% by January 1, 2025. Organic waste like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills. As a result, green/yard waste and food waste will be diverted from disposal in landfills and taken to a facility that can process mixed organics and produce recovered organic waste products such as compost, mulch, and renewable energy. SB 1383 also requires that by 2025, jurisdictions recover 20% of edible food that would otherwise be sent to landfills to feed people in need.
4. Proposed Solid Waste Rate Adjustment
The solid waste rates effective September 1, 2025 (Year 1) are fully set forth below in the table titled “Proposed Solid Waste Rate Adjustment”.
The subsequent rates for Years 2 & 3 for residential and commercial services are defined in Amendment No. 3, listed below and will take effect on 7/1 in 2026 and 2027. In 2028 (year 4) and thereafter all rates will increase annually by CPI: Water, Sewer, Trash index annually on 7/1.
Residential year 2 2026 Increase 4.91%
Residential year 3 2027 increase 4.84%
Commercial year 2 2026 increase 4.91%
Commercial year 3 2027 increase 4.86%
All other rates will increase annually by CPI: Water, Sewer, Trash index on 7/1 starting in 2026 and all future years.
The date and time of the public hearing is set not less than 45 days after the mailing of this Notice of Public Hearing of the proposed rate adjustment to the record owners or tenants of each identified commercial or industrial parcel upon which the rates are proposed to be changed. Any interested person(s), including persons owning or renting property receiving City-provided solid waste collection services may present a written protest to the City Council on the proposed rate adjustment. The City Council shall consider all protests against the proposed rate, and only written protests of property owners and tenants can be counted to determine whether a majority protest to the proposed increases exists.
Written Protest Procedure:
A property owner or tenant may file a written protest to the proposed increases in one of the following ways:
1. Through the United States mail.
2. Hand delivery with the City Clerk’s office at City Hall, 7:00 a.m. to 6:00 p.m., Monday-Thursday.
3 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES
3. Hand delivery to the City Clerk before the close of the public hearing on August 19, 2025
Faxed or emailed protests will not be counted. Written protests must be received (not postmarked) by the City Clerk no later than 3:00 p.m. on August 19, 2025, unless hand delivered on or before the date and time of the public hearing.
Address written protests as follows:
City of Cudahy, City Clerk
c/o Written Protest
City Hall
5220 Santa Ana Street
Cudahy, CA 90201
Each written protest must include the name of the parcel owner or tenant, service address or assessor's parcel number for the parcel served, and the parcel owner's or tenant's signature. No more than one protest per parcel will be counted.
In the event of a majority protest, the proposed rate adjustment shall not be adopted. A majority protest shall exist only in the event that a majority of owners or tenants of the identified parcels submit written protests against the proposed rate adjustment to the City of Cudahy (i.e., at least 50% plus 1).
Proposed Solid Waste Rate Adjustment
Size Year 1 Description
Residential 96 Gallon $29.93
Residential Overage (1st occurrence) $25.00 City approved rates Residential Overage (2nd occurrence) $50.00 City approved rates Residential Overage (3rd occurrence) $75.00 City approved rates Residential Extra Cart (per cart) $10.24
Backyard/Pull out Service Monthly $33.50
Contamination Fee $15.00 per occurrence, 35% or more
contaminated
On-Call Bulky (Non- Wednesday) $35.99 per item
Senior Rate $14.97
Residential Services
4 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES 1/week 2/week 3/week 4/week 5/week 6/week
96-Gallon Cart $216.13 $332.92 $449.69 $566.48 $683.28 $800.03 1 CY Bin $246.84 $380.22 $513.58 $646.96 $780.36 $913.71 2 CY Bin $351.00 $581.42 $806.20 $1,029.53
3 CY Bin $421.39 $648.28 $875.46 $1,099.68 $1,324.07 $1,548.20 4 CY Bin $485.47 $752.41 $1,019.41 $1,286.38 $1,553.30 $1,820.34 6 CY Bin $608.34 $903.40 $1,211.62 $1,508.35 $1,868.04 $2,148.19 96-Gallon Cart $172.91 $289.69
1 CY Bin $203.61 $337.00 $470.36 $603.74 $737.14 $870.48 2 CY Bin $307.78 $538.19 $762.97 $986.30
3 CY Bin $378.16 $605.05 $832.23 $1,056.46 $1,280.84 $1,504.97 4 CY Bin $442.24 $709.18 $976.18 $1,243.16 $1,510.08 $1,777.11 6 CY Bin $565.12 $860.17 $1,168.39 $1,465.12 $1,824.82 $2,104.97 96-Gallon Cart $69.16 $106.53
1 CY Bin $78.99 $121.67 $164.35 $207.03 $249.72 $292.39 2 CY Bin $112.32 $186.05 $257.98 $329.45
3 CY Bin $134.84 $207.45 $280.15 $351.90 $423.70 $495.42 4 CY Bin $155.35 $240.77 $326.21 $411.64 $497.06 $582.51 6 CY Bin $194.67 $289.09 $387.72 $482.67 $597.77 $687.42 64-Gallon Cart $43.23 $66.58
96-Gallon Cart
1 CY Bin $157.00 $282.60 $508.68
2 CY Bin $214.00 $385.20 $693.36
96-Gallon Cart $103.74 $220.53
1 CY Bin $124.63 $258.01 $391.37 $524.75 $658.15 $791.49 2 CY Bin $195.46 $425.87 $650.65 $873.98
3 CY Bin $243.32 $470.20 $697.39 $921.61 $1,146.00 $1,370.13 4 CY Bin $286.89 $553.83 $820.83 $1,087.81 $1,354.73 $1,621.76 6 CY Bin $370.45 $665.50 $973.72 $1,270.45 $1,630.15 $1,910.30 Commercial Organic Waste (Green Waste and Food Waste) (Additional Containers and upsizing)
Commercial Trash (Additional Containers)
Year 1 Rates September 1, 2025- June 30 2026
Commercial & Multi-Family Trash (Note: Bundled rates include 96-Gallon Recycling and 64-Gallon Organic Waste 1x per week)
Service Descriptions Collection Frequency
Commercial Trash for Organic Waste Exempt Customers (Note: Bundled rates include 96-Gallon Recycling 1x per week and removes 1x per week 64gal Organic Waste charge)
Commercial Recycling (Additional Containers and upsizing)
5 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES 2025-2026
Proposed Rates
Year 1
Haul Rate includes 6 tons $ 970.02 *Trash, Recycle and C&D Haul Rate includes 8 tons $ 1,046.99 *Trash, Recycle and C&D Haul Rate for Compactor up to 9
tons $ 1,151.72 *Trash and Recycling
Relocate $ 105.23
Delivery $ 35.08
Removal $ 176.00
Dry Run $ 180.16
Daily Rental $ 36.09 Temp Roll off
Over Tonnage rate $ 84.05 Exceeding inlcuded tonnage
Service Type
DEL/Removal w/Dump $ 265.68
Extra Dump $ 75.94
Daily Rental after 7 days $ 24.61
Trip charge $ 26.53
Weight Limit 500 Lbs.
Roll Off Containers and Compactors
Temporary Front Load Service (Solid Waste)
Temporary or COD 3-Yard-Solid Waste
Service Type Description
6 NOTICE OF PUBLIC HEARING REGARDING CITY COUNCIL
CONSIDERATION OF ADJUSTMENT TO THE CITY’S SOLID WASTE FEES Service
2025-2026
Proposed Rates
Year 1
Description
Extra Pick Up $ 42.25
Lock Lids on Bins (per container per service) $ 6.21
Scout/Push Out (per container per service) $ 9.50
Contamination Fee (per occurance) $ 50.00
Cart Exchange Fee $ 73.86
Container Bin Exchange fee $ 147.75
Overloaded Container Fee (1st occurrence) $ 50.00
Overloaded Container Fee (2nd occurrence) $ 100.00
Overloaded Container Fee (3rd occurrence) $ 150.00
Multi Family Bulk Wednesday $ - 10 items
Commercial Bulk Pick Up (Per call) $ 37.54
Commerical & Multi Family - On-Call/Extra Services Applies for MSW, Recycling and Organics
Increased Service Level: Authority is granted to increase the service level in intances where there are three charges within a given calendar quarter.
If approved, these rates would be effective September 1, 2025 following the City Council’s approval on August 19, 2025 and would be periodically adjusted in accordance with the provisions of the Agreement. This hearing notice provides a 30-day notice of the proposed rate adjustment in accordance with section 4.3.5.2 of the Franchise Agreement.
Questions or comments regarding this Notice, or the proposed rate adjustment or the adjustment methodology in the Franchise Agreement may be directed to:
City of Cudahy, City Clerk
City Hall
5220 Santa
Cudahy, CA 90201
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS 5 de julio de 2025
POR LA PRESENTE se notifica que el Concejo Municipal de la Ciudad de Cudahy llevará a cabo una audiencia pública para considerar un aumento en las tarifas de desechos sólidos. Dicha audiencia pública se llevará a cabo en una reunión regular del Concejo Municipal de Cudahy como se indica a continuación.
FECHA: martes 19 de agosto de 2025
HORA: 6:30 PM
LUGAR: Ciudad de Cudahy*
5240 Santa Ana Street
Cudahy, CA 90201
Los servicios de eliminación de desechos sólidos en la Ciudad son realizados por Consolidated Disposal Service, LLC, que opera como Republic Services (CDS). La Ciudad ha negociado una Tercera Enmienda al Acuerdo de Franquicia existente entre la Ciudad y CDS, para implementar específicamente nuevos servicios requeridos por la ley SB 1383. La Tercera Enmienda fue aprobada el 17 de junio de 2025 y establece nuevas tarifas que entraran en vigor el 1 de septiembre de 2025, como se describe más detalladamente a continuación en este Aviso.
INFORMACIÓN SOBRE LOS CARGOS
1. Historial: el 15 de diciembre de 1998, la Ciudad de Cudahy (“Ciudad”) y Consolidated Disposal Services, LLC, DBA Republic Services (“CDS”), celebraron un Contrato de franquicia para la recolección de residuos sólidos (“Acuerdo”). El 16 de abril de 2012, el Acuerdo fue enmendado por primera vez ("Enmienda Núm. 1"), y fue enmendado nuevamente en septiembre de 2020, (“Enmienda No.2”) para abordar cambios en el servicio necesarios para cumplir con las leyes estatales relacionadas con el reciclaje comercial y la recolección de desechos orgánicos. La nueva enmienda (“Enmienda No. 3”) fue aprobada en junio de 2025, pendiente de esta audiencia publica del 19 de agosto, y requiere que todos los hogares y negocios cumplan con los mandatos estatales de reciclaje y desechos orgánicos establecidos por la ley SB 1383.
2. La base y los motivos de los cambios propuestos en las tarifas de servicio: Los ajustes a las tarifas actuales del servicio de residuos sólidos fueron negociados entre la Ciudad y CDS principalmente como resultado de un aumento en los costos del servicio debido a cambios significativos en la ley estatal como resultado de la SB 1383, que exige la implementación de nuevos o mejorados programas municipales para la recolección y el procesamiento de materiales orgánicos.
3. Costo del cumplimiento de los cambios en la ley estatal: a. Todas las ciudades del estado, incluido Cudahy, están obligadas a implementar requisitos de recolección de residuos sólidos bajo la ley estatal del senado 1383 (SB 1383) y sus regulaciones. Estas regulaciones tienen como objetivo reducir las
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS emisiones de metano en los vertederos, que son la tercera fuente más grande de metano en California.
Para que los residentes y negocios de Cudahy cumplan con esta ley estatal, es necesario implementar nuevos servicios de recolección de residuos orgánicos, los cuales no son financiados por el estado. Por lo tanto, estos servicios deben financiarse mediante un aumento en las tarifas de residuos sólidos cobradas por el concesionario de residuos de la Ciudad.
B. La ley SB 1383 exige que California reduzca la disposición de residuos orgánicos en vertederos en un 75% para el 1 de enero de 2025. Los residuos orgánicos como restos de comida, recortes de jardín, papel y cartón representan la mitad de lo que los californianos desechan en vertederos. Como resultado, los desechos verdes/de jardín y los residuos de alimentos se desviarán de los vertederos y se llevarán a una instalación que pueda procesar estos materiales y producir productos de residuos orgánicos recuperados, como composta, mantillo y energía renovable. La ley SB 1383 también exige que para 2025, las jurisdicciones recuperen el 20% de los alimentos comestibles que de otro modo serían desechados para alimentar a personas necesitadas.
4. Propuesta de ajuste tasa la tarifa de residuos sólidos: Las tarifas de residuos sólidos que entrarán en vigor el 1 de septiembre de 2025 (Año 1) se detallan completamente en la tabla titulada “Ajuste Propuesto a la Tarifa de Residuos Sólidos”.
Las tarifas correspondientes a los Años 2 y 3 para servicios residenciales y comerciales están definidas en la Enmienda No. 3 y entrarán en vigor el 1 de julio de 2026 y 2027, respectivamente. En 2028 (Año 4) y en adelante, todas las tarifas aumentarán anualmente de acuerdo con el índice CPI: Agua, Alcantarillado y Basura, cada 1 de julio.
Año 2 Residencial (2026): Aumento del 4.91%
Año 3 Residencial (2027): Aumento del 4.84%
Año 2 Comercial (2026): Aumento del 4.91%
Año 3 Comercial (2027): Aumento del 4.86%
Todas las demás tarifas aumentarán anualmente conforme al índice CPI: Agua, Alcantarillado y Basura a partir del 1 de julio de 2026 y en los años posteriores.
La fecha y hora de la audiencia pública se establece no menos de 45 días después del envío de este Aviso de audiencia pública del ajuste de tarifa propuesto a los propietarios o inquilinos de registros de cada paquete comercial o industrial identificado sobre el cual se propone que las tarifas sean cambiadas.
Cualquier persona interesada, incluidas las personas que poseen o alquilan propiedades que reciben servicios de recolección de desechos sólidos proporcionados por la Ciudad, pueden presentar una protesta por escrito ante el Concejo Municipal sobre el ajuste de tarifa propuesto. El Ayuntamiento considerará todas las protestas contra la tarifa propuesta, y solo se pueden contar las protestas escritas de los propietarios e inquilinos para determinar si existe una protesta mayoritaria a los aumentos propuestos.
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS Procedimiento de protesta por escrito:
Un propietario o inquilino puede presentar una protesta por escrito a los aumentos propuestos de una de las siguientes maneras:
1. A través del correo de los Estados Unidos.
2. Entrega en mano con la oficina del Secretario Municipal en el ayuntamiento, de 7:00 a.m. a 6:00 p.m., de lunes a jueves.
3. Entrega en mano al Secretario Municipal antes del cierre de la audiencia pública el 19 de agosto de 2025.
Las protestas enviadas por fax o correo electrónico no se contarán. Las protestas escritas deben ser recibidas (no mataselladas) por el secretario de la Ciudad a más tardar a las 3:00 p.m. el 19 de agosto de 2025, a menos que se entregue personalmente en la fecha y hora de la audiencia pública o antes.
Dirija las protestas por escrito de la siguiente manera:
Ciudad de Cudahy, Secretario Municipal
c / o protesta escrita
Municipalidad
5220 Santa Ana Street
Cudahy, CA 90201
Cada protesta escrita debe incluir el nombre del propietario o inquilino de la parcela, la dirección del servicio o el número de parcela del asesor para la parcela de servicio y la firma del propietario o inquilino de la parcela. No se contará más de una protesta por paquete.
En caso de una protesta mayoritaria, no se adoptará el ajuste de tarifa propuesto. Existirá una protesta mayoritaria solo en el caso de que la mayoría de los propietarios o inquilinos de las parcelas identificadas presenten protestas por escrito contra el ajuste de tarifas propuesto a la Ciudad de Cudahy (es decir, al menos 50% más 1).
Ajuste propuesto de la tasa de residuos sólidos
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS
NOTIFICACIÓN DE UNA AUDIENCIA PÚBLICA CON RESPECTO A LA CONSIDERACIÓN DE UNA MODIFICACIÓN A LOS COBROS DE LOS SERVICIOS DE RETIRO DE DESECHOS SÓLIDOS Service
2025-2026
Proposed Rates
Year 1
Description
Extra Pick Up $ 42.25
Lock Lids on Bins (per container per service) $ 6.21
Scout/Push Out (per container per service) $ 9.50
Contamination Fee (per occurance) $ 50.00
Cart Exchange Fee $ 73.86
Container Bin Exchange fee $ 147.75
Overloaded Container Fee (1st occurrence) $ 50.00
Overloaded Container Fee (2nd occurrence) $ 100.00
Overloaded Container Fee (3rd occurrence) $ 150.00
Multi Family Bulk Wednesday $ - 10 items
Commercial Bulk Pick Up (Per call) $ 37.54
Commerical & Multi Family - On-Call/Extra Services Applies for MSW, Recycling and Organics
Nivel de Servicio Aumentado: Se otorga autoridad para aumentar el nivel de servicio en los casos en que haya tres cargos dentro de un mismo trimestre calendario.
Si se aprueban, estas tarifas entrarán en vigencia el 1 de septimbre de 2025 luego de la aprobación del Ayuntamiento el 19 de agosto de 2025 y se ajustarán periódicamente de acuerdo con las disposiciones del Acuerdo. Este aviso de audiencia proporciona un aviso de 30 días del ajuste de tarifa propuesto de acuerdo con la sección 4.3.5.2 del Acuerdo de franquicia.
Las preguntas o comentarios con respecto a este Aviso, o el ajuste de tarifa propuesto o la metodología de ajuste en el Contrato de franquicia pueden dirigirse a:
Ciudad de Cudahy, Secretario Municipal
Municipalidad
5220 Santa Ana Street
Cudahy, CA 90201
Attachment F Page 192 of 340
Blank Page
“Serving The People” "Sirviendo A La Comunidad"
8/19/ 2025
STAFF REPORT
Date: August 19, 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: Approval of a Professional Services Agreement with Risk Management Professional for Hazard Mitigation Planning Services (Local Hazard Mitigation Plan)
RECOMMENDATION
The City Council is requested to approve a Professional Services Agreement with Risk Management Professionals in an amount not to exceed $59,922 to facilitate the development of the City’s Hazard Mitigation Plan (LHMP), and authorize the City Manager to execute the agreement.
BACKGROUND
The City’s most recent Local Hazard Mitigation Plan (LHMP) was completed and approved in 2014. Under federal law, an LHMP must be updated and approved by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES) every five years to remain in compliance and maintain eligibility for certain state and federal mitigation funding. The City is currently out of compliance with these requirements.
Without an approved LHMP, the City is ineligible to apply for new hazard mitigation and emergency preparedness grants. This presents a critical challenge for Cudahy, particularly given its status as a small, underserved community with documented vulnerabilities to a range of hazards.
On July 2, 2024, the City was selected to receive a Building Resilient Infrastructure and Communities (BRIC) Direct Technical Assistance (DTA) award from FEMA. This program is designed to help historically underserved communities with hazard mitigation planning, preparedness, climate risk assessments, public engagement, and related resilience-building efforts.
Staff Report
Item Number
14A
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
8/19/ 2025
However, on February 18, 2025, FEMA announced a pause on programs containing “elements of DEI (Diversity, Equity, and Inclusion),” which included the BRIC DTA program. As a result, the tailored technical assistance originally awarded to Cudahy has been put on hold indefinitely.
Earlier this year, City staff also explored a new Cal OES grant program to support cities in updating their hazard mitigation plans. While Cudahy met the need criteria, Cal OES staff informed the City that, due to the program’s federal funding source and Cudahy’s sanctuary city designation, the City would be ineligible to apply. Cal OES staff have expressed continued support and committed to identifying discretionary resources and offering staff assistance; however, these delays have prevented the City from making timely progress on its LHMP update.
In the meantime, City staff have been meeting regularly with Cal OES representatives and will continue to do so until the plan is complete. Hiring a qualified consultant is now the most viable option to complete the LHMP and restore eligibility for critical hazard mitigation and emergency preparedness funding.
The RFP for hazard mitigation planning services was released on June 26, 2025, and closed on July 28, 2025. The City received the following proposals:
Consultant Amount
Emergency Planning Consultants $155,000
Integrated Solutions $164,850
Jack B. Kennan, Inc. $86,666
Jacob Green and Associates $79,940
MLC $68,000
Risk Management Professionals $59,922
Stantec $125,000
Tierre West Advisors $99,450
WITT $63,910
WSP $86,881
ANALYSIS
Risk Management Professionals (RMP) is recommended based on their qualifications, cost, and demonstrated ability to deliver FEMA- and Cal OES-approved plans. RMP has over 30 years of experience in hazard mitigation planning, with a 100% plan approval rate. They have worked extensively with cities across Los Angeles County and Southern California and are familiar with
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
8/19/ 2025
the unique challenges of underserved, densely populated communities.
Their proposed scope includes:
• Establishing a Hazard Mitigation Planning Committee of City staff, partner agencies, and community representatives.
• Updating hazard profiles to include both traditional hazards (earthquakes, flooding, severe weather) and emerging threats (cybersecurity, pandemics). • Conducting bilingual public outreach through workshops, stakeholder meetings, and attendance at community events.
• Creating actionable strategies with timelines, responsible departments, and funding opportunities.
• Coordinating directly with FEMA and Cal OES reviewers to secure approval.
This approach ensures the LHMP will be practical, inclusive, and compliant, positioning Cudahy to regain eligibility for mitigation funding.
The agreement with Risk Management Professionals will have a one-year term from the effective date, with the option for a single one-year extension if needed. This timeline is intended to allow sufficient time for plan development, public engagement, FEMA/Cal OES review, and final adoption.
CONCLUSION
Selecting RMP will allow the City to complete its first LHMP update in over a decade, address current compliance gaps, and strengthen eligibility for state and federal hazard mitigation funding.
STRATEGIC PLAN CORRELATION
Goal F. Communication and Outreach
1. Explore opportunities for efficiency through insourcing and outsourcing.
FINANCIAL IMPACT
The not-to-exceed amount of $59,922 will be expensed from approved FY 2025–2026 funds.
ATTACHMENTS
A. Draft Professional Services Agreement (PSA), Exhibits A (Request for Proposal), Exhibit B (Proposal), Exhibit C (Cost).
2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Hazard Mitigation Planning Services)
(Parties: RISK MANAGEMENT PROFESSIONALS and CITY OF CUDAHY) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 19th day of August 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Risk Management Professionals (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 Hazard Mitigation Planning Services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of August 19, 2025, 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 of one year, (hereinafter, the “Term”), commencing from the Effective Date. 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 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, Attachment A Page 198 of 340
conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.
1.1SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Hazard Mitigation Planning Services RFP” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Hazard Mitigation Planning Services RFP” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Services” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions of this Agreement shall govern and control.
1.2PROSECUTION 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 August 19, 2026 (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.
1.3COMPENSATION: CONSULTANT shall perform the Services in accordance with the “RISK MANAGEMENT PROFESSIONALS PROPOSAL” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of FIFTY-NINE THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS ($59,922) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4PAYMENT 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.
1.5ACCOUNTING 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.
1.6ABANDONMENT 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.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates John Peraza, Assistant to the City Manager, (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 SHIREEN KULKARNI 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 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 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.
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.
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 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.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out
of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense, and costs not otherwise subject to subsection 4.2, above.
CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
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 authorized volunteers.
CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized 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.
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.
The duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the 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 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 forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents
and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the 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.
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
Office of the City Manager
Attn: Johncito “John” Peraza
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143 x238
Risk Management Professionals
8717 Research Dr., Suite150
Irvine, California 92618
Attn: Shireen Kulkarni
Phone: (949) 282-0123
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.
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.
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.
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)
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:_______________________
RISK MANAGEMENT
PROFESSIONALS:
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By:
Stephanie Arechiga
City Attorney
Date:____________________________
REQUEST FOR PROPOSALS
TO PROVIDE
Hazard Mitigation Planning Services
TO THE
CITY OF CUDAHY
Exhibit A
IMPORTANT DATES
* The City of Cudahy reserves the right to modify the schedule.
RFP ISSUED June 26, 2025
DEADLINE TO SUBMIT QUESTIONS
PROPOSAL DUE DATE
July 10, 2025
July 28, 2025
at 3:00 PM
NOTIFICATION TO PREFERRED
CONSULTANT
August 18, 2025
Exhibit A Page 220 of 340
i
Table of Contents
I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND.................................................................................................... 1 III. SCOPE OF WORK............................................................................................... 2 IV. GENERAL INFORMATION .................................................................................. 4 V. TERMS AND CONDITIONS................................................................................. 8 VI. PROPOSAL CONTENT ....................................................................................... 9 VII. EVALUATION PROCEDURES........................................................................... 10 VIII. PROPOSAL SUBMITTAL................................................................................... 12 IX. STAFF CONTACT.............................................................................................. 12 APPENDIX A – Sample Contract .................................................................................. 14 Exhibit A Page 221 of 340
1 City of Cudahy
5220 Santa Ana, Cudahy, California 90201
(323) 773-5143 Fax (323) 771-2072
June 26, 2025
Hazard Mitigation Planning Services
I. INTRODUCTION
The City of Cudahy (“City”) seeks proposals from qualified firms for hazard mitigation planning services.
Responses must conform with the requirements of this Request for Proposal (“RFP”).
The City reserves the right to waive any irregularity in any proposal or to reject any proposal which does not comply with this RFP. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Selection of the proposer will be made solely by the City on criteria determined by the City.
By submitting a project proposal, the proposer agrees to all of the terms of the RFP and Agreement (Appendix A), unless exceptions to the RFP or Agreement are stated by the proposer in its project proposal. The successful proposer will be required to enter into an Agreement (Appendix A) which will include the requirements of this RFP as well as other requirements. The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.
II. BACKGROUND
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960 and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development. Cudahy is 1.1 square miles with a current population of 23,805. The City is a general law city and operates under the council-manager form of government.
To enhance the City's resilience and better prepare for future emergencies, the City is seeking a qualified consultant to lead the development of a comprehensive Local Hazard Mitigation Plan (HMP) that meets all requirements set forth by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES). The HMP will serve as a critical planning tool to reduce long-term risk to people and property, inform local decision-making, and position the City to remain eligible for state and federal mitigation funding.
The City is looking for a consultant with demonstrated expertise in hazard mitigation planning, community engagement, and FEMA/Cal OES approval processes. The Exhibit A Page 222 of 340
2 selected firm will work closely with City staff, regional partners, emergency response agencies, community-based organizations, and the public to create a clear, actionable, and equity-focused plan that reflects the specific vulnerabilities and strengths of Cudahy. The Plan must incorporate robust public input, be accessible in both English and Spanish, and align with the City's broader goals around emergency preparedness, sustainability, and inclusive community development.
Ultimately, the goal is to produce a FEMA- and Cal OES-approved plan that strengthens the City’s preparedness posture, enhances interagency coordination, and lays the groundwork for implementing effective mitigation actions in the years ahead.
III. PROJECT SCOPE OF WORK
The Scope of Work, as may be modified through negotiation and/or by written addendum issued by the City, shall become a part of the final Agreement. The Agreement is anticipated as a one-time engagement with an expected term of one (1) year. The City reserves the unilateral right, at its sole discretion, to extend the Agreement for one (1) additional one-year term.
The selected firm shall facilitate the development of the City of Cudahy’s Local Hazard Mitigation Plan (HMP) in accordance with the requirements set forth by the Federal Emergency Management Agency (FEMA) and the California Governor’s Office of Emergency Services (Cal OES). The Plan must be approved by both agencies and formally adopted by the City Council.
The Scope of Work shall include, but is not limited to, the following tasks:
A. Project Coordination and Work Plan Development
1. Meet with City staff to develop a project schedule, communications strategy, and a plan to meet FEMA and Cal OES milestones.
2. Provide ongoing project management, coordination, and progress updates to the City’s project lead.
3. Develop and maintain a timeline that ensures completion and submission of the Plan in alignment with state and federal deadlines.
B. Review of Existing Plans, Reports, and Risk Data
1. Review existing city and regional documents such as the General Plan Safety Element, Emergency Operations Plan (EOP), Capital Improvement Plan, and any prior hazard assessments.
2. Gather and analyze current hazard data, historical incident records, GIS information, climate projections, and state/federal resources to inform the risk assessment.
Exhibit A Page 223 of 340
3 C. Community Engagement and Stakeholder Coordination
1. Develop and implement a public outreach strategy to engage community members, local businesses, nonprofit partners, and vulnerable populations, with materials in both English and Spanish.
2. Facilitate at least two (2) public workshops and one (1) stakeholder roundtable to gather input on hazard vulnerabilities and proposed mitigation strategies.
3. Coordinate interviews or small-group discussions with key stakeholders, including but not limited to:
o City staff across departments
o Emergency response partners (e.g., L.A. County Fire and Sheriff’s Departments)
o Utility providers and infrastructure agencies
o Community-based organizations and advocacy groups
4. Document and summarize all stakeholder and community feedback and explain how it is reflected in the Plan.
D. Risk Assessment and Capability Analysis
1. Identify and profile natural and human-caused hazards specific to the City of Cudahy.
2. Assess the vulnerability of key community assets, including critical infrastructure, public facilities, schools, and vulnerable populations.
3. Conduct a capability assessment to evaluate the City’s existing tools, programs, and policies relevant to hazard mitigation.
E. Mitigation Strategy and Plan Development
1. Develop a comprehensive mitigation strategy that includes goals, objectives, and prioritized mitigation actions.
2. Ensure each proposed action includes timelines, responsible departments, funding sources, and implementation feasibility.
3. Prepare a draft Hazard Mitigation Plan that complies with FEMA’s Local Mitigation Planning Policy (latest version) and Cal OES standards.
F. Review, Approval, and Adoption Support
1. Submit the draft Plan for City review and revise it based on feedback from staff and stakeholders.
2. Facilitate the submission of the Plan to Cal OES and FEMA, and address any comments or required modifications from the reviewing agencies.
3. Assist City staff with presentation materials and recommendations for formal adoption by the City Council.
G. Final Deliverables
The consultant shall provide the following:
• FEMA- and Cal OES-approved Local Hazard Mitigation Plan • Editable files (Word, Excel, GIS data as applicable) and print-ready versions (PDF)
• Executive Summary (2–4 pages) for community use
Exhibit A Page 224 of 340
4 • PowerPoint presentation for City Council and public meetings • Community engagement summary report (English and Spanish) outlining outreach process and feedback integration
IV. PROPOSAL SCHEDULE
RFP ISSUED June 26, 2025
DEADLINE TO SUBMIT QUESTIONS
PROPOSAL DUE DATE
July 10, 2025
July 28, 2025
at 3:00 PM
NOTIFICATION TO PREFERRED CONSULTANT August 18, 2025
IV. GENERAL INFORMATION
A. Proposal Validity – The Proposer’s pricing shall be valid for a minimum of 90 days.
B. Request for Information – Questions regarding this RFP are for clarification purposes only and are to be directed by e-mail to: Johncito “John” Peraza, Assistant to the City Manager at [email protected] . The deadline to submit questions will be July 10, 2025
C. Submission Deadline – Proposals must be received, in a sealed envelope with the words “Request for Proposal – Hazard Mitigation Planning Services” clearly labeled along with the name and address of the firm, by the City Clerk’s Office by 3:00 pm on July 28, 2025. The submitted packet shall include three (3) copies of the proposal and an electronic copy (flash drive).
D. Late Submittals – It is strongly recommended that proposals be delivered inperson or via personal courier by or before the submission deadline.
Proposals received after the specified submission deadline will be disqualified and not considered. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be disqualified and not considered. Proposers are responsible to ensure the timely submission of their proposal. Proposals may not be submitted via facsimile or electronic mail.
E. Withdrawal or Modifications – A proposal may be withdrawn or changed by a written and signed request by the firm prior to the final deadline. If consultants do not make this request before the final deadline, the firm shall Exhibit A Page 225 of 340
5 be obligated to fulfill the terms of their proposal as submitted. In the event a proposer seeks to withdraw and modify a proposal, the modified proposal must be submitted before the applicable submission deadline.
F. Addenda – In the event that any portion of this RFP is changed, the City will provide addenda e-mail to all firms who have received an RFP. The signed addenda must be included with the RFP submittal. Submittals received without the applicable addenda may be rejected as incomplete.
G. Responsiveness – All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP.
Firms are notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.
The City also reserves the right, at its sole and absolute discretion to waive minor administrative irregularities or errors.
H. Costs – The City will not be liable for any costs incurred by the Proposer in preparing and responding to this RFP. The Proposer shall not include any pre-contractual expenses as part of the proposed cost.
I. Legal Authorization – All forms and documentation included in this RFP must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship with the City.
J. Conflict of Interest – Proposer is required to issue a brief statement disclosing potentially conflicting interests including:
a. Any litigation involving the Proposer or the Proposer’s personnel which is adverse to the City; and
b. Consulting services currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that made application to the City for a discretionary land use entitlement or City project.
K. Rejection of Submittals – The City reserves the right at its sole discretion to reject any and all submittals received without penalty as result of this RFP. a. A proposal may be immediately rejected if:
i. It contains misrepresentative or misleading information; ii. It is received at any time after the exact date and time set for receipt of proposals;
Exhibit A Page 226 of 340
6 iii. It does not meet the required specifications or terms and conditions as prescribed;
iv. It is not prepared in the format outlined in this RFP; v. It is signed by an individual not authorized to represent the Proposer; vi. Proposer is involved in outstanding litigation that could impinge on its ability to complete the responsibilities and obligations of the proposal; vii. Any other reason in the City’s sole and absolute discretion.
L. No Guarantee of Contract – No guarantee is made that any contract will be awarded in response to this RFP.
M. Insurance Coverage – If a Proposer is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the Proposer. All insurance requirements are included as a provision of the contract.
N. Sub-consultants – Proposer shall identify any sub-consultants and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of sub-consultants.
O. Acceptance of Conditions – Proposer shall include a statement offering the acceptance of all conditions listed in the RFP document (including, but not limited to, all the conditions reflected in the sample Professional Services Agreement) which shall be submitted with the proposal.
P. Public Record – All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law. The City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and City shall be under no obligation to the Proposer to withhold such records. In so far as a proposal contains information that the Proposer regards as proprietary and confidential, it shall be the responsibility of the Proposer (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It shall be insufficient for the Proposer to merely identify the entire proposal or an entire page or set of pages of proprietary. With respect to information deemed proprietary, the procedures set forth under subsection (T) below shall be observed. Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information nor shall any information readily available to the Exhibit A Page 227 of 340
7 general public or any other information not regarded as proprietary and confidential under federal or state law.
Q. Right to Request Additional Information – During the evaluation process the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
R. Additional Services – The Scope of Work describes the minimum baseline level of services required for the services contemplated under this RFP, however, cost-effective proposals that exceed the minimum levels of service are welcome. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for under this RFP.
S. Conflict of Interest - By signing the Agreement, the successful Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project. For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.
T. Confidential Information - City reserves the right to make copies of a Proposer’s proposal available for inspection and copying by members of the public, (including proposals which may contain information the Proposer regards as proprietary in nature), unless the City’s legal counsel determines that the information which the Proposer regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records Act (Govt. Code Section 6250 et seq.) or other applicable state or federal law. In the event City proposes to disclose records containing information the Proposer has specifically identified as being proprietary and confidential, City shall notify the Proposer in writing of its intent to release such information and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of Proposer’s objection to the City’s release of proprietary information. City will not release the proprietary information after receipt of the objection notice from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (iii) ordered to release the Exhibit A Page 228 of 340
8 information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemnification agreement wherein the Proposer agrees indemnify, defend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from and against all liability, loss, cost or expense (including attorneys’ fees) arising out of any legal action brought to compel the release of records containing the proprietary information which the Proposer wishes to withhold. Again, the Proposer must specifically identify the information it deems proprietary.
V. TERMS AND CONDITIONS
A. Certification
By submitting a proposal, Proposer certifies that it has fully read and understands this RFP and has full knowledge of the nature, scope and scale of services and tasks that are to be performed under this RFP. Proposer also certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal from this RFP, and is in all respects fair and without collusion or fraud, so that all proposals will result from free, open and competitive proposing among all Proposers.
B. Reserving Rights
The City reserves the right to reject any and all proposals received as a result of this RFP. City’s potential award of a contract will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, technical expertise, technological innovation, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City.
C. Assignment and Guarantee
No assignment by the Proposer of the contract or any part thereof, or of funds to be received hereunder, is binding unless the City has given written consent before such assignment. There is also no guarantee of a minimal amount of work or compensation for any Proposer selected for contract negotiations.
E. Clarification
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments should be emailed to Richard Iglesias, City Clerk, at [email protected]. The City shall not be responsible for, nor be bound by, any oral instructions, interpretations or explanations issued by the City.
F. Discrimination
Exhibit A Page 229 of 340
9 The Proposer and all subcontractors must not discriminate, nor permit discrimination against any person on the grounds of race, national origin, sex, handicap, sexual orientation, or veteran status in their employment practices, in any of their contractual arrangements, in all services and accommodations they offer the public or in their business operations.
G. Indemnification
Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind in regard to the preparation or presentation of a proposal in response to this RFP.
H. Gratuity Prohibition
Proposer shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.
VI. PROPOSAL CONTENT
A. Cover Letter. 1-page cover letter signed by an officer of the firm, binding the proposer to all the commitments made in the submittal. The letter shall include name, address and phone number of the person authorized to represent the proposer and shall include the following
Statement:
I HAVE READ UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS
REQUEST FOR PROPOSALS AND ACKNOWLEDGE RECEIPT OF ALL
ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, ANDATTACHMENTS REFERENCED.
B. Proposer’s Background. Summary of the relevant experience, work sample, training, education and special certifications of the proposer’s personnel who will be performing the professional services contemplated under this RFP on the proposer’s behalf. Briefly discuss the proposer’s firm’s qualifications and experience with projects of a similar magnitude and nature. The summary shall also include the office location of key personnel proposed to work on this contract. Relevant experience can include your firm’s overall experience, experience with similar services for other cities and the experience of individuals on your proposed team. Show how your experience relates to the demands of this RFP.
C. Project Approach/Methodology. A detailed description of the proposed approach/methodology for completing the required components of the Scope of Work. The Proposer shall demonstrate their understanding of the needs of the Exhibit A Page 230 of 340
10 City and the objectives of the work proposed, as well as their ability to timely complete all the tasks outlined in the Scope of Work.
D. References. A minimum of three (3) public agency references highlighting similar work as requested in this RFP was performed by the team/personnel proposed for Cudahy. Such references must be for work completed within the last five (5) years, and include the name, title, and contact information of the public agency officer or employee responsible for overseeing the Proposer’s work.
E. Cost Proposal/ Fee Schedule. A detailed “not-to-exceed” cost proposal for each of the main components outlined on the Scope of Work in this RFP, as well as any specific cost savings. Any proposed payment schedule shall align with the project schedule. In addition, the cost proposal shall include an itemized budget, including all necessary labor costs and expenses (direct or indirect), for each of the components. The cost proposal shall state the current hourly rates of all assigned staff/team members. As well as any known increases to said rate scheduled to occur prior to completion of this project.
F. Validity of Proposal. Responses to this RFP shall be valid for a minimum of ninety (90) days. Proposers shall state the length of time for which the proposal shall remain valid. Submissions not valid for at least ninety (90) days will be considered non-responsive.
CONTRACT IMPLEMENTATION
The contract resulting from this solicitation is tentatively scheduled to be awarded in August 2025. Upon award notification and prior to final contract approval, the successful proposer will be required to submit the following:
• Proof of general liability insurance
• Documentation of all credentials necessary to legally perform the services specified.
• A complete W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and • Proof of a current City of Cudahy tax certificate if the vendor is in, or performs services within, the city limits agreed to by the parties.
The finalized contract will include the scope of work, the terms and conditions, the fee schedule and any negotiated modifications agreed to by the parties.
VII. EVALUATION PROCEDURES
A. Evaluation Criteria
The following criteria shall be used by the Committee to evaluate proposals out of a possible total score of 100 points:
Exhibit A Page 231 of 340
11 a. Adherence to the requirements, including provisions of all requested information and adequacy of responses; scaled 1-15 with 1 being missing elements and 15 being expertise demonstrated across all plan elements. b. Discussion of major issues identified on the project and how the consultant team plans to address them; the management approach and organization necessary to complete the specific report; and outline quality control measures to ensure delivery of a quality product on time and within budget; scaled 1-35 with 1 being proposal lacks cohesiveness and does not reflect RFP scope of services and 35 being demonstrates respondent’s complete and thorough proposal.
c. Information about the company (and all sub-consultants) including background on key personnel (including all sub-consultants) qualifications, abilities, local experience on comparable projects and length of service with the firm, reference information preferably with municipal agencies; scaled 1-50 with 1 being personnel has limited experience with all deliverables and 50 being team has multiple personnel with experience across multiple deliverables.
The City retains full discretion in determining the applicability and weight of the criteria listed above and is not required to select the lowest cost proposal. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from Proposers, or to allow corrections of error or omissions.
B. Selection of Qualified Proposals
The City of Cudahy will review the proposals submitted by all proposers. Based on the evaluation criteria, the City of Cudahy will determine which proposal is most advantageous for the award of the contract.
The City of Cudahy may at any time investigate a Proposer’s ability to perform work. The City of Cudahy may ask for additional information about a company and its work on previous contracts. Proposers may choose not to submit such information in response to the City’s request. However, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. The City of Cudahy would typically be interested in previous experience in performing similar or comparable work, staffing and personnel turnover, financial statement of resources for current and past periods and other relevant information.
Please be aware that the City of Cudahy may use sources of information not supplied by the Proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or Exhibit A Page 232 of 340
12 past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Cudahy.
C. Oral Presentations of Proposal Submission
After selection of best qualified proposers, the Evaluation Committee may determine that oral presentations are required before making a final decision.
The City will invite the proposers with the highest evaluation scores to make such presentations. Discussions will be on an individual basis and closed to third parties and other Proposers.
During the presentation, the City of Cudahy and the Proposer will review in detail all aspects of the City’s requirements and the proposal. During these reviews, the Proposer may offer revisions and the City of Cudahy may accept the revisions in the proposal. Similarly, the City may ask for revisions, and the Proposer may accept.
If it is necessary to conduct interviews, City of Cudahy will choose the number of proposers to be interviewed and schedule them accordingly.
D. Award
The award may be awarded to the most advantageous proposal based on the evaluation criteria. Alternatively, the top scoring proposals may require the candidate to submit final and best offers.
VIII. PROPOSAL SUBMITTAL
Three (3) hard copies of the proposal and an electronic copy (flash drive) shall be presented in an envelope or package. Hard copies should be bound and include the name of the Proposer and the title “Request for Proposal – Hazard Mitigation Planning Services. The envelope of package shall bear the name, address, and telephone number of the individual or entity submitting the proposal and shall be addressed as follows:
Office of the City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Proposals can be hand delivered or mailed to the address listed above. Proposals will not be accepted by fax or e-mail.
The proposal shall be delivered to the above address on or before 3:00 P.M. on July 28, 2025.
Exhibit A Page 233 of 340
13 IX. STAFF CONTACT
For inquiries, please contact Johncito “John” Peraza at (323) 773-5143 or email at [email protected]
Issued by:
CITY OF CUDAHY
The Office of the City Manager
____________________________
Johncito “John” Peraza
Assistant to the City Manager
Exhibit A Page 234 of 340
APPENDIX A
SAMPLE CONTRACT
Exhibit A Page 235 of 340
2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: Hazard Mitigation Planning Services)
(Parties: INSERT CONSULTANT NAME 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 INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires Hazard Mitigation Planning Services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his/her authority under Section 2.12.030(13) of the Cudahy Municipal Code. OR IF OVER $25,000: the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of ____________________, 2025, 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 of one year, (hereinafter, the “Term”), commencing from the Effective Date. 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 one-year period at the option of the Exhibit A Page 236 of 340
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.
1.1SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Hazard Mitigation Planning Services RFP” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “Hazard Mitigation Planning Services RFP” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Services” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions of this Agreement shall govern and control.
1.2PROSECUTION 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 [INSERT COMPLETION DATE] (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;
Exhibit A Page 237 of 340
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.
1.3COMPENSATION: CONSULTANT shall perform the Services in accordance with the “INSERT TITLE OF COMPENSATION DOCUMENT” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”).
The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. [NOTE: Not-toExceed Sum maybe defied as Annual, Fiscal Year or Aggregate, depending on the Term(s) involved.] In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4PAYMENT 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 Exhibit A Page 238 of 340
payments made to CONSULTANT.
1.5ACCOUNTING 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.
1.6ABANDONMENT 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.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates John Peraza, Assistant to the City Manager, (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 INSERT CONSULTANT REPRESENTATIVE to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or 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 Exhibit A Page 239 of 340
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 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 Exhibit A Page 240 of 340
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 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 Exhibit A Page 241 of 340
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.
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 Exhibit A Page 242 of 340
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.
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 Exhibit A Page 243 of 340
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 CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY Exhibit A Page 244 of 340
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 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section INSERT SECTION (Insurance Coverages) of the CITY RFP [IF APPLICABLE].
3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.9 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 Exhibit A Page 245 of 340
negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold Exhibit A Page 246 of 340
harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code.
CONTRACTOR’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.
WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to Exhibit A Page 247 of 340
indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense, and costs not otherwise subject to subsection 4.2, above.
CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.
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 authorized volunteers.
CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized 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.
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.
The duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
Exhibit A Page 248 of 340
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 Exhibit A Page 249 of 340
provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of 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 forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured Exhibit A Page 250 of 340
within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and Exhibit A Page 251 of 340
expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT Exhibit A Page 252 of 340
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.
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
Office of the City Manager
Attn: Johncito “John” Peraza
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143 x238
CONTRACTOR NAME
ADDRESS
Attn: [NAME/TITLE]
Phone: (XXX) XXX-XXXX
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 Exhibit A Page 253 of 340
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.
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.
Exhibit A Page 254 of 340
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.
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, Exhibit A Page 255 of 340
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.
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)
Exhibit A Page 256 of 340
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF CUDAHY:
By:
Alfonso Noyola, ICMA-CM,
City Manager
Date:_______________________
CONSULTANT NAME:
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By: _____
XXXXX
City Attorney
Date:____________________________
Exhibit A Page 257 of 340
City of Cudahy
Request for Proposal- Hazard Mitigation
Planning Services
July 2025
Prepared By:
Risk Management Professionals
8717 Research Drive, Suite 150
Irvine, California 92618
949/282-0123 www.RMPCorp.com
Exhibit B Page 258 of 340
RISK MANAGEMENT PROFESSIONALS 1
Table of Contents
1. Background Information ......................................................................................................... 3
2. Project Approach/Methodology............................................................................................... 8
3. References ...........................................................................................................................20
4. Cost Proposal/Fee Schedule.................................................................................................23
5. Validity of Proposal................................................................................................................23
RISK MANAGEMENT PROFESSIONALS 2
July 28th, 2025
To the City of Cudahy,
Risk Management Professionals (RMP) is excited to submit a proposal to assist the City of Cudahy (City) in the development of a Local Hazard Mitigation Plan (LHMP). RMP is driven by a passion for making communities safer through proactive planning that saves lives, protects property, and builds long-term resilience. As such, RMP’s goal is to provide practical solutions and clear, actionable strategies to help every city tackle its challenges effectively. The LHMP process can be complex, which is why RMP works to make it smooth and manageable. Based in Irvine, RMP has extensive experience across Southern California and understands the region’s diverse geography and hazards. This local expertise helps the team deliver tailored, practical mitigation strategies for both natural and manmade hazards.
On behalf of RMP, I am pleased to present the attached proposal. This proposal shall remain valid for a period of not less than 90 calendar days from the date of submittal. The RMP team has read, understood, and agreed to all statements in this request for proposals, acknowledge receipt of all addendums/amendments as well as to the terms, conditions, and attachments referenced, and attests that all information submitted with this proposal is true and correct:
Risk Management Professionals Business Information:
Legal Name: The Maher Corporation
Doing Business As: Risk Management Professionals
Federal Tax ID: 33-0748916
I, Shireen Kulkarni, will be the main point of contact with the City and the Project Manager for the RMP Team. I am eager to further discuss how RMP’s skills and experience can contribute to the project requirements and forward to hearing back from you regarding the decision to move forward on the project!
Sincerely,
Shireen Kulkarni Steve Maher
Technical Consultant Principal Engineer/Authorized Signatory Risk Management Professionals Risk Management Professionals 8717 Research Drive, Suite 150 8717 Research Drive, Suite 150 Irvine, CA 92618 Irvine, CA 92618
(949) 282-0123 ext. 242 (949) 282-0123
[email protected] [email protected]
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1. Background Information
The City of Cudahy (City) is a compact, densely populated community in Southeast Los Angeles, home to approximately 23,000 residents. Known for its cultural diversity and strong sense of community, the City features a mix of residential neighborhoods, small businesses, and key infrastructure. These characteristics present both opportunities and challenges when it comes to effective hazard mitigation planning. In its previous Local Hazard Mitigation Plan (LHMP), the City addressed key hazards including earthquake and geologic hazards, flood, severe weather, urban fire, and hazardous materials release. The upcoming LHMP update will re-evaluate those hazards based on new data, recent events, and development trends. The team can also consider including emerging threats that also affect neighboring cities, such as cybersecurity attacks, mass transportation incidents, adversarial events, and disease outbreaks. While these may not have been emphasized in the past, their growing relevance due to regional trends warrants inclusion.
Furthermore, if the City is addressing any specific hazards or challenges that require additional funding or resources, including them in the LHMP can be an effective strategy to secure funding and support for ongoing efforts. By tackling both traditional and evolving hazards, the City can strengthen public safety, safeguard infrastructure, and enhance overall resilience. To support the City in this effort, The Maher Corporation, doing business as Risk Management Professionals (RMP), brings the technical expertise, regional knowledge, and planning experience necessary to deliver a comprehensive and FEMA-compliant LHMP.
RMP is an independent S Corporation headquartered in Irvine, California. Established in 1995, RMP began as an engineering consulting firm specializing in risk management for government agencies and private entities. Since then, the company has expanded its services and built a strong foundation of expertise across a wide spectrum of industries. With a dedicated staff of 16 employees, RMP offers personalized, attentive service tailored to each client’s specific needs.
RMP began providing hazard mitigation planning services in 2004 in response to the Disaster Mitigation Act of 2000 (DMA 2000). Today, RMP brings extensive experience in hazard mitigation planning, emergency management, and regulatory compliance, with specialized knowledge of FEMA and CalOES guidelines. RMP maintains a 100% approval rate for all LHMPs submitted to CalOES and FEMA and has extensive experience working directly with state reviewers to secure plan acceptance. The firm has successfully supported jurisdictions throughout Californiaincluding the Cities of Lakewood, Cerritos, Paramount, Downey, La Habra, Gardena, Hawthorne, Tustin, Fountain Valley, and Lomita- as well as water agencies and special districts such as Zone 7 Water Agency, Santa Fe Irrigation District, Montecito Water District, and Montecito Fire District.
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This wide-ranging portfolio has provided RMP with deep familiarity with the hazard landscapes and planning needs of jurisdictions across Los Angeles County, Orange County, San Diego County, and beyond.
RMP’s team excels in applying systematic methods to identify both natural and human-caused hazards, incorporating engineering and administrative understanding to assess vulnerabilities and risks. This includes conducting technical studies to evaluate the consequences of hazard scenarios such as wildfires, floods, earthquakes, and wind events, and site-specific assessments of critical infrastructure. Based on these studies, RMP develops clear, effective mitigation actions that support long-term community resilience and align with client goals.
With over 30 years of experience, the RMP team is well-versed in both qualitative and quantitative hazard evaluation methodologies and are trained to synchronize industry best practices with realworld emergency planning expertise. RMP staff bring interdisciplinary backgrounds in civil, mechanical, chemical, and environmental engineering, which equips the team with the technical depth to deliver thorough plans. As an engineering consulting firm rooted in risk communication, RMP ensures that its planning documents meet all regulatory requirements while remaining accessible and actionable for both City staff and community members.
RMP also emphasizes public engagement as a core element of the planning process. The team has successfully facilitated inclusive community workshops, stakeholder interviews, and surveys across diverse urban and rural jurisdictions. All RMP team members are highly trained in presenting information clearly, managing the public input process, and leading effective public meetings that capture valuable feedback. This strong communication foundation allows RMP to translate complex risk data into easy-to-understand maps, graphics, and summaries for both technical stakeholders and the general public.
RMP’s success is grounded in a strong commitment to collaboration. The firm understands that the best outcomes arise from active coordination with City staff and stakeholders throughout the project. RMP listens carefully to each client’s needs and ensures that all deliverables are completed on time and within budget. Through its combined strengths in risk analysis, regulatory compliance, and public facilitation, RMP is uniquely qualified to support the development of a FEMA-compliant LHMP that enhances resilience and aligns with the City’s vision. Additional details regarding RMP’s relevant experience and qualifications can be found in Section 3 of this proposal.
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The following information contains basic information which pertains to the staff at RMP and those involved in the submission of this proposal.
The Maher Corporation
Dba Risk Management Professionals
8717 Research Drive, Suite 150
Irvine, CA 92618
(949) 282- 0123
Principal Engineer/Owner/Authorized Signatory
Steve Maher, PE CSP
[email protected]
(949) 282-0123 Ext 225
Proposer
Shireen Kulkarni, Technical Consultant
[email protected]
(949) 282-0123 Ext 242
Brief descriptions of the key project team members, including education, experience, certifications, and notable accomplishments, are included in the following section. Full resumes may be provided upon request.
Mr. Steve Maher, PE, CSP, will serve as the Principal in Charge and Project Director, providing high-level guidance for overall plan completion and project staffing. As Principal Engineer of RMP, and signatory to this submittal, Mr. Maher has full authority to bind the firm in an agreement with the City should RMP be awarded the contract. Ms. Shireen Kulkarni will serve as the Project Manager for the LHMP Update. She will be responsible for day-to-day project coordination, ensuring the successful execution of all project tasks, and serving as the City’s primary point of contact. Ms. Kulkarni will facilitate HMPC meetings, manage public outreach efforts, draft the LHMP, and coordinate communication with the CalOES and FEMA to support timely and successful plan approval. Mr. Ryan Bray will provide technical support throughout the LHMP update. He will act as a secondary contact for the City, support all HMPC meetings, draft sections of the LHMP, and assist in incorporating feedback received during the review and approval process. Ms. Stephanie Smith, PE, will also provide technical and quality assurance/quality control (QA/QC) support, contributing expertise in natural hazard profiling, risk assessment, and mitigation strategy development.
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Steve Maher- Authorized Signatory/Owner/Principal Engineer:
Mr. Steve Maher graduated from Duke University with a B.S. in Mechanical Engineering and Carnegie Mellon with a M.S. in Mechanical Engineering. He has over 40 years of experience in the PSM / RMP field. He is currently licensed in the State of California as a Mechanical Engineer and in the State of Pennsylvania as a Chemical Engineer. Mr. Maher has over 30 years of experience in safety, involving both qualitative and quantitative risk assessment.
Specifically, Mr. Maher has been involved in a variety of activities associated with Hazard Mitigation Plan & Pre-Disaster Mitigation Project Grant Applications and Notice of Interest (NOI) submittals, the development of Security Vulnerability Assessments (SVAs) utilizing the RAM-W methodology for numerous water facilities, Emergency Response Plan development and updates, process safety, and risk management. Mr. Maher was part of the team that developed the unique approach to the performance of Benefit-Cost Analysis (BCA) for utility systems. Using detailed techniques and a practical approach, the RMP team approach to developing LHMPs has been highlighted by California Governor’s Office of Emergency Services (CalOES) as the model to follow.
Shireen Kulkarni-Project Manager/Technical Consultant:
Ms. Kulkarni is currently leading the City of Lakewood and the City of Lomita in their LHMP Updates. She has been involved with project support for LHMPs for several entities including the cities of Tustin, Gardena, Paramount, Fountain Valley, Zone 7 Water Agency, and Santa Fe Irrigation District. Ms. Kulkarni has extensive emergency planning documentation experience and has been involved in developing new strategies to gather extensive public feedback for LHMPS. Ms. Kulkarni will be leading the LHMP update process by providing coordination as the Project Manager. She will be responsible for conducting HMPC meetings, coordinating outreach efforts, drafting the plan, combining the talents of the Project Team members, and will ensure final plan completion.
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Ryan Bray- Project Support/Senior Technical Consultant: Since 2010, Mr. Bray has both led and assisted in the development of Hazard Mitigation Plans for several municipalities including, but not limited to, the Cities of Gardena & Hawthorne, Paramount, Cerritos, Downey, La Habra, Tustin, and Fountain Valley. In addition, he has assisted in the development of LHMPs for a variety of water districts including Santa Fe Irrigation District, Eastern Municipal Water District, and Zone 7 Water Agency. In coordination with Hazard Mitigation Planning, Mr. Bray has experience developing Emergency Response and Operation Plans as well as Risk and Resilience Assessments. Mr. Bray is an active member of the City of Corona CERT, CVCSD, RETA, and IIAR. Mr. Bray will provide project administration and coordination support for the City’s LHMP update. Along with Ms. Kulkarni, he will be attending HMPC meetings, assisting with drafting the plan, and revising the plan to meet CalOES/FEMA standards while working with State reviewers.
Stephanie Smith-Project Support/Principal Engineer: Ms. Stephanie Smith, PE graduated from California Polytechnic State University with a B.S. in Environmental Engineering and the University of Southern California with a M.S. in Environmental Engineering. Stephanie has over 17 years engineering consulting experience. She is currently licensed in the State of California as a Civil Engineer. Mrs. Smith specializes in environmental engineering and process safety engineering. Her environmental engineering experience includes soil vapor extraction system design, pilot testing, and management of operations and maintenance activities, underground storage tank site investigations, various methods of well construction and destruction, inclinometer monitoring for slide stabilization projects, and management of a groundwater dewatering system. Her process safety experience includes performing updates and providing guidance on the California Accidental Release Prevention and United States Environmental Protection Agency’s Risk Management Program; performing updates and providing guidance on the Occupational Safety and Health Administration’s Process Safety Management Program; knowledge and providing services in other safety programs (i.e., confined space, fall protection, and Hazardous Waste Operations and Emergency Response); providing training on various regulatory programs; and developing a Quantitative Risk Analysis (QRA). Mrs.
Smith will mainly provide assistance with natural hazard profile updates, mitigation strategy development, and Q&A support during the LHMP update.
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2. Project Approach/Methodology
The primary objective of this project is to develop an updated LHMP that meets all federal and state requirements while reflecting local needs and priorities for resilience. RMP proposes a collaborative, phased approach that begins with early coordination with City staff and continues through plan development, public engagement, internal review, CalOES review, final FEMA approval and adoption.
The scope of work will include:
A kickoff meeting and development of a project work plan Formation and facilitation of a Hazard Mitigation Planning Committee (HMPC) A comprehensive update to the Risk Assessment, including hazard profiles and vulnerability analysis
Development of a Mitigation Strategy that includes goals, objectives, and prioritized actions
Design and implementation of a public engagement process, including workshops and online outreach
Plan drafting, revisions, and submittal to Cal OES and FEMA for review and approval Support for plan adoption by the City Council
RMP’s proposed approach focuses on clarity, accessibility, and alignment with the City’s current plans and future objectives. RMP will work with City staff, ensuring the process is efficient and well positioned to secure future mitigation funding opportunities. RMP’s familiarity with FEMA policy, Los Angeles County hazard trends, and community outreach in similarly diverse cities makes the RMP team uniquely qualified to support the City in this LHMP update.
TASK 1: PROJECT INITIATION AND COORDINATION
To begin developing a Plan compliant with 44 CFR §201.6, RMP will collaborate with City personnel to identify all relevant departments, agencies, and key stakeholders. Together, the City and RMP will establish a Hazard Mitigation Planning Committee (HMPC) that includes critical participants. RMP will then assess available technical, financial, business, and departmental resources to support the Plan development process. Once all stakeholders and applicable personnel are identified and invited to participate, RMP will conduct a Project Initiation Meeting to present a project overview that details the objectives and scope of the Plan development process.
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RMP will propose a meeting schedule, and the number of meetings needed to fulfill the tasks as outlined below. After a review of the project schedule and key tasks, the HMPC members’ areas of expertise, member responsibilities and the process for community involvement will be discussed.
RMP will prepare and organize all documents detailing the implementation methodologies and project management strategies to be used. Regular meetings to update City staff and share essential information will be scheduled according to an agreed timeline. Additionally, this phase will involve fine-tuning the scope of services offered by the City and establishing a practical timeline for the required steps. Every step of the planning process that goes into creating the Plan will be documented by RMP. This will cover the preparation method, contributors in the update process, and public participation. Furthermore, RMP will make sure that all meeting materials— including agendas, sign-in sheets, presentations, and comments from the public and stakeholders—are recorded and incorporated into the Plan Output:
A documented summary of the kick-off meeting, including agreed-upon timelines, project deliverables, and contact points for both parties.
TASK 2: COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH
In compliance with 44 CFR §201.6, RMP will ensure that an inclusive public involvement process is implemented to effectively update the Plan. Recognizing the importance of engaging the City’s diverse stakeholders, RMP will prioritize outreach to key groups such as residents, local organizations, service providers, and community-based organizations throughout the LHMP update process. At a minimum, this will include the facilitation of at least two (2) public workshops and one (1) stakeholder roundtable to gather feedback on hazard vulnerabilities and proposed mitigation strategies.
RMP understands that meaningful community engagement goes beyond general outreach- it also requires connecting with those who are more vulnerable to hazards. As such, RMP has
identified several local partners whose involvement will be instrumental in reaching these populations. For
example, organizations such as the LA Food Bank and
PATH (People Assisting the Homeless) provide critical
services to individuals experiencing food insecurity and homelessness in the City. RMP will work with the City to invite
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these partners to participate directly in the planning process and help extend outreach to the communities they serve.
In addition, RMP recognizes the unique opportunity to reach older adults through the City’s Community Services programs for individuals 60 and over, hosted at the Senior Center at Clara Park’s Turner Hall. The City’s congregate lunch program, as well as activities for elderly people conducted with the Human Services Association, could also be used to gather public feedback.
RMP’s experience shows that seniors appreciate having information in advance, an opportunity to meet the team, and then a follow-up chance to share feedback after considering the material.
This two-step approach will be integrated into the community engagement plan to build trust and encourage participation from older residents.
RMP can also leverage the City’s community events to reach the broader public. Events such as the City’s Food and Diaper Distribution and LA Food Bank Distribution present opportunities to reach residents. If the City has a booth at these events, RMP will provide engaging materials and promote participation in the LHMP process, including online surveys developed to gather input from residents who may not attend formal meetings.
The RMP Project Team will provide all necessary materials for stakeholder and public meetings, such as sign-in sheets, presentations, handouts, and other relevant resources, ensuring that participants have what they need to contribute meaningfully. All outreach materials distributed at events or meetings will be developed in both English and Spanish to ensure accessibility to the City’s diverse community. RMP will coordinate, lead, and facilitate these outreach meetings with both stakeholders and the general public to gather feedback on proposed strategies and present the draft LHMP. Staff will attend all agreed-upon in-person or virtual meetings and will document all aspects of these sessions.
RMP will also create dedicated webpage content for the LHMP update, including clear explanations of the planning process, upcoming meeting dates, and multiple channels for public feedback. Public surveys will be developed and findings will be tracked, compiled, and reported to the HMPC. This transparent approach ensures that community input is documented and incorporated into the final Plan.
Finally, RMP will follow the guidance from Element A of FEMA’s newly released Local Mitigation Planning Policy Guide, assisting the City in identifying and engaging additional stakeholders such as local agencies, non-profits, and trusted community messengers. By leveraging local partnerships, existing city programs, and popular community events, RMP’s outreach strategy will
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reflect the unique character and needs of the City- ensuring that all voices are heard and that the Plan is truly community-driven.
Output:
Community engagement documentation for the LHMP summarizing the feedback from surveys and workshops, which will guide the risk assessment and development of mitigation strategies.
TASK 3: HAZARD IDENTIFICATION
This phase will cover the identification and profiling of hazards, assessing their impacts on economic, social, and physical assets—including critical infrastructure—as well as health, safety, and essential services (community lifelines). It will also involve pinpointing specific areas of vulnerability. The HMPC will review hazards from the 2015 plan and provide valuable insights into historical hazard events, current vulnerabilities (including specific locations), critical assets, and vulnerable populations. As part of this process, the HMPC will review the list of natural hazards, including but not limited to earthquakes, wildfires,100/500-year flooding, localized stormwater flooding, extreme weather events, soil hazards, erosion, landslides, drought, and any other hazards deemed significant by the committee. In addition to natural hazards, the HMPC will consider man-made hazards, such as hazardous material releases, pipeline or storage tank failures, transportation failures, cyberattacks, terrorism, and other human-caused threats. The potential for climate change to increase the frequency or intensity of these hazards will also be evaluated. In March 2021, FEMA, Cal OES, and the California Department of Natural Resources updated the California Adaptation Planning Guide (APG) to help local agencies assess and plan for the impacts of climate change.
RMP will ensure that climate change and pollution, particularly their effects on vulnerable populations, are thoroughly analyzed during this update.
RMP will then examine the impacts of past hazards on existing land use patterns to better understand how specific land uses within the City are vulnerable. Additionally, RMP will update and create hazard maps and profile narratives, acquiring and assessing available GIS data, including critical infrastructure and City-owned buildings. Beyond City-owned data, RMP will gather asset inventory data, compiling it into a working GIS database that includes critical facilities, land use, parcels, structures, and population, all categorized by type of use (e.g., residential, commercial, industrial).
Rather than using HAZUS for developing hazard profiles, RMP will rely on existing data sources such as FEMA flood insurance studies, USGS ground acceleration maps, and fire hazard risk
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maps. FEMA has provided several tools for LHMP mapping, which RMP has found to be more accessible and adaptable to specific jurisdictional needs. Plans developed using these tools, instead of HAZUS, have consistently received approval from Cal OES and FEMA. However, if the City prefers to use HAZUS, RMP can adapt the approach to incorporate both HAZUS and other data sources.
This phase will focus on identifying the best available data for each hazard, assessing the City’s vulnerability, and identifying any data gaps. As part of the hazard identification process, RMP will guide the team in considering vulnerable populations for each natural hazard. These discussions will identify City assets and vulnerable populations that could be impacted by potential hazard events. The outcomes of these discussions will directly shape the LHMP hazard profiles and proposed mitigation actions. The HMPC will rank hazards based on historical data, funding and mitigation capabilities, potential loss estimates, damage to critical infrastructure, and frequency of occurrence. Each hazard profile will document past occurrences, the nature, location, and magnitude of natural, technological, and human-induced hazards affecting the planning area.
RMP will also review existing City plans (Safety Element, Emergency Operations Plan, Capital Improvements Plan, etc.) to integrate relevant information into the hazard profiles. If other planning efforts are underway, RMP will evaluate if they contain relevant information that can be incorporated into the LHMP. The LHMP will also justify the exclusion of any hazards widely acknowledged to be present in the planning area but deemed non-critical. As outlined in DMA 2000 regulations, the primary objective is to utilize existing data where available. During this process, any identified data gaps will be documented, with recommendations for addressing these gaps included in the LHMP’s mitigation strategies.
Output:
A list and profiles of the hazards that are relevant to the City and will be included in the LHMP.
TASK 4: RISK AND VULNERABILITY ASSESSMENT
Once hazards have been identified and ranked, RMP will prepare the vulnerability and capability assessments necessary to complete the risk assessment. RMP will collaborate with the HMPC and facilitate meetings to utilize the best available hazard and inventory data, including GIS data.
The Vulnerability Assessment will determine the potential impacts of identified hazards on the City. RMP will create an asset inventory by quantifying the number of City-owned buildings and asset values within various hazard zones, assessing what proportion of the City is represented.
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The asset inventory will incorporate data from the HMPC, census records, and resources from County, State, and Federal agencies.
The vulnerability assessment will also evaluate the actual or assessed values of vulnerable facilities, repetitive losses, critical facilities at risk, natural and cultural resources at risk, growth and development trends, and loss estimates for each hazard. In addition to this, RMP will review existing studies, reports, and plans; document disaster declarations; and address NFIP-insured structures and properties that have experienced repetitive flood damage.
After completing the asset inventory, RMP will develop loss estimates for the City’s assets using FEMA’s standardized loss estimation models, which project potential losses from natural hazards.
These estimates will consider:
Physical damage: to residential and commercial buildings, schools, critical facilities, and infrastructure
Economic losses: including job loss, business interruptions, repair, and reconstruction costs
Social impacts: such as the need for shelters and medical aid This task will identify which assets are most vulnerable and which hazards are likely to result in the greatest potential losses. The outcome will be a comprehensive loss estimate (Vulnerability Assessment) for each hazard and each asset, detailing potential damage, economic loss, and associated consequences.
As part of the vulnerability assessment, RMP will also consider the impacts of climate change, changes in land use and development, and shifts in population patterns (e.g., migration, density, and vulnerable population composition). Emphasis will be placed on individuals with access and functional needs, incorporating data specific to vulnerable populations.
A Capability Assessment will also be conducted to inventory the City’s existing authorities, plans, policies, and procedures for mitigating the effects of hazards. This will include an evaluation of protective measures under the National Flood Insurance Program (NFIP), building codes, zoning ordinances, ongoing or completed mitigation projects, and established mitigation policies. The capability assessment will examine the fiscal, legal, regulatory, administrative, and technical capacities of participating jurisdictions, including development, and permitting capabilities and adaptive capacities.
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To finalize the Risk Assessment, RMP will review land use patterns in the participating jurisdictions and compare them with the hazard profiles developed earlier. This comparison will allow RMP to identify which hazards may influence future growth patterns. The findings will be documented in the final report and used in subsequent HMPC meetings to inform mitigation strategy development.
In accordance with the 2023 Hazard Mitigation Planning Guide, updated LHMPs must address underserved members of the community and those disproportionately affected by disasters. In anticipation of FEMA’s requirements, RMP has developed a strategy to help the City identify variables that may increase risk for certain community members [e.g., age, disability, limitedEnglish-proficiency (LEP), location] and incorporate mitigation measures to protect these populations. Additionally, elements from the 2020 Los Angeles County All-Hazards Mitigation Plan (AHMP) and the California State Hazard Mitigation Plan (SHMP) will be used to ensure alignment with County and State efforts.
Output: Comprehensive Vulnerability and Capability Assessment The output will be a comprehensive Vulnerability and Capability Assessment that includes the asset inventory, loss estimates, climate change considerations, capability assessment, and a final risk assessment. The findings will provide the necessary data to identify the most vulnerable assets, evaluate potential losses, and assess the City’s ability to mitigate those risks. It will also set the foundation to propose mitigation strategies for vulnerable populations and ensure the City’s efforts align with broader County and State plans.
TASK 5: MITIGATION STRATEGY DEVELOPMENT
To begin this phase, RMP will guide the HMPC in identifying clear goals that define the City’s short- and long-term outcomes for the Plan. Once these goals are established, the HMPC will review and update existing mitigation strategies, identify new mitigation projects, and ensure that any vulnerabilities or gaps in current efforts are addressed.
A key focus of this process is a comprehensive review that incorporates new data, processes, participating jurisdictions, and mitigation strategies. RMP will document the City's existing mitigation resources, including fire protection, backup generators, seismic retrofits, structural improvements, and flood channels. This assessment will help determine how well current measures align with updated hazard risks and where additional efforts are needed.
During this phase, RMP will lead a team of qualified individuals—including engineers with hazard mitigation and emergency planning experience, along with knowledgeable agency
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representatives—to brainstorm potential mitigation projects and actions. This process will be informed by hazard profiles, loss estimates, and best practices from state and federal guidelines.
Particular attention will be given to integrating these strategies with the City's Emergency Operations Plan, Safety Element, and other relevant planning efforts to ensure consistency and effectiveness. Additionally, RMP will facilitate discussions on mitigation actions specifically aimed at protecting vulnerable populations. In accordance with the 2023 FEMA Local Hazard Mitigation Plan Guide, the team will develop targeted strategies to close identified gaps and ensure these communities are actively involved in both planning and implementation. Finally, the meeting will focus on identifying mitigation actions that enhance public safety, protect critical infrastructure, and strengthen the City’s overall resilience to disasters RMP will then conduct a qualitative Benefit-Cost Review (BCR) to prioritize mitigation recommendations for implementation, with a particular emphasis on those actions that can enhance business resilience. The prioritization process will consider the cost-effectiveness of each recommendation, factoring in both monetary and non-monetary costs and benefits associated with each action. To facilitate the review, the following items will be discussed for each mitigation recommendation:
Additionally, the strategy will address mitigation measures across multiple departments and clearly define responsibilities. A cost estimate on a specified comparative cost scale will also be prepared by the HMPC as needed so that the mitigation actions can be compared and prioritized.
After each recommended action is prioritized, RMP will create a draft mitigation strategy to present to the HMPC. Included in the mitigation strategies will be the identification of the party responsible
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for administering each action, expected timelines for completion, and specific grants that may be available to fund the proposed mitigation projects. If any mitigation actions do not currently have funding or planned funding, these will be flagged and brought to the attention of City personnel.
In addition, a method and schedule for plan review and maintenance will be developed, along with information on how the City will continue to engage the public, including local businesses, in mitigation planning throughout the life cycle of the Plan. Once the draft mitigation strategy is complete, a matrix will be developed summarizing mitigation actions, priority, responsible party or parties, funding mechanisms, benefit/cost ratio, and technical feasibility. This will be submitted to the HMPC for approval. Following the approval of the mitigation strategy, RMP will be available to present the information at the public workshop.
Output:
A prioritized list of mitigation actions, including cost estimates and implementation timelines, ready for incorporation into the LHMP.
TASK 6: PLAN DRAFTING AND REVIEW
Using the information gathered during previous HMPC meetings, RMP will prepare the first draft of the LHMP. This draft will consolidate all relevant data, comments, and reports from earlier phases. To meet DMA 2000 requirements, the document will detail the entire planning process, define the planning area, list participants and their roles, describe the public participation methods employed, and explain the decision-making and prioritization processes. The draft will comply with all state and federal requirements, including those outlined in 44 CFR 201.4 and CPG 101, and will thoroughly document the mitigation planning process.
Once the Draft Plan is complete, RMP will coordinate with City personnel to establish a review period during which HMPC members can provide feedback and suggested revisions. Following this internal review, RMP will prepare a Public Review Draft and assist in making it available to the community through the City’s website, newsletters, or distribution lists. RMP will also present this draft at a public meeting and deliver a presentation to the City Council to solicit final comments prior to submission to Cal OES and FEMA. This pre-submittal Council review ensures that any feedback from elected officials is addressed early, streamlining the adoption process once FEMA approval is received. After incorporating all final public and City Council feedback, RMP will revise the draft as needed and prepare it for submission.
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Output:
A draft LHMP document incorporating internal, public, and Council feedback, ready for submittal to Cal OES and FEMA.
TASK 7: FEMA REVIEW AND PLAN FINALIZATION
RMP will submit the LHMP to Cal OES and FEMA and coordinate with City staff to respond to any feedback received. RMP will carefully review all comments and, if necessary, update plan sections, clarify mitigation strategies, or submit additional documentation to ensure the Plan meets all federal and state requirements. RMP will work closely with City staff to determine the best approach for incorporating any required changes. Once FEMA issues the “Approval Pending Adoption” (APA) letter, RMP will finalize the LHMP by incorporating all required revisions and formatting it for official adoption. As part of this process, RMP will also compile all final technical appendices, data tables, and supporting GIS files to accompany the final Plan.
Output:
A final LHMP document, incorporating all required revisions and ready for adoption by the City.
TASK 8: PLAN ADOPTION AND IMPLEMENTATION SUPPORT
This Upon receiving FEMA’s Approval Pending Adoption, RMP will assist the City in completing the formal adoption process. This includes preparing adoption language and delivering a final presentation to the City Council to support Plan adoption. Because the Council will have already reviewed and commented on the draft LHMP prior to submittal, this second presentation will serve to confirm final approval and expedite the adoption process.
RMP will also prepare and deliver all final materials, including editable Microsoft Word , a printready PDF, and one professionally bound hard copy. In addition, RMP will prepare an Executive Summary for public use (in English and Spanish), a PowerPoint presentation summarizing the Plan’s key elements, and a Community Engagement Summary Report documenting the outreach process, public input received, and how that input was incorporated into the Plan (also in English and Spanish).
RMP will also provide guidelines to the City and relevant stakeholders for maintaining the Plan throughout the five-year update cycle and beyond. The maintenance plan will designate overall responsibility for Plan monitoring and implementation. RMP will outline how mitigation strategies can be implemented at various levels of government and integrated into other planning documents, providing examples. To ensure a clear understanding of FEMA’s expectations, RMP will detail the maintenance requirements specified by FEMA, ensuring the Plan remains viable
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even if responsibilities within the City shift. Finally, RMP will distribute the adopted Plan and associated deliverables to HMPC members and all applicable local, state, and federal agencies.
Output:
Confirmation of plan adoption, an implementation plan detailing the next steps for mitigation actions, and delivery of all final materials.
Quality Control/Assurance
RMP has established a rigorous, multi-layered quality control process specifically designed for the development and updating of Local Hazard Mitigation Plans (LHMPs). These procedures, refined through years of experience, are integrated into every phase of the planning process to ensure compliance with CalOES and FEMA requirements, adherence to the approved scope, and alignment with the City’s expectations.
From the outset, project team members develop draft materials that reflect the scope of work and meet regulatory standards. Each component- such as hazard profiles, vulnerability assessments, mitigation strategies, and outreach materials- is then carefully reviewed by a senior technical staff member who is not directly involved in content development. This independent review ensures objective analysis and unbiased feedback.
Throughout the process, RMP emphasizes clear and consistent communication, both internally and with the City, to maintain alignment on deliverables, expectations, and timelines. Comments from the quality control reviewer are addressed through an iterative feedback loop until the content meets internal quality standards. Once refined, the Project Manager conducts a final review to confirm the deliverables are complete, accurate, and ready for submission.
RMP’s approach is further strengthened by the active involvement of senior staff, who provide strategic oversight and technical guidance, as well as by diligent monitoring of budget and schedule. This allows the team to anticipate and respond to changes quickly, avoid delays or cost overruns, and ensure a high level of quality in all deliverables.
By embedding these quality control practices into the core of the planning process, RMP consistently delivers high-quality, compliant, and actionable LHMPs tailored to the unique needs of each community.
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Project Schedule
Since the project schedule is such an
important element, RMP is prepared to
complete the project according to the
City’s needs. The LHMP will be
developed according to the specified
project schedule, with the final plan
completed and adopted by the City
Council by September 2026. The
project schedule will be monitored
throughout the project, and the status of
each task will be reviewed with City staff
bi-weekly or more frequently, if needed.
Reviewing the project schedule
regularly will keep the project on track.
It should be noted that Cal OES typically
advises agencies to allow 12–18
months for a full plan update and Cal
OES/FEMA review. While RMP is
prepared to do whatever is necessary to
ensure the project is completed within
the project schedule, it is dependent
upon HMPC availability and the rate at which project elements and drafts can be reviewed.
Assuming the City is willing to work expeditiously, RMP is confident the project can be completed within the given timeframe. RMP understands the City desires to have a FEMA-approved LHMP within one year of the notice to proceed. While RMP is assuming a notice to proceed in September, the team is available to begin work as early as August to help support this timeline.
Key project timelines are outlined in the corresponding figure above. Dates are best guess estimates and are subject to change until a contract is executed To ensure the successful and timely completion of the LHMP update, RMP will take the lead on developing and drafting the plan, facilitating meetings, conducting outreach, and ensuring that all FEMA requirements are met. The intent is to make this process as seamless and low-burden as possible for City staff. That said, the RMP team kindly requests a few key areas of support from the City:
1 • Kickoff Meeting: September 2025
2 • Hazard Identification/Profiling: September 2025
3 •Public Outreach Meetings: September 2025- March
2026
4 •Vulnerability and Risk Assessment: October 2025
5 • Draft Mitigation Measures: November-December
2025
6 • Drafting of LHMP: November-December 2025
7 • HMPC Review of Draft/Plan Revisions: JanuaryFebruary 2026 8 •Public Meetings to Present Final Draft Plan: March
2026
9 •Submit Plan to CalOES/Revisions: April 2026
10 •Submit Plan to FEMA: July 2026
11 •Present FEMA Approved Plan to City: AugustSeptember 2026 12 •Project Closeout: September 2026
RISK MANAGEMENT PROFESSIONALS 20
Project Coordination: RMP ask that the City's designated project manager maintain open lines of communication with RMP’s project manager throughout the process. This will help ensure the alignment of scheduling and deliverables.
Meeting Logistics: Assistance with identifying and securing appropriate meeting spaces for the HMPC and public outreach events will be helpful. Draft Plan Review: The RMP team requests that the HMPC review the draft LHMP once it is completed to provide feedback and ensure the plan accurately reflects the City's needs and priorities.
Outreach Guidance: RMP will take the lead in conducting public outreach, but welcomes the City’s guidance on the most effective methods to engage the community—such as preferred platforms, events, or communication channels
3. References
The following list provides an overview of recent project developments by members of the proposed Project Team that demonstrate experience and knowledge of the Stafford Act, CFR 200, and CFR 44. Contact information for references for these projects can be found with each description.
2025 City of Lakewood LHMP
Address: 5050 Clark Avenue, Lakewood, CA 90712
Client Contact: Joshua Yordt, Director of Public Safety Client Phone Number: (562) 866-9771 x 2114
RMP Project Manager: Shireen Kulkarni
Date Completed: In Progress
Project Description: Lakewood’s 2025 LHMP addresses hazards including earthquake, air quality, disease outbreak, urban fire, windstorm, extreme temperatures, dam failure, adversarial events, power loss, drought, hazardous materials release, transportation incident, and flood. All planning meetings have been completed, and the draft plan will be available for public review in the coming weeks. Outreach included visits to the senior center and farmers market, a booth at a local community center, a City-hosted public workshop, and a presentation to the Planning and Environment Commission. These efforts helped ensure feedback from diverse and vulnerable segments of the community.
RISK MANAGEMENT PROFESSIONALS 21
2025 City of Tustin LHMP
Address: 300 Centennial Way, Tustin, CA 92780
Client Contact: Stephen Foster, Emergency Operations Coordinator Client Phone Number: (714) 573- 3294
RMP Project Manager: Ryan Bray/Shireen Kulkarni
Date Completed: In Progress
Project Description: After successfully coordinating the updates for the 2009 and 2019 LHMP, RMP was invited back to update the City of Tustin’s LHMP. The 2025 LHMP focuses on hazards such as earthquake, wildfire, water shortage, windstorm, mass transit accident, adversarial events, hazardous materials release, flood, disease outbreak, power failure, and dam/reservoir failure. The HMPC is in the final stages of the planning process, with all committee meetings complete and the draft under internal review. Public outreach included participation in the Tustin Police Department’s Open House and a booth at the popular Tustin Tiller Days fair. The plan will soon be submitted for review by Cal OES and FEMA.
2024 Santa Fe Irrigation District LHMP
Address: 5920 Linea Del Cielo, Rancho Santa Fe, CA 92067 Client Contact: Rocky Hughes, EH&S Officer
Client Phone Number: (858) 756- 2424
RMP Project Manager: Ryan Bray
Date Completed: 2024
Project Description: After successfully coordinating the updates for the 2013 and 2018 LHMPS, RMP was invited back to update the District’s LHMP. In 2018, RMP worked swiftly with the District to update the plan and secure Cal OES/FEMA approval within six months due to urgent grant deadlines. Despite the intense pace, the plan was successfully completed on time. The most recent update differed from the 2018 effort, as there was ample time for thorough development. A Steering Committee was established to guide the process, which included hazard profiling, conducting a vulnerability assessment, revising mitigation strategies, and developing a new implementation strategy. All findings were documented in a clear and concise report. The public was actively involved through invitations to Steering Committee meetings and a public meeting. RMP updated the District’s planning document and collaborated with Cal OES and FEMA to obtain plan approval. The plan received approval from both Cal OES and FEMA in August 2024.
RISK MANAGEMENT PROFESSIONALS 22
2023 City of Paramount LHMP
Address: 16400 Colorado Avenue. Paramount, CA 90723
Client Contact: Steven Coumparoules, Public Safety
Client Phone Number: (562) 220-2182
RMP Project Manager: Ryan Bray
Date Completed: 2023
Project Description: The City of Paramount’s 2023 LHMP addressed hazards including earthquake, adversarial events, urban fire, hazardous materials release, homelessness, utility loss, pipeline failure, flood and dam failure, windstorm, drought, disease outbreak, civil unrest/riots, and transportation accidents. A planning committee of City staff and local partners met regularly to guide the development of the plan. Public input was collected through surveys and outreach events to ensure the plan reflected community priorities. The plan was submitted to and approved by FEMA following a comprehensive review. 2019 City of La Habra LHMP
Address: 150 N Euclid Street, La Habra, CA 90631
Client Contact: Jennifer Duong, Management Analyst
Client Phone Number: (562) 383- 4306
RMP Project Manager: Ryan Bray
Date Completed: 2019
Project Description: La Habra’s 2019 LHMP evaluated hazards including earthquake, extreme heat, wildfire, severe storm, adversarial/human-caused events, power failure, aircraft incident, disease outbreak, drought, hazardous materials release, reservoir failure, rail transportation accident, and flood. A planning committee guided the effort and helped lead discussions during structured planning sessions. Public engagement included surveys and a presentation of the plan’s findings to City officials. The plan was formally approved by FEMA in 2019.
Financial Condition of RMP
RMP is in strong financial standing with a stable revenue stream and a proven history of delivering projects on time and within budget. The firm has no history of bankruptcy, no pending or ongoing litigation, and no planned office closures or mergers that would affect RMP’s ability to provide the requested services. RMP maintains sufficient staff capacity and financial resources to ensure project continuity and high-quality deliverables for the duration of this project.
RISK MANAGEMENT PROFESSIONALS 23
4. Cost Proposal/Fee Schedule
RMP will conduct the proposed primary effort as described in this proposal as a total, all-inclusive not-to-exceed budget of $59,922 for the LHMP Update. These proposed costs will be valid for 120 days following the date of submittal to the City. The cost proposals on the following page provide a detailed summary of this budget, delineated by task. As part of the cost summaries, RMP has partitioned the estimated Project Team personnel labor hours per task, including classification and billing rate, for each task separately. Included in the cost proposal is a table detailing the estimated involvement hours of all Project Team members listed by tasks as described in the scope of services in this proposal. If additional scope is requested by the City, any additional tasks will be completed using the rates identified in the cost summary below. Any additional work will not be completed without a written agreement from the City acknowledging the need for additional tasks.
5. Validity of Proposal
This proposal shall remain valid for a period of ninety (90) days from the submission deadline, in accordance with the requirements outlined in the Request for Proposals.
PC STC TC
$215 $175 $160
14 30
12 30
26 36
1 22 22
1 2 6
Subtotal Hours 3 101 236
Subtotal Cost $645 $17,675 $37,760
Definitions:
PC = Principal Consultant/Engineer
STC = Senior Technical Consultant
TC = Technical Consultant
Notes:
-
-
-
-
-
-
-
-
Task 3: Vulnerability Assessment and Capability Assessment Task 3 includes reviewing the City’s critical asset inventory, conducting a vulnerability assessment exercise with the Hazard Mitigation Planning Committee (HMPC), and assessing the City’s current capabilities and resources to address identified hazards Risk Management Professionals, Inc.
Requested Tasks
Cost Summary for the City of Cudahy
Local Hazard Mitigation Plan Update
Task 1: Project Management
July 28th, 2025
Hours
Position
Hourly Rate
12 48
Task 1 includes project management and coordination for any activities relating to the project (phone/email correspondence, information gathering, exercise scenario development etc.). 1 Risk Management Professionals' payment terms are net 30 days. A 3% late fee will be applied to all invoices over 60 days late.
Task 4: Development of Hazard Mitigation Measures
Risk Management Professionals provides electronic files to the client, including a PDF file of the complete and final copy of the work scope. Any modifiable files are provided in Microsoft Office format. Risk Management Professionals does not consider the final deliverables proprietary resulting in no extra charge for the electronic files.
Any additional activities not outlined in the scope of work above may be provided at additional cost.
Total Project Cost
Task 5: Public Outreach
Task 6: Draft Plan Preparation
Task 7:Plan Review and Revision
Task 8: Plan Adoption and Submission
Any unused hours will not be billed to the Client. In the event that the hours needed exceed the hours quoted in this proposal, additional scope will be communicated to the client immediately for approval.
The above costs reflect current regulations and may be subject to change if there is a change to the regulations prior to submittal.
Travel will be billed to the Client at cost. This estimate assumes reasonable advance notification for travel arrangements. Any schedule delays or late notification of project scheduling may potentially increase travel costs for the project.
Task 4 involves updating the LHMP’s goals and objectives, facilitating a brainstorming session to develop mitigation strategies, and conducting a benefit-cost analysis to prioritize actions based on their risk-reduction potential.
Estimated Travel Costs
Task 5 focuses on engaging the public and vulnerable populations through outreach activities, workshops, and surveys, while also developing a project webpage to provide updates and solicit feedback on hazards and mitigation strategies.
The above Materials, Overhead & Administrative Fee includes one (1) Hardcopy.
Materials, Overhead, and Administrative (MOA) Fee
$560
$3,282
$59,922
Subtotal Labor Cost $56,080
Overhead Fees
Task 7 involves addressing City feedback on the draft, preparing a Public Comment Draft for review, and incorporating public comments before submitting the final draft for Cal OES and FEMA review.
Task 6 includes preparing the initial draft of the LHMP, incorporating input from the Hazard Mitigation Planning Committee and ensuring alignment with City priorities for review and feedback. 12 50 Task 8 includes making final revisions based on FEMA and Cal OES feedback and submitting the completed LHMP for final approval and adoption.
1 14
Task 2 includes reviewing the City’s existing hazard documentation, identifying and ranking hazards based on risk and impact, and updating hazard profiles to incorporate climate change and social equity considerations, in line with FEMA’s latest guidance.
Task 2: Hazard Identification and Profiling
Prepared By: Risk Management Professionals
Exhibit C
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
8/19/2025
STAFF REPORT
Date: August 19, 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: Adoption of Resolution No. 25-48, Approving the “Public Health for All” Initiative and Directing Staff to Begin Phased Implementation of Its Components
RECOMMENDATION
The City Council is requested to adopt Resolution No. 25-48, approving the “Public Health for All” Initiative and directing staff to begin phased implementation of its components.
BACKGROUND
At the request of Councilmember Amanda Gomez, the City Manager directed staff to explore a comprehensive initiative that addresses the interconnected public health challenges facing Cudahy residents. In response, staff reviewed and adapted a robust policy framework titled “Public Health for All,” which proposes a multi-sector, equity-driven approach to improve health outcomes and community well-being.
The framework was developed to address long-standing issues such as extreme heat, food insecurity, limited access to mental and maternal health care, chronic illness, and barriers to inclusive participation. The initiative integrates evidence-based strategies with culturally competent delivery models, making it both community-rooted and aligned with grant eligibility standards.
In addition, the Initiative acknowledges the need to address pressing community concerns such as domestic violence prevention, access to safe and stable housing, digital literacy and internet accessibility, substance use prevention, and immigrant inclusion strategies. These focus areas are integral to creating a more inclusive and resilient Cudahy.
ANALYSIS
Item Number
14B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
8/19/2025
Cudahy residents experience compounded health risks due to environmental and systemic factors, including heat vulnerability, poor air quality, food insecurity, limited mental health access, and chronic illness. The “Public Health for All” Initiative responds with a multi-faceted approach designed to improve wellness across all age groups through culturally competent, community-based solutions.
These additional focus areas strengthen the Initiative’s capacity to promote equity and resilience by ensuring that vulnerable populations have access to safety, stability, digital resources, substance use prevention programs, and inclusive engagement opportunities.
The initiative contains the following components:
• Tree Equity & Cooling: Expands green infrastructure in heat-vulnerable zones to reduce asthma triggers and urban heat.
• Mobile Mental Health Units: Deploys bilingual and trauma-informed teams to deliver care directly in neighborhoods.
• Community-Based Wellness Fund: Provides grants to local residents and organizations for wellness programs like yoga, art therapy, and stress management. • Senior Health Outreach: Supports aging in place through peer-led health education and access to legal and medical planning.
• Healthy Food Future: Enhances access to nutritious food and supports community food entrepreneurs.
• Maternal Wellness: Expands access to free or low-cost doula care and promotes workforce development for maternal health support.
• Neuroinclusive City: Makes City services and events more accessible to neurodiverse residents through sensory-friendly spaces and inclusive programming. • Community Health Equity Report Card: Collects and publishes actionable, disaggregated health data to inform future decision-making.
These programs are aligned with state and federal funding priorities and are “grant-friendly,” enabling Cudahy to seek implementation funding from partners such as LA County agencies, TreePeople, First 5 LA, CAL FIRE, the California Department of Public Health, and others.
CONCLUSION
If adopted, the resolution will empower City staff to launch pilot programs, identify key partnerships, and begin preparing grant applications to fund various components of the initiative.
STRATEGIC PLAN CORRELATION
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
8/19/2025
Goal F. Communication and Outreach
7. Foster relationship building, wellness and pride among residents, local businesses, schools, and city hall team.
FINANCIAL IMPACT
There is no immediate fiscal impact to the City’s General Fund. Implementation will be pursued through grant applications and partnerships with external organizations.
ATTACHMENTS
A. Draft Resolution No. 25-48
B. Public Health for All Initiative (as proposed by Councilmember Gomez)
RESOLUTION NO. 25-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY APPROVING THE “PUBLIC HEALTH FOR ALL”
INITIATIVE AND DIRECTING CITY STAFF TO BEGIN
IMPLEMENTATION
WHEREAS, the City of Cudahy is committed to advancing health equity, environmental justice, and community wellness for all residents; WHEREAS, residents of Cudahy face significant public health challenges, including extreme heat, poor air quality, food insecurity, and limited access to mental, maternal, and preventative health services;
WHEREAS, the proposed “Public Health for All” Initiative outlines a multi-pronged strategy to address these disparities through tree canopy expansion, mobile mental health units, maternal care support, community-based wellness programming, senior health outreach, food access, and neuroinclusive policies; WHEREAS, the City recognizes the importance of addressing additional public health and social equity concerns, including domestic violence prevention, access to safe and stable housing, expansion of digital literacy and internet accessibility, substance use prevention, and immigrant inclusion strategies, as essential components of a comprehensive community wellness framework;
WHEREAS, the Initiative identifies actionable and grant-friendly strategies to secure external resources and forge strategic partnerships with organizations such as LA County agencies, TreePeople, First 5 LA, the California Department of Public Health, and others;
BASED UPON THE ABOVE RECITALS, THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council formally adopts the “Public Health for All” Initiative as a citywide public health strategy, attached hereto as Exhibit “A.”.
SECTION 2. The City Council directs the City Manager and staff to begin phased implementation of the Initiative, including identifying pilot projects, seeking grant opportunities, and engaging community partners.
SECTION 3. City staff shall provide regular progress updates to the City Council, including opportunities to refine priorities based on available funding and community needs.
Attachment A Page 286 of 340
Resolution No. 24-48
SECTION 4. The City Clerk is directed to transmit copies of this Resolution to relevant County and State public health agencies, funding partners, and community stakeholders.
SECTION 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 19th day of August 2025.
Elizabeth Alcantar Loza
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 24-48
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 25-48 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 5th day of August 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
Resolution No. 24-48
Exhibit A
Public Health for All
public health
PLAN FOR CUDAHY
Attachment B Page 290 of 340
environmental health
Identify priority tree equity zones
using heat vulnerability & air quality
data
Provide free shade trees and stipends
to residents, schools, landlords
Partner with orgs like TreePeople to
train youth in tree care
Prioritize native, drought-tolerant
trees
GREEN HEALTH
Background & Rationale:
Cudahy suffers from extreme heat
and poor air quality. Tree canopy is
a health equity issue, reducing
asthma triggers, cooling streets, and
improving overall well-being.
CUDAHY’S TREE EQUITY &
COOLING INITIATIVE
POLICY PROPOSAL
GOALS
1 Plant # of trees in # of years
2 3
Reduce surface temperatures and
improve air quality
Enhance walkability
GRANT-FRIENDLY
FRAMING
This initiative supports climate resilience,
public health equity, and environmental
justice by increasing tree canopy in heatvulnerable neighborhoods. It aligns with state and federal goals to address
environmental and racial inequities.
POTENTIAL FUNDERS/PARTNERS
CAL FIRE Urban & Community Forestry Program
California Strategic Growth Council
LA County Regional Parks and Open Space District
TreePeople, Arbor Day Foundation, Tree City USA
Greenlining Institute, CEJA
Youth engaged through school-based “green corps”
Adults serve as “tree stewards” and educators
Multigenerational tree planting days
Sensory-friendly outdoor activities and spaces designed to include neurodiverse participants and accommodate varying sensory needs
Materials accessible in English/Spanish and for limited literacy
EQUITY & INCLUSION
STRATEGIES
mental health
Launch bilingual mobile units rotating
through parks, schools, and housing
Staff with licensed therapists,
promotoras, and peer counselors
Offer short counseling, referrals, and
crisis support
CARE WHERE WE ARE
Background & Rationale:
Southeast LA lacks accessible
mental health care. Residents face
barriers like stigma, immigration
concerns, and lack of
transportation.
MOBILE MENTAL HEALTH
UNITS
POLICY PROPOSAL
GOALS
1 Serve # residents in 1 year
2 3
Prevent crises
Build trust in culturally
competent care GRANT-FRIENDLY
FRAMING
This project addresses behavioral health
inequities by deploying mobile services
that meet people where they are.
Culturally responsive and trauma-informed
care is central.
POTENTIAL FUNDERS/PARTNERS
LA County Department of Mental Health (DMH)
MHSA Innovation Funds
L.A. Care Health Plan, Health Net, Kaiser Permanente
Mental Health America of LA, UCLA Health
Corazon Counseling
Culturally relevant youth programs on anxiety, bullying, and social media Adult-focused parenting and stress management workshops Elder-focused quiet hours with Spanish-speaking staff
ADA-compliant units and neighborhood rotation
Provide crisis intervention and basic mental health services directly on the street or at encampments.
Offer neurodiversity-aware mental health support with trained staff using sensoryfriendly spaces, visual communication tools, and individualized approaches to better serve neurodiverse clients across all ages
Materials and services in both English and Spanish
EQUITY & INCLUSION
STRATEGIES
community wellness
Create a mini-grant fund for local
residents/orgs to lead wellness
programs
Examples: free yoga, art therapy,
walking clubs, diabetes workshops
Prioritize Spanish-language, youth,
and elder-focused initiatives
HEALTHY TOGETHER
Background & Rationale:
Cudahy residents suffer from stress
and chronic disease. Traditional
healthcare cant meet all wellness
needs. Community programs build
prevention and connection.
COMMUNITY-BASED
WELLNESS FUND
POLICY PROPOSAL
GOALS
1 Launch # programs citywide
2 3
Reach # residents in year one
Increase physical activity and
reduce isolation GRANT-FRIENDLY
FRAMING
This initiative funds culturally rooted,
community-led solutions to chronic illness,
stress, and social isolation. It aligns with
social determinants of health and
prevention frameworks.
POTENTIAL FUNDERS/PARTNERS
California Department of Public Health
First 5 LA, LA2050 Challenge, California
Endowment
People’s Yoga
Blue Shield of California Foundation
Intergenerational project proposals encouraged
(ex. intergenerational recipe sharing)
Youth and senior-led ideas prioritized
Events held during different times with child care and senior seating Include sensory-friendly activities and quiet spaces at wellness events to accommodate neurodiverse participants and provide clear, visual schedules to support engagement for all ages
Programs and promotion in English and Spanish
EQUITY & INCLUSION
STRATEGIES
senior health
Train senior promotoras for peer
outreach
Host “no ID required” pop-up health
days
Facilitate listening circles for medical
mistrust
Connect low-income seniors with free
legal clinics to support advance care
planning
SALUD EN CONFIANZA Background & Rationale:
Many elders in Cudahy fear doctors due to past
trauma, immigration status, or language barriers. This
fear leads to delayed care, unmanaged chronic
conditions, and poorer health outcomes. In addition to
medical support, many low-income seniors also lack
access to basic legal services that protect their
autonomy and well-being—such as help with powers of
attorney, living trusts, and end-of-life planning.
Bridging these gaps is essential to ensuring elders age with dignity, safety, and peace of mind.
SENIOR HEALTH
OUTREACH PROGRAM
POLICY PROPOSAL
GOALS
Reduce medical fear and
isolation
1 2
3 Connect seniors with preventative
services
Improve chronic illness
management and mental wellbeing GRANT-FRIENDLY
FRAMING
This initiative addresses healthcare avoidance in older adults by delivering culturally affirming care through trusted peer leaders. It improves chronic disease outcomes and emotional well-being. By connecting seniors with legal advance care planning services, the initiative also promotes autonomy, reduces crisis-driven decision- making, and supports aging with dignity.
POTENTIAL FUNDERS/PARTNERS
California Department of Aging
SCAN Foundation
AARP Community Challenge
AltaMed, LA County Aging & Disabilities
Dept.
California Wellness Foundation
AARP Foundation Legal Advocacy
Youth–elder buddy programs (mutual learning, tech literacy) Family caregiver education workshops
Aging awareness events for all generations
Create neuroinclusive senior programs that incorporate sensory-friendly environments, paced activities, and staff trained to support seniors with neurodiverse conditions such as dementia or late-life autism Programming led by and for seniors with community visibility Offer accessible legal education and referrals for advance care planning, prioritizing low-income and undocumented elders
EQUITY & INCLUSION
STRATEGIES
food health Partner with Sprouts for pop-up produce
stands and food giveaways
Launch Cudahy Farmers Market with
EBT/SNAP access
Create a food business incubator with
shared kitchens and vendor support
Develop a community microfarming
program to teach residents how to grow
their own produce
NOURISH CUDAHY
Background & Rationale:
Many families in Cudahy face
overlapping challenges of food
insecurity, limited access to fresh
produce, and rising rates of dietrelated illnesses like diabetes and obesity. With few grocery stores and
an abundance of fast-food options,
healthy eating is often out of reach.
Food is a public health issue—and a
justice issue.
HEALTHY FOOD FUTURE
INITIATIVE
POLICY PROPOSAL
GOALS
1 Reduce food insecurity
2 3
Increase fruit and vegetable
consumption for all
Uplift local food entrepreneurs GRANT-FRIENDLY
FRAMING
This initiative addresses food justice, health equity,
and local economic empowerment by increasing
access to nutritious, affordable food in underresourced neighborhoods. It aligns with state and federal goals to address food insecurity, chronic
disease prevention, and climate-smart community
development.
POTENTIAL FUNDERS/PARTNERS
Sprouts
CalFresh Healthy Living
LA County Department of Public HealthNutrition and Physical Activity Program The California Endowment, First 5 LA,
Blue Shield of California Foundation
Food Forward, LA Compost, Alma
Backyard Farms
Crop Swap LA
Youth led education on food health
Local vendors and home cooks supported through culturally relevant food businesses
Bilingual nutrition outreach and EBT access at all markets Develop sensory-friendly market experiences and food education materials that accommodate neurodiverse individuals, using visual supports, simple language, and quiet shopping hours
Community-driven planning with input from all residents
EQUITY & INCLUSION
STRATEGIES
doula care
Partner with local doula organizations and
community health workers to provide free or
low-cost doula services for pregnant residents.
Establish a doula training and certification
program prioritizing local residents, especially
from underrepresented communities.
Integrate doula care referrals into city health
programs, clinics, and maternal support
services.
NURTURE CUDAHY Background & Rationale: Many families in Cudahy face barriers to accessing respectful, continuous, and culturally competent maternal care. This gap contributes to disparities in birth outcomes, maternal mental health, and
early childhood wellness, especially for lowincome and Latina mothers. Doula care supports healthier pregnancies, reduces trauma, and
promotes equity in maternal health by providing
personalized physical, emotional, and
informational support throughout pregnancy, birth,
and postpartum.
MATERNAL WELLNESS
INITIATIVE
POLICY PROPOSAL
GOALS
Increase access to culturally
competent doula care for all
pregnant families
1 2
3 Improve birth outcomes and maternal
mental health equity
Empower community members
through doula training and
workforce development GRANT-FRIENDLY
FRAMING
This initiative addresses maternal health equity, reduces disparities in birth outcomes, and supports community
economic empowerment by creating doula care opportunities and workforce pathways in under-resourced neighborhoods. It aligns with state and federal priorities on maternal and child health, health equity, and community-based care models.
POTENTIAL FUNDERS/PARTNERS
California Department of Public Health –
Maternal, Child and Adolescent Health
Division
First 5 LA
March of Dimes California Chapter
Local doula collectives and training
organizations
The California Wellness Foundation
Train bilingual doulas and provide materials in English and Spanish Prioritize hiring doulas from local communities and
underrepresented backgrounds
Offer flexible scheduling and remote support options for working parents
Engage families in co-designing doula services and feedback loops
Ensure doula programs are trauma-informed and culturally responsive
EQUITY & INCLUSION
STRATEGIES
neuroinclusivity
Partner with local Regional Centers and nonprofits to
provide sensory kits, communication tools, and autism
training at city events, parks, and programs
Designate sensory-friendly hours and quiet zones at
City Hall, libraries, parks, and community events
Develop an inclusive play pilot with sensory play panels, adaptive equipment, and visual signage at one city
park
Launch caregiver and youth support circles in
partnership with special education advocates,
disability orgs, and mental health providers
CUDAHY FOR ALL Background & Rationale:
Many families in Cudahy face overlapping
challenges of limited access to diagnostic
services, inadequate school or city
accommodations, and a lack of sensoryfriendly public spaces for children on the autism spectrum and other neurodivergent
youth. With few local resources and
widespread stigma, parents often navigate
this journey alone and without support.
NEUROINCLUSIVE CITY
INITIATIVE
POLICY PROPOSAL
GOALS
Reduce participation barriers for
neurodiverse children and
families
1 2
3 Expand access to inclusive services
and sensory-friendly spaces
Support neurodiverse youth and
caregivers through community
connection GRANT-FRIENDLY
FRAMING
This initiative advances disability justice, public health equity, and inclusive community design by expanding access to sensory-friendly environments, support services, and civic spaces for neurodiverse children and families. It aligns with state and federal goals to promote health equity, developmental support, and community-based mental health infrastructure, particularly in underserved and historically excluded populations.
POTENTIAL FUNDERS/PARTNERS
First 5 LA
East Los Angeles Regional Center
The California Endowment
Autism Society of Los Angeles
LA County Department of Mental Health:
Prevention and Early Intervention Programs
Youth-led education on neurodiversity and inclusive practices in schools and community spaces
Support local neurodiverse artists and entrepreneurs in creating inclusive products and services for all
Bilingual outreach and resources for families navigating neurodiversity support, in Spanish and other local languages Community-driven planning with input from neurodiverse
individuals, caregivers, and families of all ages
Accessible public events and spaces designed with input from seniors, children, and neurodiverse community members
EQUITY & INCLUSION
STRATEGIES
domestic violence
prevention &
support
Partner with local DV shelters and advocacy groups to
provide confidential referrals and crisis services
Launch a “Safe Cudahy” campaign with resources in
English and Spanish
Establish survivor-led advisory circles to inform city
policy and outreach
Integrate DV awareness and prevention education into
school and community programming
HEAL CUDAHY Background & Rationale:
Domestic violence affects individuals and
families across Cudahy, with survivors often
facing barriers to safety due to stigma, lack
of resources, immigration concerns, and
economic dependency. Without culturally
responsive and trauma-informed services,
survivors—particularly women, LGBTQ+
residents, and immigrant families—remain
vulnerable.
SUPPORTING SURVIVORS, PREVENTING HARM
POLICY PROPOSAL
GOALS
Increase survivor access to safe
housing and legal protections
1 2
3 Expand culturally competent, traumainformed DV services Strengthen prevention and early
intervention efforts GRANT-FRIENDLY
FRAMING
This initiative addresses public health, safety, and equity by connecting survivors to housing, legal aid, and culturally relevant support. It aligns with state and federal priorities to reduce domestic violence, support survivors, and strengthen community-based prevention.
POTENTIAL FUNDERS/PARTNERS
Peace Over Violence
East Los Angeles Women’s Center
California Governor’s Office of Emergency
Services (Cal OES) – DV programs
Blue Shield of California Foundation
Los Angeles County Department of Public
Health – Violence Prevention
Bilingual, culturally tailored services
Confidential access points for undocumented survivors
Survivor-led program design
Inclusive outreach to LGBTQ+ residents
Programs designed to be inclusive of the immigrant community, ensuring safety regardless of status
EQUITY & INCLUSION
STRATEGIES
housing stability
Expand tenant protection outreach and legal
assistance
Partner with county agencies to bring rental assistance and eviction diversion programs to Cudahy
Advocate for affordable and supportive housing
development
Create a local resource hub for housing navigation and
homelessness prevention
HOME IN CUDAHY Background & Rationale:
Housing insecurity remains one of the most
pressing public health and economic issues
in Cudahy. Rising rents, stagnant wages, and
limited affordable housing options put
residents—especially seniors, low-income
families, and immigrants—at risk of
displacement or homelessness.
HOUSING SECURITY POLICY PROPOSAL
GOALS
Reduce evictions and
displacement
1 2
3 Increase access to affordable housing
options
Strengthen safety nets that
prevent homelessness GRANT-FRIENDLY
FRAMING
This initiative addresses housing equity, public health, and community stability by preventing displacement and
connecting residents to stable housing. It aligns with state and federal priorities to reduce homelessness and preserve affordable housing.
POTENTIAL FUNDERS/PARTNERS
LA County Homeless Initiative
Housing Rights Center
SELA Collaborative
Enterprise Community Partners
California Department of Housing &
Community Development
Tenant education in English and Spanish
Targeted outreach to seniors, families, and low-income
renters
Legal aid access for undocumented tenants
Ensure immigrant households have equitable access to
housing resources and protections
EQUITY & INCLUSION
STRATEGIES
digital literacy &
internet access
Provide free or low-cost community Wi-Fi in public
spaces
Launch bilingual digital literacy workshops for all ages Partner with schools and libraries to expand device
loan programs
Create tech support pop-ups with multilingual
assistance
CONNECT CUDAHY Background & Rationale:
Many Cudahy residents face barriers to
reliable internet access and digital skills,
which limits their ability to access education,
employment, healthcare, and civic
participation. This digital divide
disproportionately affects seniors, lowincome households, and immigrant families.
BRIDGING THE DIGITAL
DIVIDE
POLICY PROPOSAL
GOALS
Increase broadband access for
all residents
1 2
3 Improve digital literacy across
generations
Reduce barriers to online
resources and services GRANT-FRIENDLY
FRAMING
This initiative advances education, workforce
development, and equity by closing the digital divide in Cudahy. It aligns with state and federal goals for broadband expansion, digital equity, and inclusive
technology access.
POTENTIAL FUNDERS/PARTNERS
California Public Utilities Commission –
Broadband programs
EveryoneOn
PCs for People
Human-I-T
LA County Library
Bilingual workshops and tech support
Senior-friendly training programs
Youth-led peer tech assistance
Design digital access programs to meet the needs of
immigrant households and non-English speakers
EQUITY & INCLUSION
STRATEGIES
substance use prevention
Prevents through school programs, parent workshops,
and peer-led education.
Reduces harm via Narcan distribution/training, safe
sharps disposal, and anti-stigma campaigns.
Supports recovery with peer groups, counseling, and
workforce reentry pathways.
Uses data from LA County Public Health to guide
targeted interventions.
RECOVERY CUDAHY Background & Rationale:
Substance use disorders remain a growing public
health concern in Southeast Los Angeles, impacting
residents across all age groups. In Cudahy, substance misuse is exacerbated by limited access to culturally and linguistically appropriate prevention, treatment,
and recovery services. Beyond health impacts,
substance use contributes to homelessness, family
instability, and community safety concerns.
Addressing substance use in Cudahy requires a holistic, community-led approach that emphasizes prevention,
early intervention, harm reduction, and sustained
recovery support.
CUDAHY’S SUBSTANCE USE PREVENTION &
RECOVERY INITIATIVE POLICY PROPOSAL
GOALS
Lower substance misuse rates
among Cudahy youth and adults.
1 2
3 Expand access to bilingual,
culturally responsive prevention
and recovery services. Increase community awareness
and use of harm reduction tools
like Narcan. GRANT-FRIENDLY
FRAMING
This initiative positions Cudahy as a proactive leader in addressing substance use by integrating prevention
education, harm reduction, and recovery support into
community health strategies. Through strong partnerships and data-driven programming, the city will reduce disparities, improve quality of life, and prevent future public health crises.
POTENTIAL FUNDERS/PARTNERS
LA County Department of Public Health
California Department of Health Care
Services
Substance Abuse and Mental Health
Services Administration (SAMHSA)
National Harm Reduction Coalition
Deliver programs in Spanish and English, ensuring immigrant community inclusion.
Offer services in trusted, accessible spaces without requiring proof of citizenship or legal status.
Partner with local organizations to reach residents where they already gather.
EQUITY & INCLUSION
STRATEGIES