Cities Index.
Agenda

Cudahy City Council
October 21, 2025

Document
Agenda
Meeting
October 21, 2025
Body
Cudahy City Council
Pages
279
Original file
36.1 MB
Text extracted from the city's file for reading and search. Open the original on ca-cudahy.civicplus.com. That file is the official record.
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AGENDA

A REGULAR MEETING

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

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, October 21, 2025 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

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

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

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

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

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 850 6334 6046
https://us06web.zoom.us/j/85063346046

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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1. CALL TO ORDER

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

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Certificate of Recognition to Volunteers for Walk to School Day

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

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

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments,

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of August 19, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 9) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for August 19, 2025.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2025 (page 25) Presented by the Acting Finance Director

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2025 in the amount of $7,538,870.93.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2025 (page 29)
Presented by the Acting Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $3,404,130.55, including the Statement of Investments for the month of September 2025.

D. Second Reading of Ordinance No. 761, Approving the City’s Membership in Clean Power Alliance of Southern California (page 41)
Presented by the Public Works Director
Recommendation: The City Council is requested to adopt the attached ordinance approving a Joint Powers Agreement to enter and participate in the Clean Power Alliance of Southern California (“CPA”), implementing a Community Choice Aggregation (“CCA”) program.

E. Adoption of Ordinance No. 762, by Second Reading Amending Title 1, Chapter 28 of the Cudahy Municipal Code establishing requirements for the Spanish translation of public notices and outreach materials (page 47)
Presented by the Interim City Manager
Recommendation: The City Council is requested to adopt Ordinance No. 762, establishing requirements for the Spanish translation of public notices and outreach materials by and/or on behalf the City and its consultants/contractors to Cudahy residents and businesses.

F. Adoption of Ordinance No. 763, by Second Reading Amending Subsection 1 of Section 5.14.040 (For Cause Termination of Tenancy) and Adding Subsection 2 of Section 5.14.040 (For Cause Termination of Tenancy) of Chapter 5.14 (Just Cause Tenant Protections) of Title 5 (Business Licenses and Regulations) of the Cudahy Municipal Code (page 53) Presented by the City Attorney
Recommendation: The City Council is requested to adopt Ordinance No. 763, amending the For Cause Termination of Tenancy section of Section 5.14.040.

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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G. Consideration to Authorize the Interim City Manager to Enter into a Memorandum of Understanding “MOU” Between the City of Cudahy and Elizabeth Learning Center (page 61) Presented by the Community Services Director
Recommendation: The City Council is recommended to authorize the Interim City Manager to enter into a Memorandum of understanding (“MOU”) between the City of Cudahy and Elizabeth Learning Center.

13. PUBLIC HEARING
A. Informational Presentation Regarding the Application Process, Selection, Location, and Operation of Retail Cannabis Business Permit No. 2025-01 issued to OTC Cudahy, LLC. (page 75) Presented by the Senior Planner
Recommendation: The City Council is requested to take the following action(s):

1. Open the public hearing and receive public comments; and

2. Receive and file the report and presentation by City staff and OTC Cudahy, LLC.

14. BUSINESS SESSION
A. Authorization to Enter into a Service Agreement with SMART Compliance LLC, a Recycling Tracking and Recordkeeping Software for Calrecycle SB1383 Compliance (page 83) Presented by the Public Works Director
Recommendation: Staff recommends the City Council take the following actions:

1. Awarding the Agreement for the SMART 1383 Program Tracker with SMART Compliance LLC in the amount of $21,985 for a Three (3) year term.

2. Authorizing the City Manager or designee to execute the agreement with SMART Compliance LLC for a Three (3) -year term related to solid waste compliance.

B. Consideration to Approve the Sub-Recipient Agreement by and between the City of Bell Gardens and the City of Cudahy for the operations and maintenance of the John Anson Ford Park Infiltration Cistern Project (page 195)
Presented by the Public Works Director

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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Recommendation: The City Council is requested to approve the Sub-recipient Agreement with the City of Bell Gardens and authorize the City Manager to execute the Agreement.

C. Adoption of Ordinance No. 764 Repealing Section 9.04.360 (Parking of Vehicles for Sale) of Chapter

9.04 (Criminal Code) of Title 9 (Public Peace, Morals and Welfare) (page 267) Presented by the Interim City Manager
Recommendation: The City Council is requested to adopt Ordinance No. 764, repealing Section 9.04.360 (Parking of Vehicles for Sale) of Chapter 9.04 (Criminal Code) of Title 9 (Public Peace, Morals and Welfare).

D. Adoption of Proposed Resolution No. 25-56 Proclaiming a Local Emergency, Ratifying the Proclamation of Existence of a Local Emergency for Federal Immigration Actions in the County of Los Angeles by the Los Angeles County Board of Supervisors (page 273) Presented by the City Attorney
Recommendation: The City Council is requested to approve proposed Resolution No. 25-56 proclaiming a local emergency ratifying the proclamation of existence of a local emergency for Federal Immigration Actions in the County of Los Angeles by the Los Angeles County Board of Supervisors.

15. COUNCIL DISCUSSION – NONE

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees
City’s Designated Representative(s) for Negotiations: Interim City Managers Juan Arauz and Richard Iglesias
Employee Organization: Cudahy Miscellaneous Employees Association (CMEA) B. Closed Session Pursuant to Government Code Section 54957(b)(1) – Public Employee Recruitment Title of Position Under Consideration: City Manager

C. Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee – Title: Interim City Managers

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City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
October 21, 2025, at 6:30 P.M.

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17. CLOSED SESSION ANNOUNCEMENT

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

Dated this 16th day of October 2025
Richard Iglesias
Interim City Manager/City Clerk

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Juan Arauz/Richard Iglesias, Interim City Managers By: Richard Iglesias, Interim City Manager/City Clerk
Subject: Consideration to Review and Approve the Draft Minutes of August 19, 2025, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for August 19, 2025.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Item Number
12A

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“Serving the People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 2 of 2
Clerk (City Clerk) is the record keeper of a City’s recorded history.

William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of August 19, 2025.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. August 19, 2025, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

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City Council/Successor Agency Minutes of 08/19/2025 Page 1 of 11

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

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
August 19, 2025, 6:30 P.M.

1. CALL TO ORDER
Vice Mayor / Vice Chair Gonzalez called the meeting to order at 6:34 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Amanda Gomez
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Cynthia Gonzalez
Mayor / Chair Elizabeth Alcantar Loza
ALSO PRESENT: City Manager, Alfonso Noyola, Assistant City Manager/Community Development Director, Juan Arauz, City Attorney, Stephanie Arechiga, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Community Services Director, Brenda Rodriguez, Public Works Director, Raul Diaz, and Executive Assistant to the City Manager, Janet Andrade.

3. APPROVAL OF AGENDA
City Manager Alfonso Noyola requested to remove business item 14A.

Motion: Council Member Lomelí motioned to remove business item 14A, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.

Attachment A Page 11 of 279
City Council/Successor Agency Minutes of 08/19/2025 Page 2 of 11

5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Introduction of Beatriz Davis, with the U.S. Small Business Administration (SBA)

7. PUBLIC COMMENTS
Maria Elena Rodriguez shared problems with her trash bins and requested City Council to take action on her ongoing issue.

Gloria Sandoval shared her concerns regarding trash service and the current service being provided.

Andres Herrera requested the city council declare a state of emergency over immigration raids in the City of Cudahy and vote in favor of a 60-day protection eviction moratorium.

He stated our communities are being attacked by ICE agents and community members are afraid to be out in public. He requested more resources for those who are afraid and unable to work. He also requested the council boycott any agencies and companies who are profiting against our community such as the Los Angeles Dodgers, Home Depot Lakers, Walmart and Enterprise.

Byron Herrera requested the city council approved the eviction moratorium. He asked and urged the council to move forward due to the current situation with the immigration raids.

The raids are affecting our communities. Mr. Herrera described the “One Big Beautiful Bill Act (119th Congress) and asked the Council to analyze and provide more resources for those in need.

Maria Rendon shared her concerns regarding her trash services and the increment in fees.

Mateo Gil urged the Council to approve the 60-day eviction moratorium.

Sara shared her concerns as a landlord, stated everyone is having a difficult time and understands the current situations with many renters but asked the council to also support the landlords. She asked for the council to be considerate of landlords who are also in need.

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City Council/Successor Agency Minutes of 08/19/2025 Page 3 of 11 Maria Lopez shared her concerns about fees being increased. She asked the council to reconsider the increases to landlord’s. She emphasized the renting community and requested the council to pass the 60-day moratorium to help those in need.

Jasmine Gonzalez a community Civility Organizer in East Yard a program to help tenants in danger of being evicted and would have legal representation. Due to the imbalance of resources is why the program was created. Ms. Lopez urged the council to declare a state of emergency and vote on a 60-day eviction moratorium to help folks stay in their homes.

Elvira Ortega shared her concerns regarding the trash services fees.

Grace E. representative of Communities for a Better Environment, urged the council to enact an emergency 60-day eviction moratorium to help protect the community.

Irma Lopez expressed her concerns with the current immigration situation. She is speaking on behalf of those who are afraid to speak up. Ms. Lopez urged the council to approve the 60-day eviction moratorium.

Veronica L., representative of Communities for a Better Environment, urged the council to consider and declare a state of emergency over immigration raids in the City of Cudahy.

Mayra, representative of Communities for a better environment, urged the council to declare a state of emergency over the immigration raids. She commented that declaring a state of emergency would help protect the communities and families who are living in constant fear.

Patricia Covarrubias commented on behalf of homeowners and asked the council to also provide support and stop increasing the trash services fees.

Susie De Santiago commented in regard to the increase in trash services. She shared concerns on approving rent freezes and how that would affect landlords. Landlords need to pay taxes, insurances and many other fees that are being imposed. She expressed concerns regarding the rental registry system and how it is very difficult process and time consuming.

Mario Dominguez Jr., (via Zoom) commented on Consent Item D and asked if the City of Cudahy currently has an emergency operations manager. He stated the City of Downey and City of South Gate have an emergency operations manager. He also commented on Business Item D and shared his concerns about the ICE raids and urged council to demand the current administration where ICE can publish a list of those that are being detained and where they are being held.

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City Council/Successor Agency Minutes of 08/19/2025 Page 4 of 11

PUBLIC COMMENTS VIA EMAIL
Paloma Hernandez My name is Paloma Hernandez and I am a proud resident of Southeast Los Angeles. In the face of ongoing attack on our community by immigration agents, bounty hunters, and imposters, I submit this public comment to urge you to declare a state of emergency and protect our community, including renters, small business owners, street vendors, and day laborers. These raids are a direct attack on the stability and well-being of our entire city. Families are living in constant fear. Declaring a state of emergency would acknowledge the severity of this crisis and provide Cudahy with the necessary tools and resources to protect our most vulnerable residents.

Please act now to prevent further devastation.

Emmanuel Carrera Ruedas I urge the council consider passing a state of emergency for the city and a 60-day eviction moratorium given the ongoing threats to our most vulnerable populations in our communities due to ICE raids, With the adoption of the proclamation for National Preparedness Month, I hope that the city takes its own steps to reinforce the commitment to preparedness by taking action by expanding protections for residents before a deeper emergency occurs.

Alessandro Hall My name is Alessandro and I am submitting a comment to urge the council members to declare a state of emergency and protect our community, such as renters, business owners, and the community at large. These raids are not just a matter of immigration enforcement; they are a direct attack on the stability and well-being of our entire city. Families are living in constant fear. Declaring a state of emergency would acknowledge the severity of this crisis and provide Cudahy with the necessary tools and resources to protect our most vulnerable residents. We must act proactively to prevent further devastation. Please stand with your constituents and take this vital step to safeguard our community. As a resident of SELA, I am witnessing the fear, anxiety, and uncertainty in my community every day. We must do everything in our power to protect our neighbors during this difficult time, including our children who are just returning back to school. I urge the Cudahy City Council to declare a state of emergency and vote for a 60-day emergency moratorium on evictions. Thank you!

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes shared his participation in the National Night Out event, was sworn in to the Metro Service Council, attended the Downey Pride Festival, the Back-toSchool event, and the LA Food Bank. He also requested two Ad-Hoc committees, one for the Lugo Teen Center to explore a 2-story teen center and another for the Casino project.

Council Member Gomez expressed deep grief regarding recent loss of life in the community. She shared her excitement on the pavement project moving forward, the addition of a newly added bus shelter with shade, and highlighted a friend from the City of Bell who started an informal SELA book club. She also shared her sympathy with homeowners, expressed her support for a 60-day moratorium, and requested staff to

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City Council/Successor Agency Minutes of 08/19/2025 Page 5 of 11 research State bills that would enforce stricter ICE regulations. She asked for follow-up with Inclusive Action regarding providing signage for small businesses to protect immigrant communities.

Council Member Lomelí echoed her colleagues’ sentiments, thanked the public for their comments, and shared her support for renters. She requested a meeting with staff to discuss rental protections and highlighted the back-to-school season, expressing gratitude for all the support. She asked for recognition of the support group at a future City Council meeting, requested updates on trash on Park Avenue, shared Flora Street changes with the City of Bell, and considered the need for signage. She also requested an update on the divestment policy and suggested revisiting the policy.

Vice Mayor Gonzalez commented on the recent loss of life and mentioned submitting a grant for case management to support youth and families. She also addressed parking issues, appreciated all public speakers, and suggested holding an information session to discuss costs, renter protections, and homeowner concerns. She proposed creating a program to support renters and small property owners and directed staff to review the budget to identify non-essential items that could be redirected to assist residents paying rent or small landlords.

Mayor Alcantar Loza requested to pursue tenant Legal Aid, Cudahy is the first city in SELA to reach functional zero homelessness, great updates related to the bus shelter shade, shared a previous experience on a walking audit with elementary school, spoke on public safety and shared all members of the City Council have met with the Sheriff regarding public safety programs, and thanked everyone attending.

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Gomez motioned to waive full reading of resolutions and ordinances, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
Council Member Lomelí requested to pull item 12G.

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City Council/Successor Agency Minutes of 08/19/2025 Page 6 of 11

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of July 1, 2025, for the Special Meeting and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for July 1, 2025.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of July 2025 Presented by the Interim Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of July 2025 in the amount of $9,538,870.93.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of July 2025
Presented by the Interim Finance Director
Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $5,348,611.40, including the Statement of Investments for the month of July 2025.

D. Proclamation - National Preparedness Month
Presented by Assistant to the City Manager
Recommendation: The City Council is requested to receive and file the Annual Emergency Preparedness Update, which outlines the City of Cudahy’s recent accomplishments, ongoing initiatives, and strategic planning efforts to strengthen local disaster resilience, coordination, and emergency response readiness.

E. Receive and File Annual Emergency Preparedness Update Presented by Assistant to the City Manager
Recommendation: The City Council is requested to receive and file the Annual Emergency Preparedness Update, which outlines the City of Cudahy’s recent accomplishments, ongoing initiatives, and strategic planning efforts to strengthen local disaster resilience, coordination, and emergency response readiness.

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City Council/Successor Agency Minutes of 08/19/2025 Page 7 of 11 F. Update Consideration to Authorize the City Manager to Enter into a Memorandum of Understanding Between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Proposition A Discretionary Incentive Grant Program
Presented by Senior Engineer
Recommendation: The City Council is requested to consider authorizing the City Manager to enter into a Memorandum of Understanding between the City of Cudahy and the Los Angeles County Metropolitan Transportation Authority for the Proposition A Discretionary Incentive Grant Program.

G. Consideration to Appoint Erica Dominguez to the Planning Commission Presented by City Clerk
Recommendation: The City Council is requested to:

1. Remove Elias Zepeda from the Planning Commission; and

2. Appoint Erica Dominguez to the Planning Commission, Council Member Fuentes's appointment.

Motion: Council Member Lomelí motioned to pull item 12G to a future meeting for future discussion and approved the remaining Consent Calendar as is, seconded by Council Member Gomez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

13. PUBLIC HEARING
A. Public Hearing to Receive Testimony and Written Protests related to the Solid Waste Fee Adjustment and Third Amendment to the Contract Services Agreement with Consolidated Disposal Service LLC, dba Republic Services, in Compliance with SB 1383
Presented by the Assistant to the City Manager
Recommendation: The City Council is recommended to open the public hearing and receive public comment, testimony, and any written protests related to the solid waste fee adjustment and third amendment to the contract services agreement with Consolidated Disposal Service LLC, dba Republic Services, in compliance with SB 1383 and receive and file the presentation by City staff.

At 8:16 p.m. Mayor Alcantar Loza opened public comment.

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City Council/Successor Agency Minutes of 08/19/2025 Page 8 of 11 Public Comments:

Bill Garcia questioned the third bin and mentioned that they are smaller.

Maria expressed her disappointment with the increase, requested the senior citizen form for a discount, and questioned how to reach those that are not on social media.

She suggested using a mailer.

Patricia suggested getting quotes from other trash companies, expressed that she does not want any more increases, and commented on the trash bins downsizing.

Sara questioned the trash bin pickup process, shared her experience with one of her tenants, and asked if tenants can be fined for not following the process.

Resident expressed frustration with the increase and the poor service the company provides.

Susie stated that she understands the increase but is dissatisfied with the service the trash company provides.

At 8:34 p.m. Mayor Alcantar Loza closed public comment.

Motion: Mayor Alcantar Loza motioned to receive and file the public comment, testimony, and any written protests related to the solid waste fee adjustment, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None

14. BUSINESS SESSION
A. Approval of a Professional Services Agreement with Risk Management Professionals for Hazard Mitigation Planning Services (Local Hazard Mitigation Plan) – ITEM

REMOVED
B. Adoption of Resolution No. 25-48, Approving the “Public Health for All” Initiative and Directing Staff to Begin Phased Implementation of Its Components Presented by Assistant to the City Manager
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.

Page 18 of 279 ends

City Council/Successor Agency Minutes of 08/19/2025 Page 9 of 11 Motion: Council Member Gomez motioned to adopt Resolution No. 25-48, approving the “Public Health for All” Initiative and directing staff to begin phased implementation of its components, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
C. Adoption of Resolution No. 25-49, Requiring Translation of All Written Communications to Residents from English into Spanish
Presented by the City Clerk
Recommendation: The City Council is requested to adopt Resolution No. 25-49, requiring translation of all written communications to residents from English into Spanish.

Motion: Mayor Alcantar Loza motioned to pull this item for the next City Council meeting, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
D. Discussion and Adoption of Resolution No. 25-50, Urging Federal Representatives Advocate for Residents; Directing Staff to Submit Freedom of Information Act Requests to U.S. Immigration and Customs Enforcement for Records Related to Immigration Enforcement Activity; Committing to Providing Accurate Information; and Calling Community Members and Organizations to Action
Presented by the City Clerk
Recommendation: The City Council is requested discuss and adopt Resolution No. 25- 50 urging Federal representatives to advocate for residents; directing staff to submit Freedom of Information Act requests to U.S. Immigration and Customs Enforcement for records related to immigration enforcement activity; committing to providing accurate information; and calling community members and organizations to action.

Motion: Council Member Lomelí motioned to adopt Resolution No. 25-50 urging Federal representatives to advocate for residents; directing staff to submit Freedom of Information Act requests to U.S. Immigration and Customs Enforcement for records related to immigration enforcement activity; committing to providing accurate information; and calling community members and organizations to action, seconded by Vice Mayor C.

Gonzalez. Motion passed 5-0 by the following roll call vote:

Page 19 of 279 ends

City Council/Successor Agency Minutes of 08/19/2025 Page 10 of 11 AYES: Fuentes, Gomez, Lomelí, Gonzalez and Alcantar Loza NOES: None
ABSENT: None
ABSTAIN: None
E. Discussion and Direction Regarding the Landscaping and Lighting District Assessment. ITEM PULLED
Presented by the City Clerk
Recommendation: The City Council is requested to discuss and provide direction to begin the process for reconsideration of the Landscaping and Lighting District Assessment.

15. COUNCIL DISCUSSION – NONE
At 9:01 p.m., City Attorney, Stephanie Arechiga recessed to closed session.

16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54957.6(a) – Conference with Labor Negotiator Regarding Represented Employees City’s Designated Representative(s) for Negotiations: City Manager Alfonso Noyola Employee Organization: Cudahy Miscellaneous Employees Association (CMEA)
B. Closed Session Pursuant to Government Code Section 54957(b)(1) – Public Employee Recruitment Title of Position Under Consideration: City Manager C. Closed Session Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator
City’s Designated Representative: Stephanie Arechiga, City Attorney Unrepresented Employee – Title: Interim City Manager
D. Closed Session Pursuant to Government Code Section 54956.8-Conference with Real Property Negotiators
Property: APN 6224-018-007
Agency Negotiator: City Manager, Alfonso Noyola
Negotiating Parties: Primestor Development, Inc.

Discussion regarding price and terms
At 10:33 p.m., Mayor Alcantar Loza reconvened to open session.

Page 20 of 279 ends

City Council/Successor Agency Minutes of 08/19/2025 Page 11 of 11

17. CLOSED SESSION ANNOUNCEMENT
City Attorney Stephanie Arechiga announced that all five council members were present for all closed session items and there was no further reportable action.

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 10:56 p.m.

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

Page 21 of 279 ends

Attachment
B

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Page 23 of 279 ends

Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Juan Arauz/Richard Iglesias Interim City Managers By: Charles Ortiz, Acting Finance Director
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of September 2025

RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of September 2025 in the amount of $7,538,870.93.

BACKGROUND

1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.

2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.

3. On September 1, 2025, the balance in LAIF was $7,538,870.93 (See Attachment).

4. On September 30, 2025, the balance in LAIF was $7,538,870.93 (See Attachment).

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

Page 25 of 279 ends

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 2 of 2
Treasurer’s Office investment staff at no additional cost to the taxpayer.

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

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

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

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

FINANCIAL IMPACT
None

ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance.

Page 26 of 279 ends

LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of September 01, 2025 $7,538,870.93 LAIF Interest earned 0
Transfer from City operating account 0
Transfer to City operating account 0
Ending Balance as of September 30, 2025 $ 7,538,870.93
Attachment A Page 27 of 279
Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Juan Arauz/Richard Iglesias Interim City Managers By: Charles Ortiz, Acting Finance Director
Subject: Approval of the City Demands and Payroll Including Statement of Investment for the Month of September 2025

RECOMMENDATION
The City Council is requested to approve the Demands and Payroll in the amount of $3,404,130.55, including the Statement of Investments for the month of September 2025.

BACKGROUND

1. On December 13, 1993, Ordinance 476 was adopted and codified as Cudahy Municipal Code Section 3.04.080 indicating, "Except as otherwise provided, no warrant shall be drawn, or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."

2. During the month, the Finance Department completed the following demands and payroll:

A/P Demands $2,921,307.68
Payroll $482,822.87
Total: $3,404,130.55
Attachment A
Attachment B
Item Number
12C

Page 29 of 279 ends

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 2 of 2

ANALYSIS
The Check Register Report (Attachment A), Payroll Warrants including payroll taxes and insurance premiums (Attachment B), Statement of Investment (Attachment C) indicate that the cash and investment balance was sufficient for disbursements for the month, a summary of cash received and disbursed by month during Fiscal Year (FY) 2024-25 (Attachment D), and a summary of cash received and disbursed by month during FY 2023-24 (Attachment E).

Cudahy Municipal Code Section 3.04.070 indicates, "Budgeted demands paid by warrant prior to audit by the council shall be presented to the council for ratification and approval..."

CONCLUSION
The Finance Director certifies the accuracy and availability of funds for payment. A Demand/Warrant Register has been submitted to the City Council for approval in accordance with Cudahy Municipal Code Section 3.04.070.

STRATEGIC PLAN CORRELATION
Goal (Financial Stability and Transparency)
• Provide regular updates to the City Council and Community about the City’s finances.

FINANCIAL IMPACT
The Statement of Investments Report (Attachment C) indicates that there are sufficient funds within the City’s holdings to meet the City’s cash flow requirements.

ATTACHMENTS
A. Accounts Payable Check Register Report.

B. Payroll Warrants including payroll taxes and insurance premiums.

C. Statement of Investments
D. Summary of Cash Receipt / Disbursement by Month FY 2025-26 E. Summary of Cash Receipt / Disbursement by Month FY 2024-25 F. Credit Card Payment Detail paid during the month.

Page 30 of 279 ends

10/1/2025 12:10:49 PM Page 1 of 4
Check Report
City of Cudahy By Check Number
Date Range: 09/01/2025 - 09/30/2025
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: WF Checking-WF Checking
2378-3 8330 ATLANTIC AVE INC 09/10/2025 Regular 0.00 819.33 57228 7995 AMERICAN CITY PEST & TERMITE 09/10/2025 Regular 0.00 490.00 57229 10896 Anaheim Lawnmower Shop 09/10/2025 Regular 0.00 1,086.30 57230 10595 ARAMSCO INC 09/10/2025 Regular 0.00 2,587.96 57231 0057-4 AT & T 09/10/2025 Regular 0.00 449.12 57232
11145 Byrom-Davey, Inc. 09/10/2025 Regular 0.00 20,057.64 57233 0059-2 CALPERS FINANCIAL REPORTING & 09/10/2025 Regular 0.00 350.00 57234 0186 COUNTY OF LOS ANGELES DEPT OF ANIMAL CARE & CONTROL 09/10/2025 Regular 0.00 39,790.17 57235 2514-1 COUNTY OF LOS ANGELES DEPT OF AUDITOR - CONTROLLER 09/10/2025 Regular 0.00 458.61 57236 11165 Daniela Trujillo 09/10/2025 Regular 0.00 76.75 57237 10433 ELECNOR BELCO ELECTRIC, INC. 09/10/2025 Regular 0.00 11,563.64 57238 10949 Electric Car Sales and Service, Inc. 09/10/2025 Regular 0.00 715.25 57239 10485 ENTERPRISE FM TRUST 09/10/2025 Regular 0.00 4,614.56 57240 6087 FIRST AMERICAN DATA TREE 09/10/2025 Regular 0.00 198.00 57241 5532 FLAGTIME U.S.A. 09/10/2025 Regular 0.00 746.93 57242 10876 Foster & Foster, Inc. 09/10/2025 Regular 0.00 3,250.00 57243 10130 GWMA GATEWAY WATER MNGT AUTHORITY 09/10/2025 Regular 0.00 37,593.50 57244 11208 Katherine Godbey 09/10/2025 Regular 0.00 7,875.00 57245 0197 LA COUNTY SHERIFF'S DEPARTMENT 09/10/2025 Regular 0.00 414,367.26 57246 10868 Language Network, Inc. 09/10/2025 Regular 0.00 2,112.50 57247 10598 LEAF 09/10/2025 Regular 0.00 477.67 57248
11108 Los Angeles Regional Ineroperable Communication System Authority 09/10/2025 Regular 0.00 80.00 57249 10332 SEQUEL CONTRACTORS, INC. 09/10/2025 Regular 0.00 1,261,633.83 57250 11174 Simgel Co, Inc. 09/10/2025 Regular 0.00 526,573.79 57251 10853 SWA Group, Inc. 09/10/2025 Regular 0.00 71,347.12 57252 0079 TRACT 180 WATER COMPANY 09/10/2025 Regular 0.00 6,833.29 57253 10745 TRAVELERS 09/10/2025 Regular 0.00 27,421.70 57254 11181 Urban Restoration Group US Inc. 09/10/2025 Regular 0.00 4,080.77 57255 5695 VISTA PAINT 09/10/2025 Regular 0.00 1,692.03 57256 2208 WEST COAST ARBORISTS, INC. 09/10/2025 Regular 0.00 4,278.00 57257 9951 WILLDAN 09/10/2025 Regular 0.00 -8,407.25 57258
9951 WILLDAN 09/10/2025 Regular 0.00 8,407.25 57258
10735 YUNEX, LLC. 09/10/2025 Regular 0.00 783.25 57259
2378-3 8330 ATLANTIC AVE INC 09/24/2025 Regular 0.00 1,242.89 57260 11036 ACC Business 09/24/2025 Regular 0.00 442.63 57261 1778 ALL CITY MANAGEMENT INC 09/24/2025 Regular 0.00 1,221.99 57262 7995 AMERICAN CITY PEST & TERMITE 09/24/2025 Regular 0.00 490.00 57263 11184 Angela Hernandez 09/24/2025 Regular 0.00 25.00 57264 10595 ARAMSCO INC 09/24/2025 Regular 0.00 389.85 57265
9966 AT & T LONG DISTANCE SERVICE 09/24/2025 Regular 0.00 50.20 57266 8021 AT & T MOBILITY 09/24/2025 Regular 0.00 2,523.01 57267 11257 Berenice Pereda 09/24/2025 Regular 0.00 25.00 57268 11256 Bertha Diaz 09/24/2025 Regular 0.00 200.00 57269
11209 California Building Officials 09/24/2025 Regular 0.00 480.00 57270 11255 California Park & Recreation Society, Inc. 09/24/2025 Regular 0.00 555.00 57271 10520 CASTRO DISCOUNT TIRES INC 09/24/2025 Regular 0.00 20.00 57272 4546 CENTRAL BASIN MUNICIPAL WATER 09/24/2025 Regular 0.00 235.77 57273 0136 CITY OF SOUTH GATE 09/24/2025 Regular 0.00 75.00 57274 1206 COUNTY OF LOS ANGELES IND WAST DEPT OF PUBLIC WORKS 09/24/2025 Regular 0.00 538.17 57275 10872 CSLM Construction, Inc. 09/24/2025 Regular 0.00 2,580.00 57276 10779 Cynthia Gonzalez 09/24/2025 Regular 0.00 189.00 57277 10072 DEPARTMENT OF TOXIC SUBSTANCES 09/24/2025 Regular 0.00 277.06 57278 11245 Diana De La Torre 09/24/2025 Regular 0.00 47.50 57279 10744 EDDIE C. TORRES JR. 09/24/2025 Regular 0.00 295.00 57280 Attachment A Page 31 of 279
Check Report Date Range: 09/01/2025 - 09/30/2025
10/1/2025 12:10:49 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 11182 El Camino Property Management Services 09/24/2025 Regular 0.00 2,910.00 57281 10564 ELIZABETH ALCANTAR 09/24/2025 Regular 0.00 189.00 57282 10887 Estefania Zamora 09/24/2025 Regular 0.00 20.93 57283 6086 EWING INC 09/24/2025 Regular 0.00 1,290.09 57284
10581 FIESTA TAXI COOPERATIVE INC. 09/24/2025 Regular 0.00 19,556.02 57285 2712 GEORGE A. PEREZ 09/24/2025 Regular 0.00 614.08 57286 11077 Jose de Santiago 09/24/2025 Regular 0.00 534.24 57287 11258 Jose Garces 09/24/2025 Regular 0.00 25.00 57288
11246 Jose Ovidio Romero 09/24/2025 Regular 0.00 1,640.00 57289 10798 Justin Moreno 09/24/2025 Regular 0.00 150.00 57290 10694 KIMLEY-HORN AND ASSOCIATES,INC 09/24/2025 Regular 0.00 3,786.62 57291 10598 LEAF 09/24/2025 Regular 0.00 1,071.81 57292
5411 LIEBERT CASSIDY WHITMORE LAW CORPORATION09/24/2025 Regular 0.00 10,183.00 57293 10721 LOOMIS 09/24/2025 Regular 0.00 419.03 57294
1206-6 LOS ANGELES COUNTY FIRE DEPT. 09/24/2025 Regular 0.00 2,108.00 57295 10583 LUCERO'S IRON WORK 09/24/2025 Regular 0.00 1,750.00 57296 10583 LUCERO'S IRON WORK 09/24/2025 Regular 0.00 1,750.00 57297 10655 LUIS AGUILAR 09/24/2025 Regular 0.00 102.00 57298 11143 Martina Ayala 09/24/2025 Regular 0.00 100.00 57299 10567 MCA DIRECT 09/24/2025 Regular 0.00 2,355.04 57300 11119 MG Express 09/24/2025 Regular 0.00 1,050.00 57301 11253 Natalia Management Company, LLC. 09/24/2025 Regular 0.00 2,186.00 57302 7014 NATIONWIDE ENVIRONMENTAL SERVICES INC 09/24/2025 Regular 0.00 11,171.83 57303 10201-1 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP 09/24/2025 Regular 0.00 75,337.60 57304 9717 PCAM, LLC 09/24/2025 Regular 0.00 37,518.00 57305
11259 Petra Zavala 09/24/2025 Regular 0.00 25.00 57306
9737 REGIONAL TAP SERVICE CENTER 09/24/2025 Regular 0.00 158.40 57307 10430 RIGHT OF WAY, INC. 09/24/2025 Regular 0.00 82.31 57308 0069-2 SIEMENS INDUSTRY, INC. 09/24/2025 Regular 0.00 31,107.00 57309 0093-1 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 09/24/2025 Regular 0.00 3,260.00 57310 11260 Susana Urzua 09/24/2025 Regular 0.00 100.00 57311 10827 Teslarian, Inc. 09/24/2025 Regular 0.00 3,200.00 57312 11140 Tolar Manufacturing 09/24/2025 Regular 0.00 3,020.85 57313 9991 TRANSTECH ENGINEERING, INC. 09/24/2025 Regular 0.00 121,781.18 57314 **Void** 09/24/2025 Regular 0.00 0.00 57315
10745 TRAVELERS 09/24/2025 Regular 0.00 1,566.00 57316
2859 UNDERGROUND SERVICE ALERT-SC SOUTHERN CALIFORNIA 09/24/2025 Regular 0.00 84.00 57317 10662 UNEXPECTED ATTRACTIONS 09/24/2025 Regular 0.00 3,400.00 57318 10879 Wedgewood Weddings 09/24/2025 Regular 0.00 5,443.27 57319 2208 WEST COAST ARBORISTS, INC. 09/24/2025 Regular 0.00 1,426.00 57320 11175 Wilcox Bistro, LLC. 09/24/2025 Regular 0.00 2,170.00 57321 9951 WILLDAN 09/24/2025 Regular 0.00 13,299.50 57322
10735 YUNEX, LLC. 09/24/2025 Regular 0.00 15,472.61 57323 10490 CHARTER COMMUNICATIONS 09/10/2025 Bank Draft 0.00 229.99 DFT0001098 10490 CHARTER COMMUNICATIONS 09/10/2025 Bank Draft 0.00 229.99 DFT0001099 10490 CHARTER COMMUNICATIONS 09/10/2025 Bank Draft 0.00 319.99 DFT0001100 2802 SAM'S CLUB 09/10/2025 Bank Draft 0.00 5,915.70 DFT0001101 0070 SOUTHERN CALIFORNIA EDISON 09/10/2025 Bank Draft 0.00 11,820.61 DFT0001102 0070 SOUTHERN CALIFORNIA EDISON 09/10/2025 Bank Draft 0.00 73.36 DFT0001103 0070 SOUTHERN CALIFORNIA EDISON 09/10/2025 Bank Draft 0.00 32.28 DFT0001104 0070 SOUTHERN CALIFORNIA EDISON 09/10/2025 Bank Draft 0.00 22.59 DFT0001105 0070 SOUTHERN CALIFORNIA EDISON 09/10/2025 Bank Draft 0.00 1,314.08 DFT0001106 10643 STATE COMPENSATION INS FUND 09/10/2025 Bank Draft 0.00 19,804.54 DFT0001107 10603 ADVANCED IMAGING SOLUTIONS 09/24/2025 Bank Draft 0.00 699.91 DFT0001114 10640 AMAZON CAPITAL SERVICES, INC. 09/24/2025 Bank Draft 0.00 770.44 DFT0001115 10490 CHARTER COMMUNICATIONS 09/24/2025 Bank Draft 0.00 319.99 DFT0001116 10490 CHARTER COMMUNICATIONS 09/24/2025 Bank Draft 0.00 229.99 DFT0001117 10490 CHARTER COMMUNICATIONS 09/24/2025 Bank Draft 0.00 229.99 DFT0001118 10490 CHARTER COMMUNICATIONS 09/24/2025 Bank Draft 0.00 975.00 DFT0001119 0126-1 GOLDEN STATE WATER COMPANY 09/24/2025 Bank Draft 0.00 6,083.11 DFT0001120 10053 HAULAWAY STORAGE CONTAINERS 09/24/2025 Bank Draft 0.00 89.04 DFT0001121

Page 32 of 279 ends

Check Report Date Range: 09/01/2025 - 09/30/2025
10/1/2025 12:10:49 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 2724 HOME DEPOT CREDIT SERVICES 09/24/2025 Bank Draft 0.00 6,702.77 DFT0001122 0070 SOUTHERN CALIFORNIA EDISON 09/24/2025 Bank Draft 0.00 5,230.15 DFT0001123 0070 SOUTHERN CALIFORNIA EDISON 09/24/2025 Bank Draft 0.00 13.96 DFT0001124 0070 SOUTHERN CALIFORNIA EDISON 09/24/2025 Bank Draft 0.00 6,777.77 DFT0001125 0070 SOUTHERN CALIFORNIA EDISON 09/24/2025 Bank Draft 0.00 3,700.98 DFT0001126 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code WF Checking Summary
Bank Drafts
EFT's
95 0
2 23
0 0.00

0.00 0.00

0.00 0.00
120 0.00
Payment
2,858,128.70

0.00 -8,407.25
71,586.23

0.00 2,921,307.68
Payable
Count
146
0 0
24 0
170

Page 33 of 279 ends

Check Report Date Range: 09/01/2025 - 09/30/2025
10/1/2025 12:10:49 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
95 0
2 23
0 0.00

0.00 0.00

0.00 0.00
120 0.00
2,858,128.70

0.00 -8,407.25
71,586.23

0.00 2,921,307.68
146
0 0
24 0
170
Fund Name Period Amount
Fund Summary
998 Pooled Cash 9/2025 2,921,307.68
2,921,307.68

Page 34 of 279 ends

City Mgr
09/11/25 09/22/25 09/30/25 Total
Payroll Check Issued 99.20 180.02 - 279.22
(a) Direct Deposits 122,592.84 125,035.56 33,605.66 281,234.06 (b) ICMA & Union Dues 1,750.94 1,728.64 - 3,479.58
(c) CalPERS Ret & 457 Plan 27,013.44 26,155.69 - 53,169.13 (d) Payroll taxes 27,851.65 30,389.53 4,674.21 62,915.39 (e) CalPERS Medical 72,147.82 - - 72,147.82
(f) Medical 4,776.58 1,598.59 3,222.50 9,597.67
Total Amount 256,232.47 185,088.03 41,502.37 482,822.87 (a) Employees / Council Members / Commissioners
(b) ICMA & Union Dues
(c) CalPERS Retirement & 457 Plan
(d) Federal / State payroll taxes and unemployment
(e) CalPERS Medical (active and retired)
(f) Medical Insurance - Active and Retired employees

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

Attachment B Page 35 of 279
Type Issuer Amount % of Total
Deposit - 4588 Wells Fargo 1,247,173.70 8.29%
Checking - 7128 Wells Fargo 918,215.65 6.10%
Payroll - 4570 Wells Fargo 300,003.19 1.99%
Pooled Savings State Local Agency 7,538,870.93 50.12%
Investment Fund (LAIF)
10,004,263.47
Money Market Account Bank of New York (BNY) (a) 9,474.77 0.06% Successor Agency - 0688 Wells Fargo 5,027,755.58 33.43% 5,037,230.35
Total 15,041,493.82 100.00%
Pursuant to California Government Code Section 53646(b), I hereby certify that all investments held by the Authority are in compliance with state law and the agency's Statement of Investment Policy, and that there are sufficient funds within the agency's investment holdings to meet the Authority's cash flow requirements for the next six (6) months.

Respectfully submitted,
Acting Finance Director

CITY OF CUDAHY
Statement of Investments
September 30, 2025
Attachment C Page 36 of 279
Month
Receipts Disbursement
July 2025 $ 543,425.68 $ 5,348,611.40 (a)
August 2025 3,174,021.37 1,490,136.26
September 2025 4,881,824.99 3,404,130.55
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
June 2026
Total: $ 8,599,272.04 10,242,878.21
Note (a) - Capital Project $1.573M, Sheriff $1.186M (3 months) Keenan (Ins), and CalPERS Unfunded Liability $641K.

Month
Cash Receipts Disbursement
July 2025 $ 481,146.70 $ 3,109,340.64 (1)
August 2025 1,555,890.77 854,330.70
September 2025 893,981.52 1,114,641.27
October 2025
November 2025
December 2025
January 2026
February 2026
March 2026
April 2026
May 2026
June 2026
Total: $ 2,931,018.99 $ 5,078,312.61
Note (a) - Sheriff $1.186M (3 months) Keenan (Ins), and CalPERS Unfunded Liability $641K.

All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2025-2026 Attachment D Page 37 of 279
Month
Receipts Disbursement
July 2023 $ 1,698,263.55 $ 2,043,188.80 (a)
August 2023 1,570,904.87 3,148,357.16 (b)
September 2023 1,125,855.21 1,693,834.27
October 2023 1,259,614.45 848,009.43
November 2023 1,061,252.71 1,514,985.44
December 2023 770,294.89 1,120,942.42
January 2024 3,400,198.28 (c) 2,880,738.20 (d)
February 2024 1,189,496.91 1,382,500.65
March 2024 846,479.31 1,818,213.76 (e)
April 2024 1,764,923.25 1,399,214.40
May 2024 2,994,309.17 (f) 1,090,538.63
June 2024 1,114,305.30 1,906,535.54
Total: $ 18,795,897.90 20,847,058.70
Note (a) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (b) - Includes $1,893,444 to Siemens Industries
Note (c) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (d) - Includes $1,141,928 paid to LA County Sheriff - 3 invoices Note (e) - Includes $158,445 paid to National Auto Fleet - vehicle Note (f) - Includes $1,786,952 in Motor Vehicle In-lieu receipt Month
Cash Receipts Disbursement
July 2023 $ 913,951.26 $ 1,604,912.00 (1)
August 2023 1,069,666.17 2,784,467.93 (2)
September 2023 797,120.38 1,543,754.51
October 2023 759,320.17 710,945.37
November 2023 632,862.51 1,244,543.67
December 2023 526,471.62 679,307.44
January 2024 2,671,465.70 (3) 2,421,667.28 (4)
February 2024 740,080.40 1,107,319.93
March 2024 563,376.03 1,261,506.18
April 2024 1,187,411.21 1,169,015.14
May 2024 2,640,204.13 (5) 567,429.42
June 2024 872,580.09 1,373,988.45
Total: $ 13,374,509.67 $ 16,468,857.32
Note (1) - City liab. & workers comp insurance, and PERS unfunded pension liab.

Note (2) - Includes $1,893,444 to Siemens Industries
Note (3) - Includes $1,786,952 in Motor Vehicle In-lieu fees Note (4) - Includes $158,445 paid to National Auto Fleet - vehicle Note (4) - Includes $1,786,952 in Motor Vehicle In-lieu receipt.

All Funds
General Fund
City of Cudahy
Summary of Cash Receipt/Disbursement by Month - FY 2023-2024 Attachment E Page 38 of 279
Supplier - Name Amount G/L Acct
Knotts Berry Farm Online 4,170.00 Knott's Berry Farm Excursion. October 25.

Dmi* Dell Bus Online 3,302.69 Office computer purchase
Idrive.Com 855-8158706 3,250.00 Idrive subscription
In *williams Scotsman, In 2,821.68 rental fencing invoice # 11079 Royal Truck Body 2,375.48 Internal master lock for unit #8 Rcx*mlsgo 2,052.68 Uniforms for the youth soccer program.

Wayland Baptist Univ 1,885.53 Emergency Preparedness/Management Certification Hotelcom73198019618034 1,364.27 ICMA hotel
Htl*montereyplazah 1,333.43 Hotel for K. Cornejo to attend APA Conference Fsp*cindys Jumpers, Llc 1,275.14 Deposit for Jumper rentals - Halloween Event Paypal 1,190.00 costs of consultants for recruitment postings: Position City Manager Sq *agua Y Salud 1,157.20 Water Delivery to City Facilities United Rentals 13166 1,097.67 portable restrooms reservation #7040472 American Air 1,045.14 american airlines ICMA
Fedex Offic10200010249 835.82 legislative platform print out Msft * E0300xahlb 815.19 Microsoft subscription
Apa 813.00 APA and AICP membership.

Icma Online 800.00 costs of consultants for recruitment postings: Position City Manager The Ups Store 5391 711.00 live scans for volunteers
Sp Backpacks Usa 703.94 signage for Lugo soccer field
Monterey Plaza Hotel 690.68 Hotel accommodations for Jessica Guillen to attend APA Conference Adobe *800-833-6687 575.76 Adobe monthly subscription
Reproxmedia Inc 569.08 mesh banner and services invoice # 4202 Vivint Inc/Us 522.85 Alarm company
Crown Awards Inc 517.80 citizen academy crystals
Alaska Air 456.60 Travel and meetings
Kc Refrigeration 432.56 Equipment Maintenance
Catalina Island Co Atw 426.34 Travel and meetings
Careersingo 399.00 Contractual
Vistaprint 351.17 Special Projects
Msft * E0300xajmg 330.00 Subscription
Ferguson Ent 1456 319.13 Building Materials
Urban History Associat 305.00 Training and Education
Western City Magazine 300.00 Contractual
Hotelcom73199366762231 263.67 Travel and meetings
Pip Printing Riverside 257.55 Contractual
California City News 225.00 Contractual
Samsclub.Com 222.60 Office Supplies
Neogov 199.00 Contractual
Homedepot.Com 198.50 Office Supplies
California Park & Recr 189.00 Travel and meetings
El Pollo Dorado 2 183.69 Office Supplies
Gala Printing 176.40 Recreation Supplies
Conchitas # 2 170.07 Office Supplies
In *pro Backflow Testing 170.00 Special Projects
Sams Club #6626 167.98 Special Event
The Copy Place 155.93 Office Supplies
Www.Superbrightleds.Co 149.22 Building Materials
Business.Apple.Com 146.51 Contractual
Grammarly Co 144.00 Office Supplies
The Home Depot #6627 135.71 Recreation Supplies
Ride Share* Pts Res128 132.43 Special Projects
Samsclub #4735 116.44 Office Supplies
Sq *pacific Printing 111.10 Special Projects
Caceo 100.00 Professional Membership
Sp Arcmate Mfg Corp 95.04 Park Maintenance & Supplies
Cudahy 89.94 Vehicle Maintenance
Benihana Downey 87.75 Travel and meetings
Amazon Mktpl 85.36 Office Supplies
Fh* Catalina Express 85.00 Travel and meetings
Smart And Final 319 78.85 Meeting/Conference Supplies
Tgif 4216 78.56 Travel and meetings
Target 00002279 73.72 Office Supplies
Cudahy Sinclair 67.15 Vehicle Maintenance
Cheapairportparking 64.54 Travel and meetings
Socialwick 64.29 Advertising
Remotepc 818-275-5909 60.00 Contractual
Hilton Tropics Bar 58.26 Travel and meetings
Zoom.Com 888-799-9666 57.63 Office Supplies
El Pescador 7 53.00 Travel and meetings
Wm Supercenter #3180 52.38 Office Supplies
Www.Gomsa.Net 51.50 Training and Education
Fedex 46.36 Postage
Bjs Restaurants 490 46.00 Travel and meetings
Delicias De Mexico 40.27 Travel and meetings
Harbor Freight Tools2936 39.76 Park Maintenance & Supplies Msft * E0300xahlz 32.00 Subscription
Target 00001909 31.52 Office Supplies
Usps Po 0505780402 31.40 Postage
Target.Com 28.87 Recreation Supplies
Cvs/Pharmacy #08858 22.70 Special Event
Usps Po 0505760417 21.05 Office Supplies
Oreilly 3574 20.83 Vehicle Maintenance
Openai *chatgpt Subscr 20.00 Subscription
Lyft *ride Tue 11am 18.91 Travel and meetings
Hotelbooking 17.99 Travel and meetings
Target 00021790 16.45 Office Supplies
Corner Express 16.28 Travel and meetings
Msft * E0300xajmh 16.00 Subscription
Msft * E0300xfdg5 12.50 Subscription
Autozone #5371 11.04 Vehicle Maintenance
Agaserviceco Mar Tt 11.00 Travel and meetings
Target 00014183 10.75 Office Supplies
Currency Conversion Fee 0.65 Advertising
Apa Ca* Apa California (58.75) Training and Education
American Ai (193.18) Travel and meetings
Sq *naleo Educational Fun (350.00) Travel and meetings
43,924.00

CITY OF CUDAHY
Credit Card Payment Detail
Aug 01, 2025 to Aug 31, 2025 paid on Sep 08, 2025

Page 1 of 1 ends

Attachment F Page 39 of 279
Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/City Council/Agency Members
From: Juan Arauz/Richard Iglesias Interim City Managers By: Raul Diaz, Public Works Director
Subject: Second Reading of Ordinance No. 761, Approving the City’s Membership in Clean Power Alliance of Southern California

RECOMMENDATION
The City Council is requested to adopt the attached ordinance (Attachment “A”) approving a Joint Powers Agreement (Attachment “B”) to enter and participate in the Clean Power Alliance of Southern California (“CPA”), implementing a Community Choice Aggregation (“CCA”) program.

BACKGROUND
The City of Cudahy has been actively investigating options to provide electric power services to constituents within its service area with the intent of achieving greater local involvement over the provision of electric services and promoting renewable energy at competitive rates.

On September 24, 2002, the Governor signed into law Assembly Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as a CCA. The Act expressly authorizes participation in a CCA program through a joint powers agency.

Through Docket No. R.03-10-003, the California Public Utilities Commission has issued various decisions and rulings addressing the implementation of CCA programs, including a procedure by which the California Public Utilities Commission will review “Implementation Plans," which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act.

Item Number
12D

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 2 of 2

ANALYSIS
CPA offers three tier rates defined by the amount of renewable energy in the portfolio tier:

Lean (40% renewable), Clean (50% renewable), and Green (100% renewable). The City Council will be responsible for establishing the default rate for the City for all customers to be automatically enrolled; all customers will have the option to select their desired renewable energy tier or to opt out of the program.

One of the foundational goals of the 2023 Draft Climate Action and Adaptation Plan (CAAP) is transitioning to 100% renewable energy by 2050; membership in the CPA is identified as a “Top 10 Biggest Bang for Your Buck” key strategy for reaching this foundational goal.

Should the City opt in as a CPA customer, the financial impact on the City’s electricity costs will ultimately be determined by the renewable tier rate selected. While there are no rate guarantees, CPA’s monthly rates, inclusive of Southern California Edison (“SCE”) delivery charges, averaged +/- 5% of SCE’s rates over the last three years, depending on the tier rate.

CONCLUSION
Motion to read the title of the attached ordinance, waive further reading, and introduce the ordinance on a roll call vote; (ii) Authorize implementation of a CCA program; and (ii) Approve the City’s membership in the CPA of Southern California, a Joint Powers Authority.

FINANCIAL IMPACT
There are no direct costs associated with joining the CPA.

ATTACHMENTS
A. Draft Ordinance No. 761 Approving the Joint Powers Agreement for CPA B. CPA Amended and Restated Joint Powers Agreement

Page 42 of 279 ends

ORDINANCE NO. 761

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, APPROVING THE JOINT POWERS

AGREEMENT FOR CLEAN POWER ALLIANCE OF

SOUTHERN CALIFORNIA AND AUTHORIZING THE

IMPLEMENTATION OF A COMMUNITY CHOICE

AGGREGATION PROGRAM
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California (“State”); and
WHEREAS, the City has been actively investigating options to provide electric services to constituents within its service area with the intent of achieving greater local involvement over the provision of electric services and promoting renewable energy at competitive rates; and
WHEREAS, on September 24, 2002, the Governor signed into law Assembly Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act"), which authorizes any California city or county, whose governing body so elects, to combine the electricity load of its residents and businesses in a community-wide electricity aggregation program known as Community Choice Aggregation; and
WHEREAS, the Act expressly authorizes participation in a Community Choice Aggregation (CCA) program through a joint powers agency; and WHEREAS, through Docket No. R.03-10-003, the California Public Utilities Commission has issued various decisions and rulings addressing the implementation of CCA programs, including a procedure by which the California Public Utilities Commission will review “Implementation Plans," which are required for submittal under the Act as the means of describing the CCA program and assuring compliance with various elements contained in the Act; and
WHEREAS, the Clean Power Alliance of Southern California (CPA) is a joint powers authority established pursuant to California Government Code section 6500 et seq. and California Public Utilities Code section 366.2(c) and a Joint Powers Agreement (“Joint Powers Agreement"), which purposes include the following:

To form a Joint Powers Authority known as “Clean Power Alliance of Southern California” (formerly known as “Los Angeles Community Choice Energy Authority”); and
To specify the terms and conditions by which participants may participate as a group in energy programs, including the implementation of a CCA program; and WHEREAS, an Implementation Plan Addendum will be submitted for review and adoption by the CPA Board of Directors; and
Attachment A Page 43 of 279
Ordinance No. 761

Page 2 of 4 ends

WHEREAS, Community Choice Aggregation by and through CPA appears to provide a reasonable opportunity to accomplish all of the following:

To provide greater levels of local involvement in and collaboration on energy decisions;
To increase the amount of renewable energy available to CPA energy customers;
To provide price stability, long-term electricity cost competitiveness and other benefits for the community; and
To reduce greenhouse gas emissions related to the electricity sector; and WHEREAS, the Act requires CCA program participants to individually adopt an ordinance (“CCA Ordinance") electing to implement a CCA program within its jurisdiction by and through its participation in CPA; and WHEREAS, it is in the public's interest and welfare to establish a CCA program within the City; and
WHEREAS, the Joint Powers Agreement expressly allows the City to withdraw its membership in CPA by complying with requirements, liabilities, and obligations specified in Section 8 of the Joint Powers Agreement.

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

SECTION 1. The recitals set forth above are true and correct and are incorporated as though fully set forth herein.

SECTION 2. Based upon the findings and declarations set forth in this ordinance, and in order to provide businesses and residents within the jurisdictional boundaries of the City with a choice of power providers and with the benefits described in the recitals above, the City Council hereby elects to implement a CCA program within the City's jurisdictional boundaries. Upon approval and execution of the Joint Powers Agreement, the City will implement the CCA program by and through the City's participation in CPA.

SECTION 3. That the City Council hereby approves the Joint Powers Agreement and directs that the City proceed with the participation in CPA.

SECTION 4. That the City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.

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Ordinance No. 761

Page 3 of 4 ends

SECTION 5. That this ordinance shall become effective thirty (30) days after its adoption.

SECTION 6. That the City’s membership in the Joint Powers Agreement is contingent upon approval of CPA’s Implementation Plan Addendum by the California Public Utilities Commission (CPUC), and if the CPUC rejects the Implementation Plan Addendum or specifies an enrollment date later than 2027, the City Council may rescind this ordinance on or before November 1, 2026 without being subject to the provisions of Section 8 of the Joint Powers Agreement.

SECTION 7. That the City Council finds that it has the authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the ordinance is consistent with the general powers and purposes of the City.

SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting on this ____ day of _____________ 2025.

Elizabeth Alcantar Loza
Mayor
ATTEST:

Richard Iglesias
City Clerk

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Ordinance No. 761

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 761 was introduced for a first reading on the ___th day of __________2025 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of _________ 2025 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Page 46 of 279 ends

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/7/2025 Page 1 of 2

STAFF REPORT
Date: October 7, 2025
To: Honorable Mayor/City Council/Agency Members
From: Juan Arauz/Richard Iglesias Interim City Managers Subject: Adoption of Ordinance No. 762, by Second Reading Amending Title 1, Chapter 28 of the Cudahy Municipal Code establishing requirements for the Spanish translation of public notices and outreach materials

RECOMMENDATION
The City Council is requested to adopt Ordinance No. 762 (Attachment “A”), establishing requirements for the Spanish translation of public notices and outreach materials by and/or on behalf the City and its consultants/contractors to Cudahy residents and businesses.

BACKGROUND
At the August 19, 2025 regular meeting, the City Council asked staff to prepare an ordinance requiring that City notices and other written materials disseminated to Cudahy residents and businesses be translated into Spanish. The purpose of this request is to ensure that residents and business owners who prefer Spanish as their primary language can understand information sent to them by and/or on behalf the City.

ANALYSIS
While the City has produced Spanish translation of notices in the past, it has not been a consistent requirement. If adopted, the attached ordinance would require that City notices and outreach materials, such as mailed notices and flyers, be translated from English to Spanish before distribution.

If adopted, the ordinance would remove language as a barrier, make it easier for residents to follow City programs and services, and improve response to public notices and outreach materials. Having a municipal code requirement in place gives staff clear direction when preparing materials and reinforces the City’s commitment to reaching all residents in a consistent way.

Item Number
12E

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/7/2025 Page 2 of 2

CONCLUSION
If adopted, the attached ordinance would require that City notices and outreach materials, such as mailed notices and flyers, be translated from English to Spanish before distribution.

STRATEGIC PLAN CORRELATION
Goal F. Communication and Outreach

4. Identify methods to connect with community members, including soliciting input on a regular basis.

FINANCIAL IMPACT
Currently, city staff is able to translate most notices and materials from English to Spanish inhouse. The attached ordinance would also require that contractors and consultants distributing materials on behalf of the City also translate materials from English to Spanish, which most already do. Therefore, the adoption of the attached ordinance is not anticipated to have an impact on the City’s general fund.

ATTACHMENTS
A. Draft Ordinance No. 762

Page 48 of 279 ends

ORDINANCE NO. 762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA AMENDING SECTION 1.28.030
(FILLING DOCUMENTS) OF CHAPTER 1.28 (NOTICES AND
FILINGS) OF TITLE 1 (GENERAL PROVISIONS) AND
ADDING SECTION 1.28.040 OF THE CUDAHY MUNICIPAL

CODE, ESTABLISHING REQUIREMENTS FOR THE

SPANISH TRANSLATION OF PUBLIC NOTICES AND

OUTREACH MATERIALS
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California (“State”); and
WHEREAS, according to the 2020 Census data, the City has a population of 22,811, with 95.9% of the population being Hispanic or Latino; and WHEREAS, the City is comprised of both English and Spanish speakers; and WHEREAS, Spanish translation is essential for all residents to be informed, engaged, and understand community matters; and
WHEREAS, the City Council seeks to ensure that public notices and outreach materials from the City and its consultants/contractors are translated from English into Spanish; and
WHEREAS, on August 19, 2025, the City Council provided direction to prepare an ordinance establishing requirements for citywide notices to be translated in Spanish; and WHEREAS, the City Manager is authorized to make minor editorial updates to the proposed amendment prior to the publication of the code amendments, as long as the City Attorney determines that such changes are not substantial.

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

SECTION 1. The facts set forth in the recital paragraphs above are true and correct and incorporated herein by this reference.

SECTION 2. Section 30 of Chapter 28 of Title 1 of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“1.28.030 Filing documents. Spanish Translation
The mayor, the city clerk, the city manager, and the city attorney are each hereby appointed authorized agents of the city for the filing with such offices and officers of the state and of the county of certified copies of ordinances and resolutions and such other Attachment A Page 49 of 279
Ordinance No. 762

Page 2 of 4 ends

documents as may be required for the proper and efficient conduct of the city’s business. (Ord. 476 § 8. 2002 Code § 2-8.3).

All public notices and outreach materials from the City and its consultants/contractors to Cudahy residents and businesses shall be translated from English to Spanish.”
SECTION 3. Chapter 28 of Title 1 of the Cudahy Municipal Code is hereby amended to include Section 40 which shall read as follows:
“1.28.040 Filing documents.

The mayor, the city clerk, the city manager, and the city attorney are each hereby appointed authorized agents of the city for the filing with such offices and officers of the state and of the county of certified copies of ordinances and resolutions and such other documents as may be required for the proper and efficient conduct of the city’s business.” SECTION 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15061 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

SECTION 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed considering that intent. To the extent the provisions of the Cudahy Municipal Code as recommended for amendment by this Ordinance are substantially the same as the provisions of that Cudahy Municipal Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be

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Ordinance No. 762

Page 3 of 4 ends

published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting on this ____ day of _____________ 2025. ______________________________
Elizabeth Alcantar Loza
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk

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Ordinance No. 762

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 762 was introduced for a first reading on the ___th day of __________2025 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of _________ 2025 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

Page 52 of 279 ends

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/City Council/Agency Members
From: City Attorney’s Office
Subject: Adoption of Ordinance No. 763, by Second Reading Amending Subsection 1 of Section 5.14.040 (For Cause Termination of Tenancy) and Adding Subsection 2 of Section 5.14.040 (For Cause Termination of Tenancy) of Chapter 5.14 (Just Cause Tenant Protections) of Title 5 (Business Licenses and Regulations) of the Cudahy Municipal Code

RECOMMENDATION
The City Council is requested to adopt Ordinance No. 763 (Attachment “A”), amending the For Cause Termination of Tenancy section of Section 5.14.040.

BACKGROUND/ANALYSIS
On June 6, 2023, the City of Cudahy (“City”) adopted Ordinance No. 737, establishing among other things, the “Just Cause Tenant Protections” for residents. Over the last two years the City has seen firsthand the positive impacts of Chapter 5.14 and the protections it provides for residents.

The City seeks to expand the protections provided under Chapter 5.14 (Just Cause Tenant Protections) by establishing a minimum threshold for eviction in cases where a tenant has missed rent. Under the proposed ordinance, a landlord may only initiate an eviction if the amount of rent missed exceeds one month of the fair market rent for the Los Angeles metro area, as determined annually by the U.S. Department of Housing and Urban Development. The ordinance also clarifies the definition of what constitutes a violation of a material term of the rental agreement between landlords and tenants.

CONCLUSION
If adopted, the attached ordinance would establish a minimum threshold for an eviction by landlord of a tenant for unpaid rent and clarifies the definition of a material violation of a rental Item Number
12F

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10/21/2025 Page 2 of 2

agreement.

FINANCIAL IMPACT
There is no financial impact related to adoption of the proposed ordinance.

ATTACHMENTS
A. Draft Ordinance No. 763

Page 54 of 279 ends

ORDINANCE NO. 763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, AMENDING SUBSECTION 1 OF
SECTION 5.14.040 (FOR CAUSE TERMINATION OF
TENANCY) AND ADDING SUBSECTION 2 OF SECTION

5.14.040 (FOR CAUSE TERMINATION OF TENANCY) OF
CHAPTER 5.14 (JUST CAUSE TENANT PROTECTIONS) OF
TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF

THE CUDAHY MUNICIPAL CODE
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California (“State”); and
WHEREAS, on June 6, 2023, the City adopted Ordinance No. 737, establishing the “Just Cause Tenant Protections” for residents; and
WHEREAS, over the last two years the City has seen firsthand the positive impacts of Chapter 5.14; and
WHEREAS, the City desires to further expand the protections available under Chapter 5.14 (Just Cause Tenant Protections); and
WHEREAS, the City understands both tenants and property owners need support in trying economic times and has funded programs designed to pay for rental debt and fill the gaps for both tenants and property owners; and
WHEREAS, the City is committed to funding programs that support all members of our community remain housed.

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

SECTION 1. The recitals set forth above are true and correct and incorporated into the body of this Ordinance by this reference.

SECTION 2. Subsections 1(a) and 1(b) of Section 5.14.50 (For Cause Termination of Tenancy) of Chapter 5.14 (Just Cause Tenant Protections) of Title 5 (Business Licenses and Regulations) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
“5.14.050 For Cause Termination of Tenancy
(1) For Cause Termination of Tenancy. A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds:
a. Failure to Pay Rent. The tenant has failed to pay rent to which the landlord is entitled, including amounts due under Section 5.13.100(2)(b); provided, however, that the landlord’s right to evict a tenant lawfully in Attachment A Page 55 of 279
Ordinance No. 763

Page 2 of 5 ends

possession of residential housing under this subdivision is limited to defaults in payment where the amount due exceeds one month of fair market rent for the Los Angeles metro area set annually by the U.S.

Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant. The written notice to the tenant required under this section shall state the number of bedrooms in the tenant’s rental unit.
b. Violation of Material Term of Rental Agreement. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure the violation after having received written notice from the landlord, other than a violation based on:
i. The obligation to surrender possession upon proper notice; or ii. The obligation to limit occupancy, provided that the additional tenant who joins the occupants of the unit thereby exceeding the limits on occupancy set forth in the rental agreement is either the first or second dependent child to join the existing tenancy of a tenant of record or the sole additional adult tenant. For purposes of this section, multiple births shall be considered as one child.

The landlord, however, has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld; or iii. A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. For purposes of this section, a landlord may not unilaterally change the terms of the tenancy under Civil Code Section 827 and then evict the tenant for the violation of the added covenant unless the tenant has agreed in writing to the additional covenant. The tenant must knowingly consent, without threat or coercion, to each change in the terms of the tenancy. A landlord is not required to obtain a tenant’s written consent to a change in the terms of the tenancy if the change in the terms of the tenancy is authorized by Cudahy Municipal Code Section 5.13.050, or if the landlord is required to change the terms of the tenancy pursuant to federal, state, or local law.”
SECTION 3. Section 5.14.050 (For Cause Termination of Tenancy) of Chapter 5.14 (Just Cause Tenant Protections) of Title 5 (Business Licenses and Regulations) of the Cudahy Municipal Code is hereby amended to include Subsection 2 which shall read as follows:
“5.14.050 For Cause Termination of Tenancy
(2) Nothing in this section shall exempt a landlord from providing legally required notice of a change in the terms of the tenancy.”

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Ordinance No. 763

Page 3 of 5 ends

SECTION 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15061 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

SECTION 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code, as amended by this Ordinance, are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.

SECTION 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting on this ____ day of _____________ 2025.

Elizabeth Alcantar Loza
Mayor

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Ordinance No. 763

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ATTEST:

Richard Iglesias
City Clerk

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Ordinance No. 763

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. XXX was introduced for a first reading on the ___th day of __________2025 and approved for a second reading and adopted by said Council at its regular meeting held on the ___ day of _________ 2025 by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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Blank Page

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 2

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Brenda Rodriguez, Community Services Director
Subject: Consideration to Authorize the Interim City Manager to Enter into a Memorandum of Understanding “MOU” Between the City of Cudahy and Elizabeth Learning Center

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

BACKGROUND

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

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

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

4. ELC has a formal internship class for school years 2023-2025. ELC reached out to the city to serve as an internship location for its high school internship class.

5. In January of 2024 the council approved the ELC MOU.

Item Number
12G

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 2 of 2

ANALYSIS
LAUSD provided the attached proposed MOU to the City formalizing a partnership to create internship opportunities between ELC’s Information-Technology Academy and the City. The MOU sets a general overview of the partnership. The internship program details will be developed and formalized by ELC and the City upon approval of this MOU. Council will be updated when the formal internship program has been established and ready for implementation. Students are expected to receive the necessary soft and hard skills needed to develop professionally and learn about the public service profession as well as be compensated at no cost to the City.

The City routed the agreement for approval, and after months of work, the City was unable to comply with insurance requirements.

After months of work with the school and the district, we were able to revise the MOU to continue the partnership. The MOU is unchanged except for lowered insurance requirements that the City can meet.

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

FINANCIAL IMPACT
There is no financial impact by executing this MOU.

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

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

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

NO-COST MEMORANDUM OF UNDERSTANDING

BETWEEN

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

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

PARTIES

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

2. Work Experience Education/CTE/Linked Learning Office (the “Office”) is a District school located at 333 S. Beaudry Ave, Los Angeles, CA 90017.

3. CONTRACTOR NAME: City of Cudahy (“Contractor”)
TYPE OF BUSINESS: City Government
POINT OF CONTACT:

NAME: Brenda Rodriguez
TITLE: Community Service Director
ADDRESS: 5220 Santa Ana St., Cudahy, CA 90201
TELEPHONE: 323-773-5143 x 236
E-MAIL: [email protected]

4. TERM
This MOU shall be effective from March 1, 2025, to February 28, 2030 (“Term”). In no event shall the Term exceed five (5) years. The District may terminate this MOU, with or without cause, at any time upon thirty (30) days prior written notice to the Contractor.

Attachment A Page 63 of 279

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

5. PURPOSE
The purpose of the MOU is to:

Formally establish a partnership between the City of Cudahy and LAUSD CTE/Linked Learning to create internship opportunities for Elizabeth Learning Center students who are enrolled in the Career Technical Education pathways. This partnership will provide students the opportunity to develop positive work habits, attitudes, and job readiness skills through general work experience. The internship will allow students to hone various soft skills and hard skills learned in the academy and will allow students to develop skills necessary to meet present and future employment needs.

6. DUTIES OF THE PARTIES

6.1 District’s Duties. The District will perform the following duties:

6.1.1 The District will identify a management staff member to be the liaison for Contractor and serve as the point of contact for Contractor’s staff members (“District Liaison”). The District Liaison for this MOU is: Michelle Elias, Specialist Work Experience Education Office (CTE/Linked Learning), [email protected], 213-241-7053.

6.1.2 The District will oversee the employment process in collaboration with the LAUSD Personnel Commission, managing the compensation for students engaged in the internship.

6.1.3 The District will furnish employees from City of Cudahy who will supervise participating students with LA Unified program-related policies, such as the Code of Conduct with Students and the Child Abuse and Neglect Reporting Requirements.

6.1.4 The District will conduct orientations for Worksite Supervisors, ensuring they understand and adhere to authorized work hours for minors as per California and Federal Child Labor Laws, covering maximum hours, break times, and other relevant regulations.

6.1.5 The District will verify that all minors under the age of 18 possess valid Work Permits before commencing work.

6.1.6 The District will provide participating students with orientations to familiarize them with their duties (see Exhibit A), work hours, worksite expectations, and emergency procedures, ensuring clear emergencies and evacuation protocols are in place.

6.1.7 The District will handle the payment of wages for working interns.

6.1.8 The District will review information related to interns' work performance with Worksite Supervisors, preparing Performance Evaluations bi-weekly. Monthly evaluations will be discussed with participating students, and additional guidance will be provided to Worksite Supervisors and students if improvements are necessary.

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

6.1.9 The District will address any problems or conflicts arising from a participating student’s job performance during monthly Performance Evaluations, collaborating with Worksite Supervisors to resolve issues promptly.

6.1.10 The District will maintain accurate timesheet records for participating students, verifying the hours and ensuring timesheets are signed by both participating students and Worksite Supervisors before payment. Any alterations to a participating student’s timecard must be initiated by both the Worksite Supervisor and the student.

6.1.11 The District will collect timesheets from participating students promptly and issue paychecks according to verified time records and agency payroll procedures.

6.2 Contractor’s Duties. The Contractor will perform the following duties (“Services”):

6.2.1 The contractor will host interns to receive work experience through tasks that include but are not limited to data research and entry and event marketing. Performing general office work, see Exhibit A, General Administrative Clerk Duties.

6.2.2 City Hall Supervisors will oversee supervisory duties and keep track of any remote deliverables (ex. Flyer creation, social media post) assigned to interns.

6.2.3 City Hall supervisor will provide feedback on time sheets on forms that the district creates and approves the hours students work by the due dates provided by the district.

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

6.2.5 Worksite supervisor will assist the district so that the district can fulfill its duties.

6.2.6 Worksite Supervisors shall provide materials and equipment necessary to perform the duties of the work assignment.

7. CONTRACTOR’S PERFORMANCE OF SERVICES

7.1 In performing the Services, the Contractor will not share any personally identifiable information, personal health information or any other information pertaining to students with any third party. If the Contractor receives student information, the Contractor will follow paragraph 11.5, below.

7.2 Contractor will not collect any student data from the School, students, or their parent(s)/guardian(s). If student data is necessary to provide the Services in this MOU, Contractor will notify the District Liaison to obtain the least amount of information needed.

Contractor will ensure that each student’s parent or guardian will sign the District form, “Parent Authorization for Release/Exchange of Information,” before receiving

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 information, and will give a copy to the District Liaison to allow for coordination of services.

7.3 Contractor shall not take or post to social media or any other media photographs of students or record-students via audio/or video without parent/guardian's prior written consent on a form provided by and/or approved by the District.

7.4 Contractor will be familiar with the District's Crisis Response Protocol, https://www.lausd.org/cms/lib/CA01000043/Centricity/Domain/318/BUL5800%200%20CRISIS%20PREPAREDNESS%20RESPONSE%20AND%20RECOVE RY%20.PDF, and immediately notify a School administrator or the District Liaison if a student is in crisis "i.e. suicidal ideation, homicidal ideation, or threat of harm to others".

7.5 Contractor will follow the District guidelines for: Child Abuse and Neglect Reporting Requirements, https://www.lausd.org/cms/lib/CA01000043/Centricity/Domain/383/BUL1347.5%20Child%20Abuse%20and%20Neglect%20Reporting%20Requirements.pdf ; Suicide prevention, intervention, and postvention,
https://www.lausd.org/cms/lib/CA01000043/Centricity/Domain/318/BUL2637.4%20Suicide%20Prevention_with%20Attachments.pdf; Code of Conduct with Students.

7.6 Contractor will be familiar with and follow the District’s Code of Conduct with Students, https://www.lausd.org/cms/lib/CA01000043/Centricity/Domain/383/Attachment%20A% 20-%20Code%20of%20Conduct%20with%20Students%20-%20Poster%20English.pdf, and understands that the Code of Conduct with Students prohibits a Contractor from providing students with, or requesting from students, information to contact them and/or communicating/socializing with student(s), orally, in writing, by phone/email/electronically/webcam, via Internet, social media, or in person for purposes that are not specifically school-related.

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

9. INDEPENDENT CONTRACTOR. While engaged in performance of this MOU the Contractor is an independent contractor and is not an officer, agent, or employee of the District.

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

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 and agents under this MOU. Additionally, Contractor agrees that it is free from control and direction of the District; performs work that is outside the usual course of the District business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the services Contractor will perform for the District under this MOU.

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

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

10.2 Contractor warrants that it has not directly or indirectly offered or given, and will not directly or indirectly offer or give, to any employee, agent, or representative of District any cash or noncash gratuity or payment with view toward securing any business from District or influencing such person with respect to the conditions, or performance of any contracts with or orders from District, including without limitation this MOU. Any breach of this warranty shall be a material breach of each and every contract between District and Contractor.

10.3 As a condition of this MOU, Contractor agrees to comply with the District’s “Contractor Code Of Conduct,” referenced above, which is incorporated herein by this reference above in item 7.6

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

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

11. CONFIDENTIALITY.

11.1 Except as provided in Subsection 11.2, without the prior written consent of an authorized representative of District, Contractor shall neither divulge to, nor discuss with, any third party either the work and Services provided hereunder, or any communication or information in connection with such Services or work, except as required by law. As far in advance as is reasonably possible prior to any disclosure of such matters, whether as required by law or otherwise, Contractor shall inform District, in writing, of the nature and reasons for such disclosure. Contractor shall not use any communications or information obtained from District for any purpose other than the performance of this MOU, without District's written prior consent.

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 11 .2 Contractor may disclose to any subcontractor, or District approved third parties, any information otherwise subject to Subsection 11.1 that is reasonably required for the performance of the subcontractor's work under this MOU. Prior to any such disclosure, Contractor shall obtain the subcontractor's written agreement to the requirements of Subsection 11.1 and shall provide a copy of such agreement to District.

11.3 Contractor represents that it shall not publish or cause to be disseminated through any press release, public statement, or marketing or selling effort any information which relates to this MOU, nor shall Contractor make representations about the District in oral or written form without the prior written approval of District.

11.4 Contractor's obligation of confidence with respect to information submitted or disclosed to Contractor by District hereunder shall survive termination of this MOU.

11.5 Data Privacy
Contractor and District recognize that records relative to students, maintained by them respectively, are confidential pursuant to provisions of Federal and State law, including but not limited to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g and 34 C.F.R. Part 99,and California Education Code §§ 49060-49085.

11.5.1 In the event Contractor receives any personally identifiable information from an education record ("PII”), Contractor shall:
a. Not disclose the information to any other party without the consent of the parent or eligible student;
b. Use the data for no purpose other than the Services described in this MOU;
c. Allow the District access to any relevant records for purposes of completing authorized audits;
d. Require all employees, contractors and agents of any kind who receive PII to comply with all applicable provisions of FERPA and other federal and California laws with respect to the data shared under this MOU; e. Maintain all data obtained pursuant to this MOU in a secure computer environment and not copy, reproduce or transmit data obtained pursuant to this MOU except as necessary to fulfill the purpose of this MOU. All copies of data of any type, including any modifications or additions to data from any source that contains information regarding students, are subject to the provisions of this MOU in the same manner as the original data.
f. Destroy or return all PII obtained under this MOU when it is no longer needed for the purpose for which it was obtained no later than 30 days

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 after it is no longer needed. In the event Contractor destroys the PII, Contractor shall provide the District with certification of such destruction within five (5) business days of destruction. Contractor will provide District with 20 days’ notice prior to destroying any PII. g. Failure to return or destroy the PII will preclude Contractor from accessing personally identifiable student information for at least five years as provided for in 34 C.F.R. section 99.31(a)(6)(iv).

11.5.2 If Contractor is an operator of an Internet website, online service, online application, or mobile application, Contractor shall comply with the requirements of California Business and Professions Code § 22584 and District policy as follows:
a. Contractor shall not (i) knowingly engage in targeted advertising on the Contractor’s site, service or application to District students or their parents or legal guardians; (ii) use any information regarding a student, including PII, to amass a profile about a District student; (iii) sell any information regarding, including PII; or (iv) disclose any information regarding PII without the District’s written permission or as otherwise permitted in California Business and Professions Code § 22584.
b. Contractor will store and process District Data in accordance with commercial best practices, including appropriate administrative, physical, and technical safeguards, to secure such data from unauthorized access, disclosure, alteration, and use. Such measures will be no less protective than those used to secure Contractor’s own data of a similar type, and in no event less than reasonable in view of the type and nature of the data involved. Without limiting the foregoing, Contractor warrants that electronic District data will be encrypted in transmission using secure hypertext transfer protocol (HTTPS) with transport layer security (TLS) protocol version 1.2 to enable secure communications over the Internet, and encrypted at rest using no less than 128-bit AES algorithm with a truly random key no less than 128 bits in length.
c. Contractor shall delete a student’s PII or other information regarding a student upon request of the District.
d. District Data shall not be stored outside the United States without prior written consent from the District. Upon request from the District, Contractor shall disclose the location of data storage facilities and/or equipment.
e. In the event of an actual or potential breach of PII data, Contractor shall immediately notify the District.

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

11.5.3 Prior to receiving any student PII from the District, Contractor and District shall enter into a data use agreement, available at https://achieve.lausd.net/Page/12982 and incorporated herein by reference as if attached hereto.

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

13. COMPLIANCE WITH LAWS AND REGULATIONS. At all times during the term of this MOU, Contractor shall comply with all applicable federal, state, and local laws and regulations during its performance of all Services contemplated by this MOU. Contractor represents and warrants that it or its subcontractors has all licenses or certificates required to perform the Services or has received waivers from such requirements. Contractor shall provide District with all reasonable assistance in complying with all applicable federal, state, and local laws and regulations.

14. AMERICANS WITH DISABILITIES ACT (ADA). Contractor warrants that it complies with California and federal disabilities laws and regulations. (Americans with Disabilities Act of 1990,42 U.S.C. 12101 et seq). Contractor hereby warrants the products or Services it will provide under this Contract comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or Services.

Failure to comply with these requirements shall constitute a material breach of this Contract.

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

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

16. FINGERPRINTING. Contractor shall comply and shall require its employees, agents, and subcontractors (if any) to comply with the requirements of California Education Code Sections

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 45125.1 and 45125.2, at no additional cost to the District, before providing services. These requirements include, but are not limited to, the following:

16.1 If applicable, any employee or agent of Contractor, and any employee or agent of Contractor’s subcontractors, who may interact with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee must perform a valid criminal records summary and submit his or her fingerprints to the California Department of Justice (DOJ) in a manner authorized by the DOJ to determine whether the employee or agent has been arrested or convicted of any crime. Contractor will be responsible for any expenses arising from its compliance with this Section, including, but not limited to, the payment of any fee required for fingerprinting or the processing thereof. Contractor shall immediately provide any subsequent arrest and conviction information it receives to the District.

16.2 Contractor shall not permit an employee or other person requiring fingerprinting under Education Code Section 45125.1 to interact with pupils until the DOJ has ascertained that the person has not been convicted of a felony as defined in Education Code Section 45122.1. Upon Contractor’s receipt of such clearance from DOJ, Contractor shall certify in writing to District that none of the Contractor, its subcontractors, or any of their employees or agents who are required by District to submit their fingerprints to the DOJ and who may interact with pupils has been convicted of a felony as defined in Section 45122.1.

16.3 Alternatively, the District may require Contractor to provide continual supervision and monitoring of all employees and agents of Contractor and Contractor’s subcontractors by an employee of Contractor whom the DOJ has ascertained has not been convicted of a violent or serious felony, as defined by the California Penal Code Sections 667.5 and 1192.7. If the District elects to require this supervision, the Contractor shall supply the supervision at no additional cost to the District. The Contractor shall remove immediately from the District property any employee or agent (including employees or agents of its subcontractors) who has been arrested or convicted of any serious or violent felony, as defined by California Penal Code Sections 667.5 and 1192.7.

16.4 Provide a list of the names of Contractor’s employees who may interact with pupils to the District administrator for this contract. This list shall be updated for employee changes and shall list employees by appropriate school site.

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

16.6 If Contractor is providing work experience opportunities for District pupils, or workplace placements as part of a District pupil’s individualized education program as described in Education Code Section 45125.1(b)(2), Contractor must meet all requirements set forth in Education Code Section 45125.1(b)(2).

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

17. TUBERCULOSIS TESTING. Contractor will prohibit any agent or employee of Contractor from entering a District school site until Contractor has submitted to a tuberculosis risk assessment. If tuberculosis testing is warranted, Contractor agent or employee shall not enter a school site until Contractor has received, for that agent or employee, the “certificate” described in California Education Code §49406(d), showing the agent or employee to be free from infectious tuberculosis and dated within the sixty (60) days prior to the agent’s or employee’s first entry onto a District school site and will require an updated “certificate” every four years thereafter while that employee is continuously employed by Contractor or that agent is continuously retained by, or otherwise represents, Contractor.

18. GOVERNING LAW. The validity, interpretation and performance of this MOU shall be determined according to the laws of the State of California, without reference to its conflict of laws provisions. Venue for any court proceedings in connection herewith shall be in the state or federal courts located within the County of Los Angeles, California.

19. ENTIRE AGREEMENT/AMENDMENT. This MOU and all exhibits to this MOU constitute the entire agreement between the parties to the MOU and supersede any prior or contemporaneous written or oral understanding or agreement and may be amended only by written amendment executed by both parties to this MOU.

20. NOTICES. All notices to be given, or documents, samples, or other materials to be delivered by either Party to the other pursuant to this MOU will be sent by prepaid first class mail, by electronic mail, or hand-delivered, to the addresses set forth below.

To Contractor:

Name: Brenda Rodriguez
Title: Community Service Director
Address: 5220 Santa Ana Street
Cudahy, CA 90201
Telephone: (323)773-5143
E-mail: [email protected]
To District:

Name: Michelle Elias
Title: Specialist
Address: 333 S Beaudry Ave.

Telephone: (213) 241-7053
E-mail: [email protected]

SIGNATURE PAGE FOLLOWS

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260 IN WITNESS WHEREOF, the parties, acting individually or through their duly authorized officers or representatives, fully understand and execute this MOU, and agree to be bound by the terms and conditions thereof:
-DISTRICTLOS ANGELES UNIFIED SCHOOL

DISTRICT
BY __________________________________

NAME: Nohemi Flores-Escobar
POSITION: Contract Administration Analyst
Dated ________________________________
-CONTRACTORCITY OF CUDAHY
BY __________________________________
NAME: Brenda Rodriguez
POSITION: Community Executive Director
Dated _______________________________

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No-Cost MOU: General Administrative Clerk Students Internships LAUSD Contract No. 4400013260

EXHIBIT A
ADMINISTRATIVE CLERK GENERAL STUDENTS’ DUTIES
Key duties may include:
• Assisting the Public and City Staff: Providing basic information related to specific program areas of assignment
• Customer Service: Interacting with the public and city staff to provide information and assistance; and;
• Clerical Support - shall include customer service, basic word processing, data entry, filing and organizing, and related tasks.
• Creation of marketing materials

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
10/21/2025 Page 1 of 3

STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor and City Council
From: Juan Arauz, Interim City Manager/Community Development Director Prepared by: Cecilia Madrigal-Gonzalez, Senior Planner
Subject: Informational Presentation Regarding the Application Process, Selection, Location, and Operation of Retail Cannabis Business Permit No. 2025-01 issued to OTC Cudahy, LLC.

RECOMMENDATION
The City Council is requested to take the following action(s):

1. Open the public hearing and receive public comments; and

2. Receive and file the report and presentation by City staff and OTC Cudahy, LLC.

BACKGROUND
In 2022, the City of Cudahy (“City”) placed a ballot initiative known as the Commercial Marijuana Regulation and Tax Measure (“Measure”) to authorize and regulate storefront retail cannabis sales, subject to location restrictions and a 15% gross receipt tax on such businesses.

The Measure was approved by the voters at the November 8, 2022, general municipal election.

As a result, the City Council of the City of Cudahy (“City Council”) adopted Ordinance No. 730 (“Ordinance”) to allow cannabis retailers, subject to the issuance of a retail cannabis business permit. The location and design requirements restrict retailers as a permitted use in a property zoned Civic-Mixed Use (“CivicMU”) or within the Urban Agriculture Overlay Zone (UA) and located more than 600-feet away from any school, day care center, youth center, or place of religious assembly.

To issue a retail cannabis business permit, the Ordinance application procedures require the City to solicit applications for a minimum of 30 days. Timely submitted applications are then reviewed for completeness to verify that submitted materials comply with the minimum requirements. Once deemed complete, the application is reviewed and objectively scored Item Number
13A

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based on the following criteria and evaluation scale: a) Qualifications of the Applicant’s Owners and Managers – 150 points; b) Plans, Renderings, and Overall Location – 50 points; c) Business and Operations Plans – 100 points; d) Security Plan – 100 points; e) Safety Plan – 100 points; f) Neighborhood Compatibility – 350 points; g) Community Benefits Plans – 100 points and h) Labor and Employment Plan – 150 points. The highest possible score an application can achieve is 1,100 points. Following review and scoring, the City Manager, as a ministerial duty, issues a retail cannabis business permit in order of highest to lowest scoring rank. The decision of the City Manager is a final administrative decision, not subject to administrative appeals.

The Ordinance became effective on March 20, 2023. Simultaneously, the City published the application and forms alongside the Retail Commercial Cannabis Guidelines and Regulations (“Regulations”) to advertise the availability of the permit. As a result, on January 16, 2024, a retail cannabis permit was issued to STIIIZY Cudahy, LLC, but in February 2024, the license was voluntarily surrendered due to development issues relating to property site control. With the surrender, and in any event where a retail cannabis business permit is made available for issuance, the application procedures must be re-initiated. In April 2025, the City reopened the application, but no application was received.

Again, in June 2025, the City reopened the application period, and one application was received by OTC Cudahy, LLC.

DISCUSSION
OTC Cudahy, LLC, application requested a retail storefront and delivery at 8036-8038 Atlantic Ave, Cudahy, CA 90201 (“Property”). The Property is located within an existing multi-tenant commercial strip and is zoned Civic Mixed Use. The business would consolidate two existing suites into one suite, totaling approximately 2,890 square feet.

OTC Cudahy, LLC, application was submitted timely and was determined to be complete. During the scoring review phase, the application was awarded 1,098 points out of the 1,100 possible points. As such, the City Manager issued Retail Cannabis Business Permit No. 2025-01 (“Permit”) to OTC Cudahy, LLC (“Permittee”), to conduct a retail cannabis business at the Property. The decision to issue the Permit is a final administrative decision and is not subject to discretionary review and/or action.

The issuance of the Permit is contingent upon the Permittee’s ongoing compliance with all the requirements of the Ordinance and the City’s Regulations. Before conducting business, the Permittee must obtain all necessary local and state permits to operate a retail cannabis business.

Pursuant to the application procedures (CMC Section 5.30.070(8)), the Permittee is required to make a presentation at a publicly noticed hearing to either City staff and/or City Council. The

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purpose of this presentation is to inform the members of the public of the application process, selection, location, and operation, and to allow members of the public to provide public comments. The Permitees' presentation is included as Attachment A.

PUBLIC NOTICE AND COMMENTS
The presentation was agendized as a public hearing, and a public notice (Attachment B) was posted on the City’s website, and a copy was posted at three physical locations within Cudahy.

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

CONCLUSION
The presentation by the Permittee is required by the CMC and is intended as informational to the City Council and the members of the public regarding the application processing, selection, location, and operation of the Permit issued to the Permittee.

FINANCIAL IMPACT
No Impact.

ATTACHMENTS
A. Presentation from OTC Cudahy, LLC
B. Public Notice

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CUDAHY - 2025
28 Operational CA Locations
30+ Years cannabis experience
40+ years regulated industry experience
$115M+ in Annual Revenue
300+ CA Employees
PAGE 01
Attachment A Page 78 of 279
PAGE 02

PROPOSED LOCATION
C U D A H Y - 2 0 2 5
8036-8038 ATLANTIC AVENUE

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PAGE 03

SITE SAFETY & SECURITY
C U D A H Y - 2 0 2 5
PROACTIVE OUTREACH ; COLLABORATIVE; ACCOUNTABILITY; RESPONSIVENESS Policies and
measures to protect
adjacent uses from impacts
and strategies to prevent
detriment of public health,
safety & welfare
Noise, Light, & Odor Control
Plans
Roving Security Patrols
Pedestrian & Vehicle Traffic
Public Consumption and
Patron Conduct
Litter, Graffiti, & Urban Blight
Signage:
(i) Loitering; (ii) Secondary
Sale/Diversion; (iii) Impairment
Statement; (iv) Prop 65
Complaint Response and
Community Outreach

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PAGE 04

COMMUNITY ENGAGEMENT & BENEFITS
C U D A H Y - 2 0 2 5
1% GROSS RECEIPTS TO COMMUNITY ORGANIZATIONS

CHAMBER OF COMMERCE MEMBERSHIP

COMPASSION PROGRAMS

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CITY OF CUDAHY

PUBLIC NOTICE OF HEARING
Public notice is hereby given that the City Council of the City of Cudahy will hear a presentation at a publicly noticed hearing as further detailed below:

HEARING ITEM: Pursuant to CMC Section 5.30.070(5), Retail Cannabis Permit No. 2025-01 has been issued as a ministerial action to OTC Cudahy, LLC (“Permittee”), authorizing a retail cannabis storefront and delivery business at 8036-8038 Atlantic Avenue, Cudahy, CA 90201. As required by CMC Section 5.30.050(8), the Permittee is making a presentation to the City Council and members of the public to inform the public about the cannabis business permit application process, including selection, location, and operations. The public hearing is a procedural step to receive and file the informational presentation and is not subject to any discretionary action or conditioning.

REGULAR MEETING OF THE CITY OF CUDAHY
DATE OF HEARING: Tuesday, October 21, 2025
TIME OF HEARING: 6:30 p.m., or soon thereafter that the matter can be heard.

LOCATION OF HEARING: 5240 Santa Ana St, Cudahy CA 90201 – Council Chambers
Any person wishing to comment is invited to attend the public hearing and offer testimony.

Written testimony may be forwarded to the City Clerk’s Office, 5220 Santa Ana Street, Cudahy, CA 90201, or call (323) 773-5143.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the City Council meeting, please contact the City Clerk at (323)-773-5143.

Notification at least 72 hours before the meeting will assist staff in assuring those reasonable accommodations are made to provide accessibility to the meeting.

CITY CLERK’S OFFICE
Richard Iglesias, Interim City Manager/City Clerk
Posted on: October 9, 2025
Attachment B Page 82 of 279
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STAFF REPORT
Date: October 21, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Juan Arauz/Richard Iglesias Interim City Managers By: Raul Diaz, Public Works Director
Subject: Authorization to Enter into a Service Agreement with SMART Compliance LLC a Recycling Tracking and Recordkeeping Software for Calrecycle SB1383 Compliance

RECOMMENDATION
Staff recommends the City Council take the following actions:

1. Awarding the Agreement for the SMART 1383 Program Tracker with SMART Compliance LLC in the amount of $21,985 for a Three (3) year term.

2. Authorizing the City Manager or designee to execute the agreement with SMART Compliance LLC for a Three (3) -year term related to solid waste compliance.

BACKGROUND
Beginning January 1, 2022, all jurisdictions in California were required to comply with Senate Bill 1383 (SB 1383) Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Act. Under the legislation, jurisdictions shall responsibly evaluate the capacity to implement SB 1383, including but not limited to the following key components:
• Provide organic waste collection to all residents and businesses • Assess recycling and edible food recovery capacity
• Establish an edible food recovery program to divert edible food from the waste stream • Conduct outreach and education to all affected parties, including • Generators
• Haulers
• Facilities
• Edible food recovery organizations
• City and county departments
• Procure recycled organic waste products like compost, mulch, renewable natural gas Item Number
14A

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(RNG), and electricity
• Inspect and enforce compliance with SB 1383
• Maintain all accurate and timely records required by the SB 1383 regulations in an Implementation Record.

To date the City of Cudahy has taken several actions to comply with the requirements of SB 1383. On December 7, 2021, the City Council adopted Ordinance 716, which amended the City's municipal code to implement the requirements of SB 1383

ANALYSIS
Notice of Violation for the City of Cudahy
On July 16, 2025, the Department of Resources Recycling and Recovery’s (CalRecycle) Jurisdiction and Agency Compliance and Enforcement Branch (JACE) completed a compliance evaluation for the City of Cudahy, SB 1383 Compliance Evaluation Findings Report, on July 30, 2025. The finding resulted in CalRecycle issuing the City of Cudahy a Notice of Violation (NOV) for noncompliant sections noted in the Findings Report. Based on the findings as required by Title 14 of the California Code of Regulations Section 18996.2, CalRecycle issued the City of Cudahy a Notice Of Violation which requires compliance within 90 days of the date of the issue of the Notice of Violation.

Under the compliance evaluation under Table 2, Implementation Record Requirements, CalRecycle requests that the city provide a mechanism (recordkeeping) process. Under SB 1383 a jurisdiction's implementation record includes the City's enforceable mechanisms, all solid waste and recycling -related program descriptions, organic collection service details, contamination minimization plans and information, route reviews, waivers ( De Minimis, Space Constraint, 3rd Party/ Self- Haul) and exemptions, education and outreach, waste hauler programs ( Franchise, 3rd party, self - haul), edible food recovery program ( Tier 1 & 2 Edible Food Generators and Edible Food Recovery Organizations), recovered organic material procurement, paper procurement, inspection and enforcement, compliance reviews, and complaint investigations.

Due to the timeliness of the NOV and the 90-day timeframe, the City’s Public Works department requested quotes from the three companies approved by CalRecycle to provide the proper mechanism for tracking the SB 1383 data. As a result, staff recommends that the City enter into a service agreement with SMART Compliance for their SMART 1383 recordkeeping and reporting software. The costs listed below include all implementation services, including configuration, support, and training.

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A summary of the agreement costs is as follows:

SMART Compliance LLC is a service provider of the SMART 1383 Program Tracker, a cloud-based compliance and outreach database platform designed explicitly for municipal solid waste and recycling managers and their collaborators. The platform is uniquely positioned to provide jurisdictions with all the reporting tools and collaborative recordkeeping capabilities necessary to meet the regulatory requirements of California’s Assembly Bill (AB) 341, AB 1826, and Senate Bill (SB) 1383.

The software enables a wide variety of data tracking, including tracking of organics collection service compliance, collection waivers, paper, and recovered organic waste products (ROWP) procurement, edible food recovery, and enforcement. Utilizing this program allows the city to continuously compile all information in one location, providing the ability to easily share reportable data with CalRecycle within the 30-day NOV reporting window requirement.

Vendor Quote Setup
Cost
IR
Tracker
Year 1 Year 2 Year 3 Total
cost
SMART1383* $1995.0
0 $9995.0
0 $9995.0
0 N/C $21,98
5 Minerva** $2000.0
0 $17,000 $17,000 $15,00
0 $49,00
0 Routeware**
*
$5000.0
0 $21,792 $21,792 $21,79
2 $70,37
6 * Three-year term, 3rd year at no charge.
** Agreement terms 36 months paid in advance, for year-to-year cost will be $17,000 plus $2000
***Agreement terms 36 months

CONCLUSION
The City Council is requested to award the agreement for the SMART 1383 Program Tracker with Smart Compliance LLC in the amount of $ 21,985 for a Tree (3) year term.

STRATEGIC PLAN CORRELATION
Goal AQE-4.3 Reduce volume of waste entering regional landfills

FINANCIAL IMPACT
The (3)-year agreement with the SMART 1383 in the amount of $21,985 will be funded by the operational budget of the Refuse Fund.

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ATTACHMENTS
A. Cudahy Revised Compliance Evaluation
B. Cudahy Notice of Violation
C. CalRecycle Revised Final Evaluation
D. SMART SC Proposal
E. Draft SMART Software Agreement
F. Routeware Proposal
G. Minerva Proposal

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City of Cudahy
Compliance Evaluation Findings
Report #23-1158
September 4, 2025
Report Summary
California Code of Regulations, Title 14, Division 7, Chapter 12 - ShortLived Climate Pollutants Article 3: Organic Waste Collection Services
Compliant Noncompliant
Section 18984.11. Waivers Granted by a
Jurisdiction
Section 18984.1. Three-Container
Organic Waste Collection Services
Section 18984.14. Recordkeeping
Requirements for Waivers and
Exemptions
Section 18984.4. Recordkeeping
Requirements for Compliance with
Organic Waste Collection Services
Section 18984.5. Container
Contamination Minimization
Section 18984.6. Recordkeeping
Requirements for Container
Contamination Minimization
Article 4: Education and Outreach
Compliant Noncompliant
None Section 18985.1. Organic Waste
Recovery Education and Outreach
Section 18985.2. Edible Food Recovery
Education and Outreach
Section 18985.3. Recordkeeping
Requirements for a Jurisdiction’s
Attachment A Page 87 of 279

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Compliance with Education and Outreach
Requirements
Article 7: Regulation of Haulers
Compliant Noncompliant
None Section 18988.1. Jurisdiction Approval of
Haulers and Self-Haulers
Section 18988.4. Recordkeeping
Requirements for Compliance with
Jurisdiction Hauler Program
Article 8: CALGreen Building Standards and Model Water Efficient Landscape Ordinance
Compliant Noncompliant
Section 18989.2. Model Water Efficient
Landscape Ordinance
Section 18989.1. CALGreen Building
Codes
Article 9: Locally Adopted Standards and Policies
Compliant Noncompliant
Section 18990.1. Organic Waste
Recovery Standards and Policies
None
Section 18990.2. Edible Food Recovery
Standards and Policies
Article 10: Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery
Compliant Noncompliant
None Section 18991.1. Jurisdiction Edible Food
Recovery Program
Section 18991.2. Recordkeeping
Requirements for Jurisdiction Edible Food
Recovery Program

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Article 11: Organic Waste Recycling Capacity Planning
Compliant Noncompliant
Section 18992.1. Organic Waste
Recycling Capacity Planning
None
Section 18992.2. Edible Food Recovery
Capacity
Article 12: Procurement of Recovered Organic Waste Products Compliant Noncompliant
None Section 18993.1. Recovered Organic
Waste Product Procurement Target
Section 18993.2. Recordkeeping
Requirements for Recovered Organic
Waste Procurement Target
Section 18993.3. Recycled Content
Paper Procurement Requirements
Section 18993.4. Recordkeeping
Requirements for Recycled Content
Paper Procurement
Article 13: Reporting
Compliant Noncompliant
Section 18994.1. Initial Jurisdiction
Compliance Report
None
Section 18994.2. Jurisdiction Annual
Reporting
Article 14: Enforcement Requirements
Compliant Noncompliant
Section 18995.3. Jurisdiction
Investigation of Complaints of Alleged
Violations
Section 18995.1. Jurisdiction Inspection
Requirements
Section 18995.2. Implementation Record
and Recordkeeping Requirements

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Article 16: Administrative Civil Penalties
Compliant Noncompliant
Section 18997.1. Scope None
Public Resources Code, Division 30, Part 3, Chapters 12.8 and 12.9 Mandatory Commercial Organics Recycling
The City of Cudahy is not implementing a Mandatory Commercial Organics Recycling program.

Mandatory Commercial Recycling
The City of Cudahy is not fully implementing a Mandatory Commercial Recycling program.

Public Resources Code, Division 30, Part 2
Source Reduction and Recycling Element
The City of Cudahy is not fully implementing a Residential Diversion Program.

The City of Cudahy is not implementing a Commercial Diversion Program, Construction and Demolition Debris, Recycled Content Procurement, or Education and Outreach Program.

Household Hazardous Waste Element
The City of Cudahy is not fully implementing a Household Hazardous Waste Element Program.

Overview
Review Process
The Department of Resources Recycling and Recovery’s (CalRecycle) Jurisdiction and Agency Compliance and Enforcement Branch (JACE) is required to conduct a compliance evaluation (California Public Resources Code (PRC) Section 41821(h) and Title 14 of the California Code of Regulations (14 CCR) Section 18996.1) of the City of Cudahy (Jurisdiction) implementation of and compliance with:
• Short-Lived Climate Pollutants (SLCP) (14 CCR sections 18981.1 through 18998.4).
• Mandatory Commercial Organics Recycling (MORe) (California Public Resources Code (PRC) sections 42649.8 through 42649.87).

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• Mandatory Commercial Recycling (MCR) (PRC sections 42649-42649.7 and 14 CCR sections 18835-18839).
• Source Reduction and Recycling Element (SRRE) (PRC sections 41000 through 41460).
• Household Hazardous Waste Element (HHWE) (PRC sections 41500 through 41516).

JACE’s compliance evaluation reviewed the Jurisdiction’s waste diversion program implementation, using available information from the Jurisdiction’s Implementation Record, Electronic Annual Report (EAR), CalRecycle databases, and communications between CalRecycle and the Jurisdiction. The compliance evaluation included, but was not limited to:
• Communications with the Jurisdiction (phone calls, emails, and letters) to learn about the community and program implementation efforts. • Field evaluations of the Jurisdiction’s residential, commercial, edible food, and procurement programs. Evaluations also included observations on MORe, MCR, SRRE, and HHWE.
• Observing and evaluating the Jurisdiction’s waste, recycling, and organics loads at respective facilities.

JACE did not evaluate SLCP requirements that became effective on January 1, 2024, as the compliance evaluation commenced prior to the date that the requirements became effective. These requirements are inspections of Tier Two commercial edible food generators [14 CCR Section 18995.1(a)(2)] and enforcement actions [14 CCR sections 18995.1(a)(5) and 18995.4].

Communication and Compliance Evaluation Timeline
The Jurisdiction was notified on April 3, 2023, by letter (Attachment 1), that a compliance evaluation would be conducted by JACE to determine the status of the Jurisdiction’s implementation of programs designed to divert organics and edible food from landfills.
• April 17, 2023, JACE sent a letter (Attachment 2) to request access to the Jurisdiction’s Implementation Record by May 1, 2023.
• May 25, 2023, JACE followed up through (e-mail, phone call, Teams meeting) after the Jurisdiction did not respond to the request for access to the Jurisdiction’s Implementation Record.
• June 8, 2023, the Jurisdiction provided access to its Implementation Record. • October 18, 2023, the Jurisdiction and JACE staff met to review documentation that was missing from the Implementation Record and to request additional information.
• November 29, 2023, JACE staff conducted a field visit. JACE staff observed residential and commercial containers. See Field Visit Map for the Jurisdiction (Attachment 4) for locations where observations were made. JACE staff also visually observed loads at the two transfer stations:
o Six (6) residential gray container loads

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 Four (4) bulky waste loads
 Two (2) curbside collection loads
o One (1) residential blue container load
o Two (2) commercial gray container loads
• On December 18, 2023, December 26, 2023, and January 3, 2024, JACE staff renewed the request for additional information from the Jurisdiction needed to complete the compliance evaluation. At the time of completion of this report, the Jurisdiction has not provided the requested information relevant to missing information in the IR and program/site details.
• November 6, 2024, JACE staff sent the Jurisdiction a draft findings report with the opportunity to provide feedback.
• November 14, 2025, the Jurisdiction responded to the draft findings report with no additional information being provided about programs that were found noncompliant in the report.
• Communications and other interactions took place with the Jurisdiction throughout the compliance evaluation, which included phone calls and email messages, site visit, and meetings.

Existing Jurisdiction Conditions
The Jurisdiction is in Los Angeles County. According to the 2021 U.S. Census, the Jurisdiction encompasses 1.23 square miles. The Jurisdiction has a population of 22,294 (Department of Finance, 2021). According to the Jurisdiction’s base year history (1990), 49 percent of the Jurisdiction’s total waste generation is from the residential waste stream and 51 percent from the non-residential waste stream.

Summary of Jurisdiction’s Solid Waste Infrastructure and Materials Flow Through Jurisdiction interviews, it was determined that the Jurisdiction has one hauler, Consolidated Disposal Services (Republic Services), with an exclusive franchise agreement to collect gray, blue, and green container materials for all residents and commercial businesses. Residents and commercial businesses are also allowed to selfhaul their materials for recycling and disposal.

Materials collected in the Jurisdiction are taken to one of two transfer stations:

1. Republic Services Innovative Waste Transfer Station located in Vernon.

2. Republic Services Bel-Art Transfer Station located in Long Beach.

Gray container material is comingled with other jurisdictions’ material, loaded in transfer trailers, and disposed at Sunshine Canyon Landfill.

Blue container material is mixed with other jurisdictions’ recyclables, loaded in transfer trailers, and processed at Puente Hills Material Recovery Facility (MRF).

Green container material is mixed with other jurisdictions’ organic material, loaded in transfer trailers, and taken to CVT Anaheim for processing.

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Self-hauls have access to multiple facilities in the Southern California area.

The Jurisdiction does not provide for mixed organic collection and reported that it does not use a High Diversion Organic Waste Processing Facility (HDOWPF).

Short-Lived Climate Pollutants (SLCP) Regulation Evaluation General Provisions
14 CCR Section 18981.2. Implementation Requirement on Jurisdictions See Table 1 below for specific information on ordinances, enforceable mechanisms, and other requirements.

Table 1
Program Requirements Findings
Adopted enforceable ordinance(s) or mechanism(s) to
mandate compliance with SLCP requirements.
[18981.2(a)]
See details in the Articles below regarding
enforceable ordinances or mechanisms to
mandate compliance with SLCP requirements.

Designations of responsibilities made through
contracts or agreements. [18981.2(b)]
The Jurisdiction has not produced evidence of
any contracts or agreements for any designations
made.

Civil penalties not designated to a private entity.
[18981.2(d)]
The Jurisdiction has not reported collection of civil
penalties to a private entity.

Copies of designee agreements and contracts
included in the Implementation Record. [18981.2(e)]
The Jurisdiction has not reported designating any
responsibilities to any party.

Article 3: Organic Waste Collection Services
14 CCR Section 18984.1. Three-Container Organic Waste Collection Services Finding: Noncompliant
The Jurisdiction has not implemented a three-container collection system for both residential and commercial waste generators.

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The Jurisdiction’s Implementation Record indicated that 1,982 residential generators have gray containers, 1,946 have blue containers, and one (1) has a green container.

For the commercial generators, the Jurisdiction did not provide the number of commercial generators that have gray or blue containers. The Jurisdiction’s Implementation Record indicated that eight (8) commercial generators have green containers.

During the JACE staff field investigation, it was confirmed that not all residential and commercial organic waste generators had been provided with the required three containers.
14 CCR Section 18984.4. Recordkeeping Requirements for Compliance with Organic Waste Collection Services
Finding: Noncompliant
As noted in the findings for 14 CCR Section 18984.1, the Jurisdiction has not implemented a three-container system. The records provided do not match the collection system observed at the time of the evaluation.

See Table 2 below for specific documentation required in the Implementation Record.

Table 2
Implementation Record Requirements Received Findings
A description of which collection
method(s) are used (3+, 3-, 2-, and/or 1-
container collection system).
[18984.4(a)(1)]
Yes
The Jurisdiction provided a description of a
three-container collection system. The threecontainer collection system has not been implemented.

The geographical area for each collection
method. [18984.4(a)(2)] Yes
The Jurisdiction provided documentation to
support the geographical area where a threecontainer collection method will be implemented. The three-container collection
system has not been implemented.

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If the jurisdiction is using a service that
requires the contents of containers
provided by the jurisdiction to be
transported to a high diversion organic
waste processing facility (HDOWPF), the
jurisdiction shall at a minimum:
[18984.4(a)(3)]
• List of all HDOWPFs used by
jurisdiction. [18984.4(a)(3)(A)]
• List of all approved haulers allowed
to take organic waste to identified
HDOWPFs. [18984.4(a)(3)(B)]
• The geographical area the
hauler(s) services, the routes
serviced, or a list of addresses
served. [18984.4(a)(3)(C)]
No
The Jurisdiction is not implementing a threecontainer system, including not providing the necessary containers to all applicable
generators or implementing any of the
requirements in 14 CCR Section 18995.1(ad), and continues to use a two or unsegregated single container system (both
of which require a list of HDOWPFs or a list
of approved haulers to take organic waste to
identified HDOWPFs). The Jurisdiction did
not provide a list.

The Jurisdiction provided documentation to
support the geographic areas for the
collection method.

Copies of written notification received
from each facility that allows compostable
plastics to be placed in the green
container to be recovered.
[18984.4(a)(4)]
N/A
Copies of written notification received
from each facility that allows organic
waste to be placed in plastic bags and
indicating that the facility(ies) can process
and remove plastic bags when it recovers
source separated organic waste.
[18984.4(a)(5)]
N/A
14 CCR Section 18984.5. Container Contamination Minimization Finding: Noncompliant
The Jurisdiction’s Implementation Record indicates that route reviews and waste evaluations are conducted for container contamination minimization. However, the Jurisdiction did not provide any documentation to show that route reviews or waste evaluations have been conducted. During discussions with the Jurisdiction on October 18, 2023, the Jurisdiction confirmed that no route reviews or waste evaluations have been conducted (14 CCR Section 18984.5(b-c)).

JACE staff’s field visit photo report (Attachment 3) and field visit map (Attachment 4) show examples and locations of JACE staff’s observations of containers with prohibited contaminants. During JACE staff’s field investigation of the containers that were deployed, the following was observed:
• Residential sector containers:

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o 91 gray containers
o 79 of the 91 containers had contaminants
o 45 blue containers
o 39 of the 45 containers had contaminants
o Zero (0) green containers
• Commercial sector containers:
o 25 gray containers
o 25 of the 25 containers had contaminants
o Zero (0) blue containers
o Zero (0) green containers
14 CCR Section 18984.6. Recordkeeping Requirements for Container Contamination Minimization
Finding: Noncompliant
The Jurisdiction’s Implementation Record does not contain the records required by Section 18984.6.

See Table 3 below for specific documentation required in the Implementation Record.

Table 3
Implementation Record Requirements Received Findings
A description of the jurisdiction’s process
for determining the level of container
contamination. [18984.6(a)(1)]
Yes
The Jurisdiction provided a description of the
Jurisdiction’s process for determining the
level of container contamination.

Documentation of route reviews
conducted, including identifying
information for the subject or subjects of
the route review. [18984.6(a)(2)]
No
The Jurisdiction’s Implementation Record did
not contain these documents. The
Jurisdiction indicated that no reviews were
completed.

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Documentation of waste evaluations
performed, including: [18984.6(a)(3)]
• Information on targeted route
reviews conducted as a result of
the studies. [18984.6(a)(3)]
• Dates of the studies
[18984.6(a)(3)]
• Location of the solid waste facility
where the study was performed.
[18984.6(a)(3)]
• Routes [18984.6(a)(3)]
• Source sector (commercial or
residential) [18984.6(a)(3)]
• Number of samples [18984.6(a)(3)]
• Weights and ratio of prohibited
container contaminants
[18984.6(a)(3)]
• Total sample size [18984.6(a)(3)]
No
The Jurisdiction’s Implementation Record did
not contain these documents. The
Jurisdiction indicated that no evaluations
were completed.

Copies of notices issued to generators
with prohibited container contaminants.
[18984.6(a)(4)]
No
The Jurisdiction’s Implementation Record did
not contain these documents. The
Jurisdiction indicated that no evaluations or
reviews were completed, and no notices were
issued.

Documentation of the number of
containers where the contents were
disposed. [18984.6(a)(5)]
No
The Jurisdiction’s Implementation Record did
not contain these documents. The
Jurisdiction indicated that no evaluations or
reviews were completed.
14 CCR Section 18984.7. Container Color Requirements
Finding: Not applicable
Compliance with this section could not be evaluated as only older functional containers were observed.
14 CCR Section 18984.8. Container Labeling Requirements Finding: Not applicable
Compliance with this section could not be evaluated as only older functional containers were observed.

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14 CCR Section 18984.11. Waivers Granted by a Jurisdiction Finding: Compliant
While the Jurisdiction has a process to issue waivers, the Jurisdiction has not issued any waivers.
14 CCR Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials and Federally Regulated Waste
Finding: Not applicable
The Jurisdiction has not reported equipment or operational failure, sediment debris disposal, homeless encampment or illegal disposal cleanup, or quarantined organic waste that was disposed which would require documentation. 14 CCR Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions Finding: Compliant
The Jurisdiction’s Implementation Record contains a written description of how waivers will be issued and validated. The Jurisdiction reported not issuing any waivers and there are no records of the issued waivers in the Jurisdiction’s Implementation Record. The Jurisdiction has not reported sediment debris disposal, homeless encampment or illegal disposal cleanup, or quarantined organic waste that was disposed per 14 CCR Section 18984.13.

Article 3 Electronic Annual Report Findings
In the Jurisdiction’s Electronic Annual Report (EAR), for reporting year 2022, the Jurisdiction reported providing a 3+, 3-, 2-, and 1-container collection system to residential and commercial generators. A three-container collection system should be the only selection for residential and commercial generators in the EAR consistent with the Jurisdiction’s adopted ordinance. For reporting year 2022, zero (0) route reviews were reported as being conducted. For the 2021 and 2022 EAR the Jurisdiction reported zero (0) waivers being issued.

Article 4: Education and Outreach
14 CCR Section 18985.1. Organic Waste Recovery Education and Outreach Finding: Noncompliant
No evidence was provided indicating that the Jurisdiction has provided education and outreach information that is consistent with the collection system approved in the

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Jurisdiction's adopted ordinance. No evidence was provided indicating that education and outreach was provided to generators regarding the donation of edible food or the option to self-haul organic waste.

See Table 4 below for specific information about the Jurisdiction’s organic waste recovery education and outreach program implementation.

Table 4
Program Requirements Compliance Findings
Information on the organic waste
generator’s requirements to properly
separate materials in appropriate
containers was provided to organic waste
generators annually. [18985.1(a)(1)]
No
Information distributed described a threecontainer system which is not the system being utilized; therefore, generators are not
being given information on how to properly
separate in the appropriate containers that
were provided.

Information on methods for prevention of
organic waste generation was provided to
organic waste generators annually.
[18985.1(a)(2)]
No
The Jurisdiction did not provide evidence to
support information is provided regarding the
prevention of organic waste generation.

Information regarding the methane
reduction benefits of reducing the landfill
disposal of organic waste and the
methods of organic waste recovery the
organic waste collection service uses was
provided to organic waste generators
annually. [18985.1(a)(3)]
Yes The Jurisdiction provided evidence that
contains this information.

Information regarding how to recover
organic waste and a list of approved
haulers was provided to organic waste
generators annually. [18985.1(a)(4)]
Yes The Jurisdiction provided evidence that
contains this information.

Information related to the public health
and safety and environmental impacts
associated with the landfill disposal of
organic waste was provided to organic
waste generators annually.
[18985.1(a)(5)]
Yes The Jurisdiction provided evidence that
contains this information.

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Information regarding programs for the
donation of edible food was provided to
organic waste generators annually.
[18985.1(a)(6)]
No
The Jurisdiction did not provide evidence to
support information is provided regarding the
donation of edible food.

If the jurisdiction allows generators
subject to its authority to self-haul organic
waste, information regarding self-hauling
requirements was provided to organic
waste generators annually.
[18985.1(a)(7)]
No
The Jurisdiction allows for self-haul in its
ordinance but has provided no evidence to
support how generators are notified of the
requirements.

Information was provided through print or
electronic media. [18985.1(c)] Yes
The Jurisdiction provided evidence that
information is provided through print or
electronic media.

Educational materials were translated into
any non-English language spoken by a
substantial number of the public that are
provided organic waste collection services
by the jurisdiction. [18985.1(e)]
Yes
Educational materials are translated in
Spanish which is a language used by much
of the population of the Jurisdiction.
14 CCR Section 18985.2. Edible Food Recovery Education and Outreach Finding: Noncompliant
No evidence was provided indicating that the Jurisdiction has implemented any of the requirements in this section (14 CCR Section 18985.2(a-b)). 14 CCR Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
Finding: Noncompliant
The Jurisdiction’s Implementation Record did not contain all the records required by Section 18985.3. The records provided by the Jurisdiction did not contain specifics on the dissemination of education and outreach materials.

See Table 5 below for specific documentation required in the Implementation Record.

Table 5
Implementation Record Requirements Received Findings

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Copies of flyers, brochures, newsletters,
invoice messaging, and website and
social media posts. [18985.3(a)(1)]
No
Copies of education and outreach materials
were not in the Jurisdiction’s Implementation
Record.

The date, and to whom the information
was disseminated, or direct contact was
made. [18985.3(a)(2)]
No
The Jurisdiction did not indicate or document
when or to whom the education and outreach
materials are disseminated.

If a jurisdiction provides mass distribution
through mailings, or bill inserts, provide
the date, a copy of the information, and
the type and number of accounts
receiving the information. [18985.3(a)(2)]
No
The Jurisdiction did not indicate or document
the distribution of education and outreach
materials.

If using electronic media solely provide a
copy, with dates posted, of social media
posts, e-mails, or other electronic
messages. [18985.3(a)(3)]
No
The Jurisdiction did not indicate or document
the posting of education and outreach
materials.

If relying on a designee, a copy of the
materials distributed by the designee.
[18985.3(a)(4)]
Yes
Education and outreach materials from
Republic Services were part of the
Jurisdiction’s Implementation Record.

However, the Jurisdiction has not produced
evidence of any contracts or agreements for
any designations to be made.

Article 4: Electronic Annual Report Findings
Based on the 2022 EAR, there are 1,964 generators that have been provided with required information on collection. The Jurisdiction reported only one (1) commercial edible food generator that has been provided information regarding the Jurisdiction’s edible food recovery program. This is inconsistent with JACE staff observations in the field in which two (2) Tier 1 commercial edible food generators were observed.

Article 7: Regulation of Haulers
14 CCR Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers Finding: Noncompliant
No evidence was provided indicating that the Jurisdiction has implemented any of the requirements in this section (14 CCR Section 18988.1(a-b)). 14 CCR Section 18988.4. Recordkeeping Requirements for Compliance with

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Jurisdiction Hauler Program
Finding: Noncompliant
The Jurisdiction’s Implementation Record does not contain the records required by Section 18988.4.

See Table 6 below for specific documentation required in the Implementation Record.

Table 6
Implementation Record Requirements Received Findings
Ordinances, contracts, franchise
agreements, policies, procedures, or
programs relevant to regulation of
haulers. [18988.4(a)(1)]
No The Jurisdiction’s Implementation Record did
not contain these documents.

A description of the jurisdiction’s hauler
program including: [18988.4(a)(1)]
• Type(s) of hauler system(s) the
jurisdiction uses.
[18988.4(a)(2)(A)]
• Type(s) and conditions(s) of
approvals per type of hauler, and
criteria for approvals, denials and
revocations. [18988.4(a)(2)(B)]
• The process for issuing, revoking,
and denying written approvals.
[18988.4(a)(2)(C)]
• Any requirements associated with
self-hauling and back-hauling.
[18988.4(a)(2)(D)]
No
The Jurisdiction did not provide documents
demonstrating:
• types and conditions of approvals per
type of hauler and criteria for
approvals, denials and revocations,
• process for issuing, revoking, and
denying written approvals, and
• any requirements associated with selfhauling and back-hauling.

The Jurisdiction did provide documentation to
support a three-container collection system,
but the Jurisdiction has reported not
implementing a three-container collection
system.

Record of hauler compliance with local
ordinance(s) and requirements including:
[18988.4(a)(3)]
• Copies of all reports required from
haulers. [18988.4(a)(3)(A)]
• Copies of all written approvals,
denials, and revocations.
[18988.4(a)(3)(B)]
No The Jurisdiction’s Implementation Record did
not contain these records.

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All records include the date of action,
name of hauler, and the type of action
taken by the jurisdiction. [18988.4(b)]
No The Jurisdiction’s Implementation Record did
not contain these records.

Article 7: Electronic Annual Report Findings
For the 2022 EAR the Jurisdiction reported one (1) hauler was approved to collect organic waste.

Article 8: CALGreen Building Standards and Model Water Efficient Landscape Ordinance
14 CCR Section 18989.1. CALGreen Building Codes
Finding: Noncompliant
No evidence was provided indicating that an ordinance was adopted that requires compliance with the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 2019, and effective January 1, 2020, for Section 4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction Waste Management non-residential.
14 CCR Section 18989.2. Model Water Efficient Landscape Ordinance Finding: Compliant
A Model Water Efficient Landscape Ordinance (MWELO) was adopted and was provided by the Jurisdiction.

Article 8 Electronic Annual Report Findings
No information regarding the ordinance was found the 2022 EAR. In the 2022 EAR, the Jurisdiction reported zero (0) CALGreen or Model Water Efficient Landscape projects.

Article 9: Locally Adopted Standards and Policies
14 CCR Section 18990.1. Organic Waste Recovery Standards and Policies Finding: Compliant
There was no evidence that the Jurisdiction had an ordinance, policy, procedure, permit condition, or initiative listed in 14 CCR Section 18990.1(b)(1-5).

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14 CCR Section 18990.2. Edible Food Recovery Standards and Policies Finding: Compliant
There was no evidence of an ordinance, policy, or procedure that prohibits the ability of a generator, food recovery organization, or food recovery service to recover edible food that could be recovered for human consumption.

Article 10: Jurisdiction Edible Food Recovery Programs, Food Generators, and Food Recovery
14 CCR Section 18991.1. Jurisdiction Edible Food Recovery Program Finding: Noncompliant
The Jurisdiction has provided evidence to support that an edible food recovery ordinance has been adopted. No evidence was provided indicating that an edible food recovery program has been implemented.

See Table 7 below for specific information about the Jurisdiction’s edible food recovery program implementation.

Table 7
Program Requirements Compliance Findings
Educate commercial edible food
generators. [18991.1(a)(1)] No
The Jurisdiction did not provide evidence to
support that all commercial edible food
generators were educated annually. See
details in Article 4 above.

Increase commercial edible food
generator access to food recovery
organizations and services.
[18991.1(a)(2)]
No
The Jurisdiction did not provide evidence to
support that an edible food recovery program
has been implemented.

Monitor commercial edible food
generators compliance. [18991.1(a)(3)] No
The Jurisdiction did not provide evidence to
support that an edible food recovery program
has been implemented.

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Increase edible food recovery capacity.
[18991.1(a)(4)] Yes
The Jurisdiction is part of Los Angeles
County’s edible food recovery capacity
planning and was not identified as needing to
submit an implementation schedule to
CalRecycle.
14 CCR Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
Finding: Noncompliant
The Jurisdiction’s Implementation Record does not contain records required by Section 18991.2.

Article 10 Electronic Annual Report Findings
For the 2022 EAR, the Jurisdiction reported one (1) commercial edible food generator. The Jurisdiction reported having one (1) food recovery organization or service located within the Jurisdiction.

Article 11: Organic Waste Recycling Capacity Planning
14 CCR Section 18992.1. Organic Waste Recycling Capacity Planning Finding: Compliant
The Jurisdiction is part of Los Angeles County organic waste recycling capacity and was not identified by Los Angeles County as needing to submit an implementation schedule. 14 CCR Section 18992.2. Edible Food Recovery Capacity
Finding: Compliant
The Jurisdiction is part of Los Angeles County organic waste recycling capacity and was not identified by Los Angeles County as needing to submit an implementation schedule. 14 CCR Section 18992.3. Schedule for Reporting
Finding: Not applicable
The Jurisdiction did not need to submit an implementation schedule.

Article 11 County Capacity Planning Report
The Jurisdiction was not identified in Los Angeles County’s 2022 - 2024 Capacity

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Planning report as needing to submit an implementation schedule to CalRecycle.

Article 12: Procurement of Recovered Organic Waste Products 14 CCR Section 18993.1. Recovered Organic Waste Product Procurement Target Finding: Noncompliant
The Jurisdiction did not meet its Recovered Organic Waste Product (ROWP) procurement target for 2022. The Jurisdiction has a procurement target of 1,900 ROWP units. In the 2022 EAR, the Jurisdiction reported procuring 200 ROWPs which included procuring mulch. The Jurisdiction did not provide evidence that a mulch ordinance or enforceable mechanism was adopted as required by Section 18993.1(f)(4)(A). 14 CCR Section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
Finding: Noncompliant
The Jurisdiction’s Implementation Record does not contain records required by Section 18993.2.
14 CCR Section 18993.3. Recycled Content Paper Procurement Requirements Finding: Noncompliant
No evidence was provided indicating that the Jurisdiction procured paper products meeting recycled content requirements pursuant to Public Contract Code 22150 – 22154, besides printing and writing paper.

See Table 8 below for details on the Jurisdiction’s paper procurement program implementation.

Table 8
Program Requirements Compliance Findings

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Procured paper products, and printing
and writing paper meeting recycled
content requirements of section 22150-
22154. [18993.3(a)]
No
The Jurisdiction did not provide evidence to
support paper products meeting the recycled
content requirements.

The Jurisdiction did provide evidence to
support printing and writing paper meeting the
recycled content requirements.

Paper products and printing and writing
paper shall be deemed eligible to be
labeled with an unqualified recyclable
label as defined in 16 Code of Federal
Regulations section 260.12 (January 1,
2013). [18993.3(b)]
No
The Jurisdiction did not provide evidence that
paper products and printing and writing paper
were deemed eligible to be labeled with an
unqualified recyclable label.

Required all businesses from whom it
purchases paper products to certify
requirements in writing. [18993.3(c)]
No
The Jurisdiction did not provide evidence that
it required all businesses where it had
purchased paper products from to certify the
minimum percentage of postconsumer
material or that the product is eligible to be
labeled with an unqualified recyclable label.
14 CCR Section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
Finding: Noncompliant
The Jurisdiction’s Implementation Record does not contain the records required by Section 18993.4.

See Table 9 below for specific documentation required in the Implementation Record.

Table 9
Implementation Record Requirements Received Findings
Copies of invoices, receipts or other
proofs of purchase that describe the
procurement of paper products by volume
and type for all paper purchases.
[18993.4(a)(1)]
No The Jurisdiction did not provide documentation
for all paper purchases.

Copies of all certifications or other
verification required under 14 CCR
Section 18993.3. [18993.4(a)(2)]
No
The Jurisdiction did not provide documentation
of certifications or other verification except for
printing and writing paper.

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Article 12 Electronic Annual Report Findings
The Jurisdiction has a procurement target of 1,900 ROWP units. In the 2022 EAR, the Jurisdiction reported procuring 200 ROWPs. The Jurisdiction has reported mulch as part of its procurement program and has not indicated having a mulch ordinance.

Article 13: Reporting
14 CCR Section 18994.1. Initial Jurisdiction Compliance Report Finding: Compliant
The Jurisdiction submitted its initial jurisdiction compliance report on time. 14 CCR Section 18994.2. Jurisdiction Annual Reporting
Finding: Compliant
The Jurisdiction has submitted its EAR on time for the period reviewed for this compliance evaluation.

Article 13 Electronic Annual Report Findings
The Jurisdiction submitted its completed 2022 EAR on time.

Article 14: Enforcement Requirements
14 CCR Section 18995.1. Jurisdiction Inspection Requirements Finding: Noncompliant
No evidence was provided indicating that the Jurisdiction has implemented any of the requirements in this section (14 CCR Section 18995.1(a-d)). 14 CCR Section 18995.2. Implementation Record and Recordkeeping Requirements Findings: Noncompliant
Recordkeeping findings for specific regulations can be found in above sections.

See Table 10 below for Implementation Record program requirements.

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Table 10
Program Requirements Compliance Findings
All records are maintained in the
Implementation Record. [18995.2(a)] No See details in Table 16 below.

Stored in one central location, physical or
electronic. [18995.2(b)] No
The Jurisdiction does not have one central
location for the storage of its Implementation
Record.

Access was provided within ten business
days. [18995.2(c)] No
The Jurisdiction did not provide access to the
Implementation Record within ten business
days.

Includes records within 60 days of their
creation. [18995.2(d)] Yes
The Jurisdiction included records that were
created within 60 days in its Implementation
Record.

Retains all records for five years.
[18995.2(e)] Yes The Jurisdiction has retained records created since beginning of 2022.

See Table 11 below for specific documentation required in the Implementation Record.

Table 11
Implementation Record Requirements Received Findings
Copy of all ordinances or enforceable
mechanisms, contracts, and agreements.
[18995.2(f)(1)]
No
The Jurisdiction did not provide:
• CALGreen ordinance (demonstrating
compliance with the California Green
Building Standards Code, California
Code of Regulations, Title 24, Part 11 as
amended July 1, 2019, and effective
January 1, 2020, for Section 4.408.1
Construction Waste Management
Residential and Section 5.408.1
Construction Waste Management nonresidential)
• Mulch ordinance (14 CCR Section
18993.1(f)(4)(A).

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Written description of the jurisdiction’s
inspection and enforcement program.
[18995.2(f)(2)]
Yes
The Jurisdiction provided a written description
of the Jurisdiction’s inspection and enforcement
program.

All organic waste collection service
records. [18995.2(f)(3)] No See details in Article 3 above.

All contamination minimization records.
[18995.2(f)(4)] No See details in Article 3 above.

All waiver and exemption records.
[18995.2(f)(5)] Yes See details in Article 3 above.

All education and outreach records.
[18995.2(f)(6)] No See details in Article 4 above.

All hauler program records. [18995.2(f)(7)] No See details in Article 7 above.

All jurisdiction edible food recovery
program records. [18995.2(f)(8)] No See details in Article 10 above.

All recovered organic waste procurement
target records. [18995.2(f)(9)] No See details in Article 12 above.

All recycled content paper procurement
records. [18995.2(f)(10)] No See details in Article 12 above.

All inspection documents. [18995.2(f)(11)] No See details in Article 14 above.

All complaint and investigation records.
[18995.2(f)(13)] N/A N/A. See Table 18 below for more details. 14 CCR Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Finding: Compliant
The Jurisdiction provided procedures that will be followed for the receipt and investigation of complaints, as well as information required to be submitted for a complaint.

See Table 12 below for specific information about the Jurisdiction’s investigation of complaints program implementation.

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Table 12
Program Requirements Compliance Findings
Provides a procedure for the receipt and
investigation of written complaints of
alleged violations. [18995.3(a)]
Yes The Jurisdiction provided a written description
in the Implementation Record.

Allows for the submission of anonymous
complaints. [18995.3(a)] Yes The Jurisdiction’s complaint process allows for anonymous complaints.

The procedure provides complaints be in
writing and include the following
information: [18995.3(b)]
• If the complaint is not anonymous,
the name and contact information
of the complainant [18995.3(b)(1)]
• The identity of the alleged violator,
if known. [18995.3(b)(2)]
• A description of the alleged
violation including location(s) and
all other relevant facts known to
the complainant. [18995.3(b)(3)]
• Any relevant photographic or
documentary evidence to support
the allegations in the complaint.
[18995.3(b)(4)]
• The identity of any witnesses, if
known. [18995.3(b)(5)]
Yes
The Jurisdiction’s complaint process allows for
complaints in writing and allows for all
required information.

Provides a procedure to notify
complainants of results. [18995.3(d)] Yes The Jurisdiction provided the procedure in the Implementation Record.

All records are maintained in
Implementation Record. The records
include the complaint as received and the
jurisdiction’s determination of compliance
or notice of violations issued. [18995.3(e)]
Yes
The Jurisdiction did not report receiving any
complaints; therefore, no records of
complaints were in the Implementation
Record.
14 CCR Section 18995.4. Enforcement by a Jurisdiction
The compliance evaluation for the Jurisdiction took place prior to January 1, 2024, when this requirement became effective.

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Article 14 Electronic Annual Report Findings
For the 2022 EAR, the Jurisdiction reported one (1) inspection was conducted on a Tier One commercial edible food generator. The Jurisdiction’s Implementation Record did not contain the documentation of the inspection. For the 2022 EAR, the Jurisdiction reported zero (0) complaints were received.

Article 16: Administrative Civil Penalties
14 CCR Section 18997.1. Scope
Finding: Compliant
The Jurisdiction has adopted a Mandatory Organic Waste Disposal Reduction Ordinance that includes it will impose penalties in the correct penalty amounts consistent with 14 CCR Section 18997.2.

Mandatory Commercial Organics Recycling (MORe)
PRC Section 42649.82
The Jurisdiction has not fully implemented its Mandatory Commercial Organics Recycling program.

The Jurisdiction has not provided evidence or reported that commercial businesses have been notified of their noncompliance.

MORe Electronic Annual Report Findings
In the Jurisdiction’s 2022 EAR, it is reported that out of 186 commercial businesses that are required to recycle organics, zero (0) are recycling organics. This is a compliance rate of zero (0) percent. The Jurisdiction has not provided documentation or reported that the 186 commercial businesses not recycling are self-hauling organic material for diversion.

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Mandatory Commercial Recycling (MCR)
PRC Section 42649.3 and 14 CCR Section 18838
The Jurisdiction has not fully implemented its Mandatory Commercial Recycling program.

The Jurisdiction has not provided evidence or reported that commercial businesses not recycling have been notified of their noncompliance.

MCR Electronic Annual Report Findings
In the Jurisdiction’s 2022 EAR, it is reported that out of 250 businesses required to recycle, 50 are recycling. This is a compliance rate of 20 percent. The Jurisdiction has not provided documentation or reported that the remaining 200 commercial businesses not recycling are self-hauling recyclable materials for diversion.

Source Reduction Recycling Element Program (SRRE)
Residential Diversion Program
The Jurisdiction has not provided evidence or reported full implementation of a residential diversion program.

In the Jurisdiction’s 2022 EAR, the Jurisdiction reported no changes to any SRREselected diversion programs. The Jurisdiction has nine (9) thrift shops in or near the Jurisdiction for the donation of unwanted goods and at least three (3) flea markets that residents can participate in. There are 10 beverage container buy-back drop-off locations in the area.

No residential green container loads were observed due to the Jurisdiction not having a separate route for the collection of organic material.

On November 29, 2023, JACE staff viewed gray and blue container loads. In total, seven (7) residential loads were viewed.

JACE staff evaluated 45 blue carts and observed an average contamination rate of 27.4 percent. JACE staff observed and evaluated one (1) blue container load. The load observed contained approximately 30 percent prohibited container contaminants with most notably plastic film, green waste, and wood waste. Blue container loads did contain organic material (paper products and printing and writing paper). Wood, dry lumber, and textiles are not allowed in the blue container.

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JACE staff evaluated 91 gray carts and observed an average contamination rate of 29.7 percent. Staff observed and evaluated six (6) gray container loads, with four (4) loads being the Jurisdiction’s bulky waste pickup, and two (2) being from the curbside collection program. The bulky waste loads contained approximately 45 percent divertible materials. The most significant materials being green waste, wood waste, and cardboard. The gray container loads contained approximately 50 percent divertible materials. These loads were wet indicating a significant amount of organic waste (food scraps) and green waste, in addition to non-organic recyclables.

See SLCP Article 3 section above for more information.

Commercial Diversion Program
The Jurisdiction has not provided evidence or reported full implementation of a commercial diversion program.

No commercial green container loads were observed due to the Jurisdiction not having a separate route for the collection of organic material.

On November 29, 2023, JACE staff viewed gray container loads. In total, two (2) commercial gray container loads were viewed.

JACE staff were unable to evaluate any commercial blue containers due to limited access at commercial businesses. Additionally, the Jurisdiction did not report when commercial recycling is collected. No commercial blue container loads were viewed or evaluated by JACE staff.

JACE staff evaluated 25 gray containers and observed an average of 42.3 percent prohibited container contaminants. JACE staff observed and evaluated two (2) gray container loads. JACE staff observed approximately 40 percent divertible materials.

These loads were wet indicating a significant amount of organic waste (food scraps) and green waste, in addition to non-organic recyclables.

See SLCP Article 3 section above for more information.

Construction and Demolition Debris
The Jurisdiction has not provided evidence or reported full implementation of a construction and demolition debris diversion program.

Recycled Content Procurement
The Jurisdiction has not provided evidence or reported full implementation of a recycled content procurement program.

See SLCP Article 12 section above for more information.

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Education and Outreach
The Jurisdiction has not provided evidence or reported full implementation of an education and outreach program.

See SLCP Article 4 section above for more information.

Household Hazardous Waste Element Program (HHWE)
The Jurisdiction has not provided evidence or reported full implementation of a household hazardous waste program. JACE staff found limited information on Los Angeles County’s household hazardous waste webpage that was specific for the Jurisdiction and the Jurisdiction did not provide any additional information to support program implementation.

Additional Information
Attachments

1. April 3, 2023, Notification of Compliance Evaluation for the City of Cudahy

2. April 17, 2023, Request for SB 1383 Implementation Record for the City of Cudahy

3. Photo report for the City of Cudahy

4. Field Visit Map for the City of Cudahy
Staff responsible for item preparation
Program staff: Andrew Parrish Phone: (916) 341-6458

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Attachment B

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Attachment C

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1 SMART1383 Proposal
Prepared for
City of Cudahy
Contact: Judi Gregory
[email protected]
855-724-1383 ext. 700
Attachment D Page 121 of 279
2 Table of Contents
Table of Contents ......................................................................................................... 2 Corporate Information ................................................................................................. 5 Experience ..................................................................................................................... 6 Qualifications................................................................................................................. 6 Cybersecurity ................................................................................................................ 8 Contact Team/Location ............................................................................................ 11 Technical Support Customer Service........................................................................ 12 Quote ........................................................................................................................... 14 Proof of Insurance....................................................................................................... 15 System Features .......................................................................................................... 17 IR Features ................................................................................................................... 19 General System Features ........................................................................................... 19

SMART Compliance, LLC
Learn More at SMART1383.com

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3 4.1. Cover Letter and Corporate
Information

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4 August 26, 2025
TO: City of Cudahy & Mariposa Eco Consulting
Thank you for the opportunity to provide a subscription quote for the SMART1383 Compliance System. The SMART1383 system allows for the convenient collection of pertinent information and data required for SB 1383 tracking and reporting. The system also has several built-in features designed to assist with outreach and inspection activities. SMART1383 alleviates many tedious and cumbersome tasks associated with spreadsheets and other data management systems; thereby streamlining operations and significantly reducing administrative time and effort.

If you have any questions, please feel free to contact us at 855-724-1383 ext 700, [email protected] or in writing at 6625 N Calle Eva Miranda, Suite A, Irwindale, CA 91702.

Sincerely,
Judi Gregory

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5 Corporate Information
Corporate Name SMART Compliance
Address 6625 N Calle Eva Miranda, Suite A
Irwindale, CA 91702
Entity Type State of California General Stock Corporation Officers Judi Gregory, CEO
Bob Hollis, CIO
Zane Harvey, CTO
Incorporated December 8, 2021
California
Federal Tax ID 87-3961734

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6 Experience
SMART Compliance is a leading-edge company that specializes in providing sustainability intelligence systems and comprehensive compliance and reporting software as a service (SaaS). Our SB 1383 compliance software helps California communities easily navigate the complexities of reporting requirements. We are committed to helping jurisdictions, businesses, and organizations seamlessly integrate sustainability practices and metrics into their operations enabling them to meet regulatory compliance requirements and drive positive environmental and economic outcomes.

At Smart Compliance, our mission is to empower organizations with intelligent and innovative compliance solutions that foster trust, efficiency, and peace of mind. We are committed to being a reliable partner and helping jurisdictions, agencies, organizations, and businesses navigate the complex landscape of regulations and requirements with ease. Through our cutting-edge technology and expert insights, we strive to revolutionize the compliance experience, ensuring that our clients can focus on their core objectives while we handle their compliance data, analytics, and reporting needs.

Qualifications
SMART Compliance was founded by experts in the fields of solid waste & recycling, information technology, and computer science. Our team's extensive

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7 understanding of California regulatory compliance coupled with in-field technical expertise, and time-saving technology and data tracking systems is unparalleled. SMART Compliance has a staff of nine, including five full-time programmers, data scientists, and data engineers.

The Technical Team is led by a CTO Zane Harvey who holds degrees in Physics, Mathematics, and Nuclear Engineering and who also serves as a Professor of Computer Science at Capitol Technology University in Washington DC where he teaches both undergraduate and graduate Computer Science, IT, and Artificial Intelligence courses. (may be a run on sentence) Zane has worked previously as an Engineer for a Fortune 500 Company and a US DOE Nuclear Laboratory and has spent the past 7 years in the Tech space with various companies including SMART Compliance Inc.

Judi Gregory is the CEO, overseeing both product development and business operations. With more than 35 years of experience in the solid waste and recycling industry, she brings deep, practical insight into the sector's evolving needs. Judi has served as both a board member and Executive Director of the California Resource Recovery Association, and her consulting firm delivers SB 1383 compliance services and technical assistance to numerous municipalities across California.

Our Chief Information Officer, Bob Hollis has a degree from Carnegie Mellon University, and graduated from the top ranked program in the United States for Information Systems. He has served as an elected public official, and as a board member of the California Resource Recovery Association and the National Recycling Coalition. Bob also served as a founding board member of the U.S.

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8 Zero Waste Business Council, and has received awards from the California Resource Recovery Association (CRRA), Keep California Beautiful, and the California Product Stewardship Council for his work and contributions to our industry.

SMART Compliance was formed in 2021 and currently supports over seventy-five jurisdictions including several regional JPAs that use our SB1383 system for SB 1383 compliance, recordkeeping, and data tracking. Experience from serving multiple JPAs has allowed the SMART team to develop JPA tailored system customizations. These features are further explained in applicable areas of this proposal.

Cybersecurity
Objective
Our approach to cybersecurity includes multi-layered defense systems, regular audits, and proactive monitoring to ensure platform reliability and data protection.

Threat Detection & Monitoring
• Real-time system monitoring via AWS CloudWatch and GuardDuty for anomaly detection and alerts.
• CrowdStrike Falcon deployed for advanced endpoint detection and response (EDR), offering behavioral threat analytics, malware prevention, and instant remediation.
• Annual third-party penetration testing and routine vulnerability scans. • Simulated incident response drills to ensure preparedness and validate

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9 protocols.

System Hardening
• Enforced least-privilege IAM policies.
• Critical server protections including IMDSv2, termination/stop protection, and automatic patching across AWS, Digital Ocean, and hosted services. • Web application security reinforced through Content Security Policy (CSP), X-Frame-Options, Referrer-Policy, CORS, and more.

Secure Access
• Optional IP whitelisting and SSH key-based authentication. • VPN usage encouraged for secure offsite access.

DoS & LFI Protection / Denial-of-Service (DoS) Mitigation • Web Application Firewall (WAF), request rate limiting, and timeout settings guard against attacks like Slowloris.
• Enhanced alerting for traffic anomalies and automated defensive triggers.

Local File Inclusion (LFI) Defense
• Hardened phpMyAdmin and backend scripts with strict input validation and sanitization.
• Code reviews and patching processes prevent file traversal and inclusion exploits.

Data Integrity & Privacy / Best Practices
• Input validation ensures accuracy and consistency across all stored records.

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10 • Ongoing updates to key systems: WordPress, PHP, MySQL, cPanel, and operating system components.

Data Integrity & Privacy / Access Control & Audit Trails • Secure configuration of phpMyAdmin with restricted access, enforced authentication, and optional container isolation.
• Detailed logging for sensitive areas, including real-time alerts on unauthorized access or suspicious behavior.

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11 Contact Team/Location
SMART Compliance takes a collaborative team approach to client and portal management. Our team meets daily to discuss projects and development. The following individuals will be assigned to assist with this contract; however, please know that every team member, including owners, will be involved with the dayto-day oversight and communications. This ensures that all clients receipt prompt feedback and resolution.

Contract Manager:

Judi Gregory, CEO [email protected]
/ Located in Southern CA
Primary Contact / Customer Success
Liaison / Training:

James Grunewald
[email protected] / Located in
Southern CA
Data Imports / Custom Dashboards:

Ryan Slattery [email protected]
Washington
Customer Support / Technical Issues:

Gareth Warren [email protected]
/ Pennsylvania (hours start @ 6AM PST)
Ryan Breiding / [email protected]
Additional Support:

Bob Hollis, CIO [email protected]
Zane Harvey, CTO
[email protected]
Daniel Armbruster,
[email protected]
Robert Reynolds, [email protected]
Nickolas Hessler
[email protected] / Located in
Southern CA (backup after 3PM)

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12 Technical Support
Customer Service
At SMART Compliance, exceptional customer service and support are top priorities. Our customer service ticketing system ensures that all team members are promptly notified of incoming requests. With team members located in both Pacific and Eastern time zones, we provide support coverage from 6:00 AM to 6:00 PM PST. Most inquiries are resolved within two hours during business hours, and nearly all are addressed within 24 hours.

The Customer Success Liaison serves as the initial point of contact for support via email, phone, or virtual meetings. However, our entire team is actively engaged and available to connect directly with clients as needed. Although we are a technology provider, our deep roots in the solid waste industry give us a clear understanding of the critical nature of timely support, whether it’s assisting field staff with urgent technical issues or helping administrative teams meet tight deadlines. We pride ourselves on being responsive, reliable, and attentive to our clients' needs.

An exciting advancement within the Company is
the introduction of a SMART AI Agent SMARTbot—a
feature designed to assist users by answering common questions and

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13 supplementing the User Manual. This AI-powered chatbot is trained on our internal documentation to ensure accurate, reliable support. In the future, the chatbot will also be enhanced with client-specific data to provide even greater value and personalization. In future iterations, SMARTbot will integrate jurisdiction-specific information enabling more tailored responses for staff and system users.

Additionally, we have developed the SMART AI Voice Agent, SMARTchat, which will offer users an alternative customer service touchpoint through voice interaction.

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14 Quote
SERVICE 1-YEAR 3-YEAR 5-YEAR
One-time setup fee $1,995 $1,995 N/C
Cost for Implementation Record
Only portal $9,995 $19,990 $33,000
Unlimited user logins Included Included Included
*Based on prepay of subscription. Includes all features, ongoing support,

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15 Proof of Insurance
The following page is a copy of SMART Compliance’s proof of insurance, demonstrating required proof of the required insurance as set forth in the Agreement. SMART Compliance confirms that prior to award of an Agreement; our firm shall furnish the AGENCY with Certificates of Insurance clearly evidencing all required insurance and endorsements.

Furthermore, SMART Compliance agrees to procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by SMART Compliance, its agents, representatives, employees or subcontractors.

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16

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17 System Features
SMART Solutions for All SB 1383 Requirements
SMART1383 is designed to fully integrate all data and
recordkeeping functions for businesses and jurisdictions that manage solid waste programs.

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18 Implementation Recordkeeping and
Electronic Annual Reporting
One of the most notable features of SMART1383 is its ability to automatically record reportable data into the Implementation Record. This significantly reduces the administrative burden of manual tracking and spreadsheet management.

The Implementation Record includes a dedicated CalRecycle view, displaying only the relevant system-generated records.

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19 IR Features
A recordkeeping tool for an SB 1383 Implementation Record is required by California’s Short-Lived Climate Pollutants law. Here are features of SMART1383 that ensure compliance, organization, and accessibility for audits by CalRecycle.

General System Features
Centralized Database: All records stored in one secure, searchable location.

Cloud-Based Access: Multi-user access for city staff, haulers, food recovery organizations, etc.

User Permissions & Roles: Ability to assign different access levels (admin, data entry, view-only).

Audit Trail: Automatic logging of changes, including date, time, and user who made edits.

Data Export & Reporting: Downloadable reports (PDF, Excel) for CalRecycle compliance.

Required Recordkeeping Components
Program Documentation
• Written Program Descriptions
• Ordinances, Resolutions, Franchise Agreements
• Hauler Agreements
Education & Outreach Records

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20 • Copies of outreach materials (mailers, social media posts, business letters) Organics Collection & Processing
• Route Maps & Service Levels
• Contamination Monitoring Records
• Waivers
o De Minimis
o Physical Space
o Frequency
o Facility closure
o Sediment Debris
o Homeless encampment and illegal disposal
o Quarantined waste
• Tonnage Data
Edible Food Recovery
• Tier 1 & Tier 2 Generator Lists
• Inspections & Enforcement: Records of site visits, compliance status, enforcement actions.
• Agreements with Food Recovery Organizations.

Procurement Records
• Proof of purchasing recovered organic waste products
• Recycled content paper purchasing documentation
CalRecycle Access
• Custom view for CalRecycle , allowing view permissions to data, files, and photos associated with each record.

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21 For inquiries, contact us.
[email protected]
855-724-1383ext.700

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1 2025

SOFTWARE PROCUREMENT AGREEMENT
(Engagement: SMART 1383 Compliance System)
(Parties: SMART COMPLIANCE and City of Cudahy)
THIS SOFTWARE PROCUREMENT 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 SMART COMPLIANCE (hereinafter, “VENDOR”). For the purposes of this Agreement, CITY and VENDOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or VENDOR interchangeably, as appropriate.

RECITALS
This Agreement is made and entered into with respect to the following facts:

WHEREAS, the CITY requires compliance and reporting software for SB 1383 tracking and reporting; and
WHEREAS, VENDOR specializes in providing sustainability intelligence systems and comprehensive compliance and reporting software; and WHEREAS, CITY staff has determined that VENDOR 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 ____________________, 2025, under Agenda Item No. ______.

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

I.

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) years, (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.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, VENDOR agrees to provide the services and tasks described in that certain document entitled “SMART1383 PROPOSAL” dated August 26, 2025, which is attached and Attachment E Page 142 of 279
2 incorporated hereto as Exhibit “A” (hereinafter, “VENDOR PROPOSAL”).

VENDOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Services.”

1.3 PROSECUTION OF SERVICES:

A. Time is of the essence for this Agreement and each and every provision contained herein. The Services shall be commenced within (3) calendar days of the Effective Date. VENDOR 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 October 31, 2028 (the “Completion Date”);
B. VENDOR shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other VENDORs, contractors, or agents; C. VENDOR shall not claim or be entitled to receive any compensation or damage because of the failure of VENDOR, or its subconsultants, to have related services or tasks completed in a timely manner; D. VENDOR shall not claim or be entitled to receive any compensation or damage because of the failure of VENDOR, or its subconsultants, to have related services or tasks completed in a timely manner; E. VENDOR shall at all times enforce strict discipline and good order among VENDOR’s employees; and
F. VENDOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: VENDOR shall perform the Services in accordance with the quote set forth on page 14 of the Vendor Proposal. The foregoing notwithstanding, VENDOR’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of TWENTY-ONE THOUSAND NINE HUNDRED EIGHTY-FIVE DOLLARS ($21,985) (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 VENDOR’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend VENDOR’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.

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3 1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to VENDOR in yearly increments as set forth on page 14 of the Vendor Proposal.

Upon execution of this Agreement, and on a yearly basis for the Term of the Agreement, VENDOR will submit to CITY an itemized invoice indicating the services performed and tasks completed during the previous year, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of VENDOR’s monthly compensation is a function of hours worked by VENDOR’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar year, 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 VENDOR 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 VENDOR.

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

1.7 ABANDONMENT BY VENDOR: In the event VENDOR 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, VENDOR will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by VENDOR in the performance of this Agreement.

Furthermore, VENDOR 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 VENDOR’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Raul Diaz, Public Works Director (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. VENDOR will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.

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4 2.2 VENDOR REPRESENTATIVE: VENDOR hereby designates Judi Gregory, CEO, to act as its representative for the performance of this Agreement (hereinafter, “VENDOR Representative”). VENDOR Representative will have full authority to represent and act on behalf of the VENDOR for all purposes under this Agreement.

VENDOR Representative or VENDOR 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 VENDOR Representative will constitute notice to VENDOR.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

VENDOR 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 VENDOR will be subject to inspection and approval by City Representative or his or her designees.

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

A. VENDOR 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. VENDOR 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. VENDOR will perform all Services in a manner reasonably satisfactory to the CITY;
D. VENDOR 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.) VENDOR shall be liable for all violations of such laws and regulations in connection VENDOR’s performance of the Services. If VENDOR performs any work knowing it to be contrary to such laws, rules and regulations, VENDOR shall be solely responsible for all costs arising therefrom; E. VENDOR understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance;

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5 F. All of VENDOR’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by VENDOR; and
G. All of VENDOR’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 VENDOR will perform, at VENDOR’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by VENDOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of VENDOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by VENDOR 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 VENDOR or on VENDOR’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 VENDOR, including but not limited to the representation that VENDOR 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 VENDOR 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 VENDOR or on behalf of VENDOR in the performance of this Agreement. In recognition of this interest, VENDOR 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 VENDOR’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 VENDOR:

The Services will be performed by VENDOR or under VENDOR’s strict supervision. VENDOR will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. CITY retains VENDOR on an independent contractor basis and not as an employee.

VENDOR reserves the right to perform similar or different services for other

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6 principals during the term of this Agreement, provided such work does not unduly interfere with VENDOR’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 VENDOR are not employees of CITY and will at all times be under VENDOR’s exclusive direction and control. VENDOR 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. VENDOR 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, VENDOR 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 VENDOR’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 VENDOR, a threat to persons or property, or if any of VENDOR’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 VENDOR and will not be reassigned to perform any of the Services.

2.8 COMPLIANCE WITH LAWS: VENDOR 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. VENDOR’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: VENDOR 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 VENDOR and all persons retained or employed by VENDOR are, and will at all times remain, wholly independent s and are not officials, officers,

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7 employees, departments, or subdivisions of CITY. VENDOR will be solely responsible for the negligent acts and/or omissions of its employees, agents, VENDORs, subcontractors and subconsultants. VENDOR and all persons retained or employed by VENDOR 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 VENDOR 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, VENDOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. VENDOR will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: VENDOR 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 Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) 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, VENDOR 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 VENDOR 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 VENDOR 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, VENDOR will procure and maintain Errors and Omissions Liability Insurance appropriate to VENDOR’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

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8 E. Cyber Security: Cyber Security coverage to include technology/professional liability insurance, intellectual property infringement, and data protection liability insurance. VENDOR shall procure and maintain coverage for cyber liabilities and financial loss resulting or arising from acts, errors, or omissions, in connection with data maintenance, hosting, software development and other information technology services provided under this agreement. Coverage shall include protection for liability arising from:
intellectual property infringement arising out of software and/or content (excluding patent infringement and misappropriation of trade secrets); breaches of security; violation or infringement of any right, privacy, breach of federal, state, or foreign security and/or privacy laws or regulations including; data theft, damage, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, identity theft, theft of personally identifiable information or confidential corporate information, transmission of a computer virus or other type of malicious code; and participation in a denial of service attack on a third party. The minimum limits shall be two million dollars ($2,000,000) for each and every claim and in the aggregate.

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 VENDOR’S INSURANCE: All policies of insurance provided by VENDOR 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 VENDOR’s insurance and will not contribute with it.

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

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9 3.6 VERIFICATION OF COVERAGE: VENDOR 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, VENDOR 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, VENDOR shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, VENDOR 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 VENDOR or CITY will withhold amounts sufficient to pay premium from VENDOR 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. VENDOR acknowledges that CITY would not enter into this Agreement in the absence of VENDOR’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent VENDOR’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 VENDOR.

VENDOR’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.

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10 4.2 To the fullest extent permitted by law, VENDOR 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 VENDOR’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 VENDOR under this Agreement, any amount due to CITY from VENDOR as a result of VENDOR’s failure to either pay CITY promptly for any costs associated with VENDOR’s obligations to indemnify the CITY Indemnitees under this Article or related to VENDOR’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 VENDOR under this Article will not be limited by the provisions of any workers’ compensation act or similar act. VENDOR 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 VENDOR 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 VENDOR in the performance of this Agreement. In the event VENDOR fails to obtain such indemnity obligations from others as required herein, VENDOR 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 VENDOR’s subcontractors or any other person or entity involved by, for, with or on behalf of VENDOR 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 VENDOR 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.

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11 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, VENDOR will be compensated only for those services and tasks which have been performed by VENDOR up to the effective date of the termination. VENDOR 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 VENDOR to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by VENDOR in connection with the performance of the Services. VENDOR 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. VENDOR 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 VENDOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which VENDOR 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, VENDOR may submit a written request for additional time to cure the Event of Default upon a showing that VENDOR has commenced efforts to cure the Event of Default and that

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12 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, VENDOR may submit a written request for additional time to cure the Event of Default upon a showing that VENDOR 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 VENDOR 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 VENDOR will include, but will not be limited to the following: (i) VENDOR’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) VENDOR’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) VENDOR’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 VENDOR, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by VENDOR relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by VENDOR within forty-five (45) calendar days of VENDOR’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 VENDOR as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of VENDOR’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend VENDOR’s performance under this Agreement pending VENDOR’s cure of any Event of Default by giving VENDOR written notice of CITY’s intent to suspend VENDOR’s performance (hereinafter, a “Suspension Notice”).

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13 CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, VENDOR will be compensated only for those services and tasks which have been rendered by VENDOR 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 VENDOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to VENDOR, 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 VENDOR’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

VENDOR 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, VENDOR’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to VENDOR 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.

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14 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 VENDOR 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. VENDOR will require all subcontractors and subconsultants working on behalf of VENDOR 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 VENDOR in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by VENDOR or provided for performance of this Agreement are deemed confidential and will not be disclosed by VENDOR 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. VENDOR 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: VENDOR warrants and represents that neither VENDOR nor any person who is an officer of, in a managing position with, or has an ownership interest in VENDOR 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.

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15 6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CITY: VENDOR:

City of Cudahy
Public Works Department
Attn: Raul Diaz, Public Works Director
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143
Smart Compliance
6625 N Calle Eva Miranda, Suite A,
Irwindale, CA 91702
Attn: Judi Gregory, CEO
Phone: (855) 724-1383 Ext. 700
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: VENDOR 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 VENDORS: CITY reserves the right to employ other independent VENDORs in connection with the various projects worked upon by VENDOR.

6.8 CONFLICTS OF INTEREST:

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

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

C. VENDOR 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. VENDOR warrants and represents that no owner, principal, partner, officer, or employee of VENDOR 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 VENDOR was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, VENDOR warrants that any such individuals did not participate in any manner in the forming of this Agreement. VENDOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and VENDOR will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and VENDOR will be required to reimburse the CITY for any sums paid to VENDOR. VENDOR 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.

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17 6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

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

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

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

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

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and VENDOR 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 VENDOR and without the fault or negligence of VENDOR, 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. VENDOR 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 VENDOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, VENDOR’s sole remedy being extension of the Agreement pursuant to this Section.

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18 6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

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

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

CITY OF CUDAHY:

By:

XXXXXX, City Manager

Date:_______________________
SMART COMPLIANCE:

By:

Name: Judi Gregory
Title: CEO
Date:___10/14/2025___________
APPROVED AS TO FORM:

By: _____
XXXXX
City Attorney
Date:____________________________

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Routeware, Inc.
16525 SW 72nd Ave
Portland, Oregon 97224
United States
Phone: (503) 906-8500
Email: [email protected]
Order Form
Order #: Q-15346-1
Agreement Term: 36 Months
Offer Good Through: 10/30/2025
Ship To
Raul Diaz
City of Cudahy - CA
5220 Santa Ana Street
Cudahy, California 90201
United States
323-773-5143
Bill To
City of Cudahy - CA
5220 Santa Ana Street
Cudahy, California 90201
United States

SALESPERSON PHONE EMAIL PAYMENT TERMS
Tom Osmun (615) 474-0751 [email protected] Net 30 Statement of Confidentiality & Non-Disclosure
This document contains proprietary and confidential information. All information and data submitted to City of Cudahy - CA is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Cudahy - CA who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc’s express written consent.

BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-15346

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Attachment F Page 161 of 279
Services

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Program Tracker Implementation Each 1.00 USD 5,000.00 USD 5,000.00 Services Total: USD 5,000.00
Recurring Subscriptions

PRODUCT UNIT QTY UNIT PRICE EXTENDED
Recyclist Essential Per Month 1.00 USD 1,816.00 USD 1,816.00 --- Program Tracker 1.00 USD 0.00 USD 0.00
--- RST Data Import - Prepaid 4.00 USD 0.00 USD 0.00
Recurring Subscriptions Total: USD 1,816.00
Q-15346

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Payment Terms -
Software Fees are invoiced thirty (30) days after the Contract Start Date (the Effective Service Date).

Invoices for Recurring Subscriptions shall be issued annually in advance, with the initial invoice issued on the Effective Service Date and each subsequent invoice due on the corresponding date of each successive anniversary thereafter. The term of the Recurring Subscription(s) shall commence on the Effective Service Date.

For all other services, Company will submit invoices for services to the Customer by the 10th of the month following the month in which Company provided services and Company’s invoice will have a date, an invoice number, a purchase order number and a description of the goods or services.

Terms & Conditions Information
This Order and all products and services herein are subject to and limited to the terms and conditions located at https:// www.routeware.com/Clients. Any purchase orders issued in response to this Order will be deemed acceptance of such terms. https://www.routeware.com/Clients/ Password: RWClient1! Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes.

This system requires a specific server to operate Routeware software, which may need to be purchased separately.

This system requires cellular connectivity for each vehicle which may need to be purchased separately.

If route sequencing by Routeware is a requirement, additional professional services fees may apply.

On-Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware.

Any lapse in support voids perpetual license.

Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred.

Additional Terms -
SOW Additional Term:

A mutually agreed-upon Statement of Work (SOW) for the implementation is required prior to contract execution.

The hours included in this order and the accompanying Statement of Work represent our best estimate of hours required for the Project, based on our experience. You understand and agree that actual fees may differ. All fee and timeline estimates are based on the information provided to us to-date, including your system requirements and resource allocations. It does not account for presently unknown circumstances that create uncertainty. These include, for example, your level of participation, complexity of your processes and requirements, unknown system and data elements, changes in scope of work, changes in assumptions, delays caused by you or third parties, or other conditions outside of our reasonable control. We will notify you if we expect to exceed cost or timeline estimates, and this will be addressed through the change order process described below.

We will work with your Project Manager to help manage the scope of the Services within the estimate provided. However, both parties acknowledge and agree that actual fees may differ from this estimate. If we determine there has been a change in or unsuccessful completion of responsibilities or assumptions set forth in this Proposal, a change order may be required. In addition, any Project changes, including to address unknown circumstances, additional work requested by you or changed requirements, will require a Change Order. Change Orders may also impact the Project timeline. You understand that, in all instances, Routeware's compensation will be based upon the work actually performed and expenses actually incurred. "RST Data Import - Prepaid" allows four (4) data import per every twelve (12) months. A quote for any additional imports will be provided upon request.

Recyclist Essential Subscription includes 4 prepaid data imports per year and must be included.

Usage Limit Terms -
Q-15346

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Customer is authorized to employ the product solution(s) for up to the limits specified above. Additional charges will be incurred if the solution(s) are used beyond these specified limits.

Q-15346

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Q-15346

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16525 SW 72nd Ave.

Portland, OR 97224
www.Routeware.com
(503) 906-8500 | Corporate Offices
(877) 906-8550 | Toll Free
(503) 906-8544 | Fax
ROUTEWARE INC. CONFIDENTIAL PAGE 1 OF 8

STATEMENT OF WORK
Purpose
This statement of work (“SOW”) and any addenda attached hereto, sets forth the deliverables associated with the Routeware Inc. implementation of licensed software/subscription services (hereafter “Product” or “Services”) as determined by the applicable Master Sales and License Agreement and Professional Services Agreement, hereafter “Agreement”, executed by the City of Cudahy, CA (“Licensee” or “Customer” or “Subscriber”) and Routeware Inc. (“Licensor” or “Provider”).

This SOW and attached Addenda set forth the scope and objectives, project stages, project governance and objectives, gate checks and lifecycle stages, and change management, applicable to the implementation of the Product or Services as further identified within the Routeware Inc. line of business below:
☐ Smart City
☐ Solid Waste
☐ Snow/Sweep
☐ Smart City Driver App – Routeware TaaS
☐ Smart City Driver App – BYOD
☐ Premium Video
☐ GeoTab Devices
☐ ReCollect
☐ Small Implementation
☐ Collection Calendar
☐ Waste Wizard
☐ Sorting Game
☐ Custom Artwork
☐ Mobile App
☐ Large Implementation –
☐ Special Request Tool
☐ Cart Request Tool
☒ Recyclist Program Tracker
☐ Compliance Publishing

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ROUTEWARE INC. CONFIDENTIAL PAGE 2 OF 8
Routeware Inc.’s Gate Checks
Routeware Inc. will develop a project plan to manage the implementation lifecycle and to report on progress. Any requests for deviations to the project plan will be documented, reviewed, and approved by the respective project managers for the Customer and Routeware Inc. In addition, a summary of requested changes will also be reviewed during the scheduled gate check reviews. Changes must be mutually approved by both parties.

As part of its standard and proven project execution, Routeware Inc. will structure the project into several phases designed to ensure success. Routeware Inc. will work collaboratively with the Customer to develop a plan that details requirements, assigns responsibilities, and sets due dates – to best achieve the goal of meeting the designated go-live date with a minimum of business disruption. From the onset of the project, Routeware Inc. will assign a core implementation team.

Routeware Inc. will execute gate check reviews at the completion of the Discover, Design, and Deploy stages of the project lifecycle. The gate check reviews provide the following:

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ROUTEWARE INC. CONFIDENTIAL PAGE 3 OF 8
Stage 1 - Discover
The Discover stage includes the comprehensive planning and resource scheduling for the duration of the project, including a review of the approach and governance, the cadence for status reporting, and clarification of roles and responsibilities for Routeware Inc. and Customer project team members. It also includes the requirements confirmation interview, documentation, and approval, along with the initial solution configuration based on Routeware Inc.’s best practices for a specific Customer’s needs, and the import of Customer data.

Stage 2 - Design
The “future state” is documented, reviewed, and approved by the Customer, including a validation of the data imported, upon which time the environment is provisioned, the solution installed, and the Customer provided access to the solution. There will be progressive “targeted” training and begin the solution familiarization process for key users, along with the creation of a validation plan to be used during the Deploy stage. The Routeware Inc. team performs an internal verification that the solution, as configured, is operating properly, and aligns with the approved requirements and future state configuration, reaching the milestone referred to as being “solution complete”.

Stage 3 - Deploy
The Deploy stage includes scenario-based training, followed by the Customer’s end-to-end validation of the solution across business scenarios/use cases identified and configured during the Discover and Design stages. Scenario-based training - typically conducted with Customer-identified “super users” - follows a tell, show, do model, where the individual delivering the training outlines the scenario, then demonstrates the scenario, and finally the super users complete an end-to-end example themselves using the “happy path”, a clean, well-executed process without exceptions. Upon completion of the validation plan, the milestone of “solution acceptance” is confirmed by the Customer. At go-live there is final training and practice for end users and drivers, with a focus on what a user needs to do in the system to complete the duties of a particular role, including handling of typical “operational exceptions” encountered on a day-to-day basis. The final system cutover is performed and Routeware Inc. aids the Customer during the go live event and stabilization period, helping to triage, manage and resolve issues that may arise, followed by a transition to support, and project closeout.

Services
The scope of Services outlined below provides a breakdown of the key components and gate checks of the Routeware Inc. implementation and the corresponding deliverables provided by Routeware Inc. and the Customer.

Routeware Inc. Deliverables Customer Deliverables
Discover Key activities include:
● Project kick-off
● Develop implementation plan/key
milestones
● Complete pre-implementation documents
● Review, document, and approve business
requirements:
o Scenarios
Key activities include:
● Define/assemble project team
● Project planning
● Define measures of project success
Key deliverables include:
● Process questionnaires

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o Reporting
o Integrations
o Data workshop/Data import
Key deliverables include:
● Draft project plan
● Session agendas
● Documented business requirements
● Environment provisioning/solution
installation
● Provide documented process to
model recommended configuration
● Provide sample data sets
Design Key activities include:
● Define, configure, document and approve
future state
● Conduct status meetings
● Update project plan
● Install solutions(s)
● Targeted training on data maintenance,
transactions etc.
● Solution familiarization exercises
● Drafting solution validation plan
● Creation of scenario-based training plan
● Conduct status meetings
Key deliverables include:
● Data import (3 imports into test
environment)
● Solution configuration
o Users
o Customers
o Equipment
o Routes
o Codes
o Other applicable data
● Session agendas
● Targeted training
● Final solution configuration
● Design gate check
● Project plan revisions
Key activities include:
● Customer completes recommended
Product training
● Attend all system configuration
sessions
● Complete all action items after each
system configuration session
● Required configuration and testing
● Internal process review
● Attend all design sessions
● Complete solution familiarization
exercises
● Attend all status meetings
● Begin work on change management
activities
Key deliverables include:
● Approved business requirements
● Provide data for import
o Accepted file formats
include .csv or .xml
o Updated data sets as
required
● Approved future state
configurations
● Enumeration of test plans
● Solution familiarization activities
● Data maintenance
● Transaction practice
● Solution validation
● Usage documentation and/or
standard operating procedures
(SOPs)
● Approval/sign-off
Deploy Key activities include:
● Scenario-based super user training
● Solution validation (user acceptance
testing, UAT)
● Creation of end-user training plan
● Solution acceptance milestone
● Conduct status meetings
● Update project plan
Key activities include:
● Solution validation activities
● End-user training plans
● Approval/sign-off
● Solution acceptance
Key deliverables include:
● End-user training and practice

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ROUTEWARE INC. CONFIDENTIAL PAGE 5 OF 8
● End-user training and practice
● Go-live cutover
● Issue management and stabilization
● Transition to support
● Project closeout
Key deliverables include:
● Scenario-based training
● Readiness gate check
● Project plan revisions
● Go-live cutover and stabilization assistance
● Issue management and resolution
● Transition to support
● Project closeout
● Issue triage and management
Recommended Product Implementation Order
DISCLAMER:
• All implementation durations noted below are estimates based on previous implementation projects.

Timelines for your implementation of each system will vary based on a number of variables including, but not limited to, data quality, resource availability, and the size/complexity of your operation. • Routeware’s implementation teams will always prioritize quality over speed and will provide and maintain a detailed project plan based on your particular needs and goals.

1. Data Workshop
Completion Time: 4-12+ weeks depending on data quality and integrity. • Routeware’s Project Management and Implementation resources in conjunction with Routeware’s data experts will work in collaboration with your project team to acquire the data required for system configuration from your legacy system in its current state. • Routeware’s data experts will map your data to configure your new system. • Routeware’s implementation team will work with your project team to validate this data work before and after it’s imported.
• Routeware’s project team will work with your project team to create a “Go-Live data refresh” plan to ensure data is refreshed as close to go-live as possible.

Note: While Routeware can map your data to the new system, Routeware’s ability to “Clean” legacy data is limited. Your resources may be required to make adjustments to data within the legacy system.

2. Customer and Operations Management – Smart City
Implementation Time: Date Validated and Complete + 12 weeks • Source of truth for all data related to customers and operations. • These systems will integrate with and/or supply nearly all of the data that additional Routeware products require.
• These systems are the “heaviest lifts” to implement in the Routeware product suite. “It’s all downhill from here.”
• These systems are set up in the image of “How the organization operates today” while keeping potential final state changes to the operation in mind. o Routeware recommends not making any unnecessary changes to existing operational processes to avoid undue stress on end users. E.g. If you’re planning to optimize your route

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ROUTEWARE INC. CONFIDENTIAL PAGE 6 OF 8
plans and implement on-board computers for drivers as a part of this project, Routeware strongly recommends not implementing both at the same.
o Routeware’s Project Managers will assist your operation with planning the best steps for getting from where you are today to your desired final state.

3. Compliance Tracking – Recyclist, Compliance Publishing Implementation Time: 6-8 weeks
• Implementing Recyclist can technically be done at any time in parallel with other products assuming your implementation resources have enough bandwidth. However, Routeware recommends kicking off the Recyclist implementation following the completion of the Customer and Operations Management system.

4. Customer Communication & Education – ReCollect
Implementation Time: 6-12 weeks depending on modules purchased. • ReCollect can technically be implemented at any time in parallel with other products assuming your implementation resources have enough bandwidth. However, depending on the ReCollect modules purchased, ReCollect will work in concert with your Customer and Operations Management system and as such Routeware recommends starting the ReCollect Implementation following the Customer and Operations Management system implementation to avoid duplication of effort in the provisioning processes.

Assumptions
● All data to be imported will be provided in the Routeware Inc.-approved .csv, .sql or .xml format, and will not require transformation during the import process.
● The Customer will provide adequate resources and key decision makers required to meet tasks associated with implementation milestones.
● The Routeware Inc. project manager will be the primary contact throughout the project, will coordinate the efforts of implementation consultants and subject matter experts (SMEs) throughout the project, and will establish a cadence of status meetings with the Customer. ● The data import process will validate the integrity of the data, and exceptions provided back to the Customer for resolution prior to final import.

Out of Scope
● Interfaces – No interfaces to 3rd party applications are included in this Scope of Work. o If an interface to a 3rd party technology solution is required a secondary SOW will be drafted following process discovery and technical scoping conversations including Routeware, the customer, and the 3rd party technology provider.
● Custom Reports – Reporting is robust across all Routeware Inc. solutions. If you require unique custom reports, those will be scoped separately with an estimate for your consideration. ● Customized development work to any Routeware system.
● Development of non-standard workflows, use cases, or business practices. ● Development of non-standard training documents

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ROUTEWARE INC. CONFIDENTIAL PAGE 7 OF 8
SOW Change Order
Changes to a SOW will require a written change order signed by the parties prior to implementation of the changes. Such changes may include, for example, changes to the scope of work and any corresponding changes to the estimated fees and schedule for the performance of the applicable Services. Upon Routeware Inc.’s receipt of a change order request from the Customer, Routeware Inc. will promptly notify the Customer if Routeware Inc. believes that the change order request requires an adjustment to the fees or to the schedule for the performance of the applicable Services. In such an event, the parties will negotiate in good faith a reasonable and equitable adjustment to the fees and/or schedule, as applicable. During such negotiations, Routeware Inc. may continue to perform Services pursuant to the existing SOW and will have no obligation to perform Services pursuant to the change order request unless and until the parties have executed an applicable change order. Any time and materials that are required to evaluate a change order request are billable at Routeware Inc.’s then-current standard rates.

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ROUTEWARE INC. CONFIDENTIAL PAGE 8 OF 8
Services Summary
All pricing for the Professional Services described in this Scope of Work is included in the accompanying Order Form(s) #Q-15346. Fees are based on a fixed fee structure and reflect Routeware Inc.’s current understanding of the Customer’s business requirements and the anticipated future state of the project. Any changes to this Scope of Work or requests for additional services will require a new SOW and may incur additional charges at Routeware Inc.’s then-current rates. Final acceptance of this SOW will follow the formal quote which includes this document. ☒ Fixed Fee
Professional Services Description QTY
Program Tracker
Implementation
Requirements confirmation, solution configuration, documentation, training, go live assistance
1 Confidentiality Statement
This SOW, including all attachments, copies, and derivatives thereof, is considered Routeware Inc. confidential information, and is subject to all obligations of confidentiality set forth in the Agreement.

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Proposal for
Minerva Compliance Software
Submitted by
September 30, 2025

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1 Proposal for
Minerva Compliance Software
Table of Contents
1 Proposal Letter ...................................................................................................................................... 2 2 Pricing ..................................................................................................................................................... 3 3 References ............................................................................................................................................. 4 4 Resumes ................................................................................................................................................. 5 5 Minerva Application Details .................................................................................................................. 8

5.1 Feature Highlights of Minerva™ ......................................................................................................................................... 8

5.2 Application screenshots: ................................................................................................................................................... 11

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2 1 Proposal Letter
September 30, 2025
Mr. Raul Diaz
Public Works Director
City of Cudahy
5220 Santa Ana St.

Cudahy, CA 90201
Proposal for Minerva Compliance Software
Dear Mr. Diaz:

MSW Consultants is pleased to submit this proposal to furnish Minerva™ (Minerva) compliance software to the City of Cudahy (City). We are uniquely qualified to provide our software and service because:
 Minerva’s services and support team is very responsive, acting as an extension of your team, making daily use and reporting with the software efficient and time saving.  Minerva provides independent insight into hauler data, automatically calculates commercial generator compliance metrics, and includes single click access to the data used to calculate each metric.  Minerva is currently being used by over 40 California jurisdictions to track their SB 1383 compliance.  Minerva tracks commercial generator SLCP recycling compliance over time so hauler and the City are able to visually see progress due to customer rollouts and activity updates.  Minerva enables users to track and coordinate ongoing compliance activities among staff, haulers and outreach contractors.

If you have any questions, please call me at (951) 704-9776 or email me at [email protected].

Sincerely yours,
David Davis, CMA I President, MSW Consultants, Inc.
41760 Ivy St., Suite 203, Murrieta, California 92562
(951) 704-9776 | [email protected]

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3 2 Pricing
Annual Subscription Fee
1-year
Subscription
3-year
Subscription
Annual Minerva Subscription Fee* $17,000 $15,000
Minerva Setup Fee (one time) $2,000 waived
*Based on prepay of subscription. Includes all features, ongoing support, updates, and up-toweekly service data imports.

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4 3 References
ReThink Waste, (South Bayside Waste Management
Authority)
Reagan Chung
Recycling and Compliance Program Manager
(650) 610-1625
[email protected]
ReThink Waste recently competitively selected
Minerva. ReThink Waste manages the solid waste
programs of eleven jurisdictions; all served by
Recology.

County of Fresno
Mike Griffey
Senior Staff Analyst
(559) 600-4307
[email protected]
The County of Fresno has been a Minerva subscriber
since 2022. The County has seven haulers that operate
in unincorporated areas. Minerva is currently focused
on entering new waivers and identifying customers
that need outreach to become compliant with a 3-
container collection system. First quarter service data has been imported from all available haulers. We are
currently working with another hauler, who has a new
billing system, to provide data to be imported into
Minerva.

Imperial Valley Resource Management Agency
(IVRMA)
Maricela Galarza
Program Manager
(760) 996-0972
[email protected]
The IVRMA has been a Minerva subscriber since 2023.

The IVRMA has two haulers that provide service to
eight jurisdictions. Minerva is currently focused on
entering route review and other activity data into the
system. First quarter service data has been imported
from both haulers for each of the eight jurisdictions in the IVRMA.

City of Pasadena
Whitney Jacobs
Program Coordinator
(626) 744-7168
[email protected]
The City of Pasadena selected Minerva via RFP in 2023.

The City provides municipal service exclusively to
residential customers. The City has over ten
commercial haulers with actively updated quarterly
service data.

City of Torrance
Liliana Myers
Policy and Resource Specialist
(310) 618-6283
[email protected]
The City of Torrance has been a Minerva subscriber
since 2023. The City provides municipal service
exclusively to residential customers. The City has over ten commercial haulers with actively updated
quarterly service data.

City of Vallejo
Derek Crutchfield
Environmental Services Manager
(707) 648-5346
[email protected]
The City of Vallejo has been a Minerva subscriber since 2023. The City of Vallejo is served by Recology. The
City initially used Minerva with Recology’s old billing system, and has since migrated to Recology’s new
billing system. Minerva is currently focused on overall compliance by adding waivers and exemptions.

Generator editing is being utilized to show that
customers are sharing containers. The city is under a
Compliance Evaluation, so the Implementation Record
is consistently being updated when new information
becomes available. First quarter service data has been
imported into Minerva.

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