HOA.105511798.7 19
SECTION 26. This ordinance shall become operative on January 1, 2026. [TITLE31GREENBUILDCODE2025CSCC]
SECTION 27. This ordinance shall be published in The Daily Commerce a newspaper printed and published in the County of Los Angeles.
Chair
ATTEST:
Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
I hereby certify that at its meeting of November 25, 2025 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit:
Ayes Noes
Supervisors Hilda L. Solis Supervisors None
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
Effective Date: December 25, 2025
Operative
Date: January 6, 2026
Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Nicole Davis Tinkham
Chief Deputy County Counsel
S:\Ordinances\County Counsel\2025\2025-0052
HOA.105518009.9
ANALYSIS
This ordinance repeals those provisions of Title 33 – Existing Building Code – of the Los Angeles County Code that incorporated by reference portions of the 2022 California Existing Building Code and replaces them with provisions incorporating by reference portions of the 2025 California Existing Building Code, published by the California Building Standards Commission, with certain changes and modifications.
Unless deleted or modified herein, the previously enacted provisions of Title 33 continue in effect.
State law requires that the County's Existing Building Code impose the same requirements as are contained in the building standards published in the most recent edition of the California Existing Building Code. State law allows the County to change or modify these requirements in compliance with section 17958 of the California Health and Safety Code.
The changes and modifications to requirements contained in the building standards published in the 2025 California Existing Building Code that are contained in this ordinance are based upon express findings, contained in the ordinance, that such changes are reasonably necessary due to local climatic, geological, or topographical conditions. These changes and modifications are substantially equivalent to changes or modifications previously filed by the County of Los Angeles, which were in effect as of September 30, 2025.
DAWYN R. HARRISON
County Counsel
By
MARGARET F. AMBROSE
Principal Deputy County Counsel
Public Works Division
MFA/bc:
Requested: 07/31/25
Revised: 10/22/25
Attachment B Page 389 of 438
ORDINANCE NO. 2025-0053
An ordinance amending Title 33 – Existing Building Code – of the Los Angeles County Code, to adopt and incorporate by reference the 202225 California Existing Building Code, with certain changes and modifications.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Chapters 2 through 5, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5, of this Title 33 of the Los Angeles County Code, which incorporate d by reference and modified portions of the 201922 California Existing Building Code, are hereby repealed.
SECTION 2. Chapter 1 is hereby amended to read as follows:
100 ADOPTION AND INCORPORATION BY REFERENCE
Except as hereinafter changed or modified, Sections 102 through 119 of Chapter 1 of Title 26 of the Los Angeles County Code are adopted and incorporated by reference into this Title 33 of the Los Angeles County Code as if fully set forth below, and shall be known as Sections 102 through 119 of Chapter 1 of Title 33 of the Los Angeles County Code.
Except as hereinafter changed or modified, Chapters 2 through 511, 14, 15, and 16, and Appendix A, Chapters A1, A3, A4, and A5, of that certain code known and designated as the 20222025 California Existing Building Code, as published by the California Building Standards Commission, are adopted and incorporated by reference into this Title 33, as if fully set forth below, and shall be known as Chapters 2 through
HOA.105518009.9 2
511, 14, 15 and 16, and Appendix A, Chapters A1, A3, A4, and A5, of Title 33 of the Los Angeles County Code.
A copy of the 20222025 California Existing Building Code shall be at all times maintained by the Building Official for use and examination by the public.
SECTION 3. Section 302.6 is hereby added to read as follows:
302.6 Parapets and appendages.
302.6.1 General compliance. Whenever the Building Official determines by inspection that, as a result of inadequate construction or bracing to resist horizontal forces, an existing parapet or appendage attached to and supported by an exterior wall of a building is likely to become a hazard to life or property in the event of earthquake disturbance, and such parapet or appendage is not an immediate hazard or danger, as described in Section 102, the Building Official may provide the owner of the building or other person or agent in control of the building, where such parapet or other appendage exists, with a written notice specifying the hazards and the inadequacies of the construction or bracing. The owner of the building or other person or agent in control of the building shall, within 12 months from the date of such written notice, eliminate the hazard as set forth below. Any person receiving notice as set out in this Section may appeal, in the manner provided by Section 102.4, to the Building Board of Appeals.
HOA.105518009.9 3
302.6.2 Wall anchor. The parapet or appendage shall be removed and the remainder of the wall shall be anchored at the roof line, or it shall be reconstructed so that it will conform structurally as nearly as practicable to the requirements of Chapter 16 of the Building Code, or it shall be otherwise braced and strengthened in a manner satisfactory to the Building Official, so that it will resist a reasonable degree of horizontal forces without becoming dislodged or at risk of falling. 302.6.3 Inspection of existing condition. Where, in the opinion of the Building Official, it is necessary to open a portion of a roof, wall, or ceiling of a building in order to determine the structural condition of any parapet or appendage, the Building Official may order the owner to make such opening, and the owner shall comply with said order at the owner's sole cost and expense.
SECTION 4. Section 302.7 is hereby added to read as follows:
302.7 Existing glass. Whenever the Building Official determines by inspection that an existing glass installation, in rooms having an occupant load of more than 100 persons or a means of egress serving an occupant load of more than 100 persons, as determined by Chapter 10 of the Building Code, is likely to become a hazard in the event of accidental human impact, as described in Section 2406.4 of the Building Code, and such installation does not comply with the provisions for glazing in such locations, the Building Official may provide the owner of the building or other person or agent in control of the building where such glazing exists with a written notice of such condition. The owner of the building or other person or agent in control of the
HOA.105518009.9 4
building shall, within 90 days after receiving said notice, replace such glass or otherwise cause the installation to conform to the requirements of the Building Code.
SECTION 5. Section A401.2 is hereby amended to read as follows:
A401.2 Scope. The provisions of this cChapter apply tomay be used for voluntary seismic improvements to existing buildings of wood construction that contain residential occupancies and are assigned to Risk Category II, and where the structure has a soft, weak, or open-front wall line, and there exists one or more stories above.
SECTION 6. Section A403.1 is hereby amended to read as follows:
[BS] A403.1 General. Modifications required by the provisions in this c Chapter shall be designed in accordance with the California Building Code provisions for new construction, except as modified by this cChapter.
Exception: Buildings for which the prescriptive measures provided in Section A404 apply and are used.
Alteration of the existing lateral force-resisting system or vertical load-carrying system shall not reduce the strength or stiffness of the existing structure, unless the altered structure would remain in conformance to the bBuilding cCode and this c Chapter.
HOA.105518009.9 5
SECTION 7. Section A404.1 is hereby amended to read as follows:
[BS] A404.1 Limitation. These prescriptive measures shall apply only to two-story buildings and only when deemed appropriate by the codeBuilding oOfficial.
These prescriptive measures rely on rotation of the second floor diaphragm to distribute the seismic load between the side and rear walls around a ground floor open area. In the absence of an existing floor diaphragm of wood structural panel or diagonal sheathing at the top of the first story, a new wood structural panel diaphragm of minimum thickness of ¾ inch (19.1 mm) and with 10d common nails at 6 inches (152 mm) on center shall be applied. A California licensed architect or engineer shall demonstrate compliance with the requirements of Section A404.1 and shall approve and stamp the construction documents.
SECTION 8. Section A405.1 is hereby amended to read as follows:
[BS] A405.1 New materials. New materials shall meet the requirements of the California Building Code, except where allowed by this cChapter.
SECTION 9. Section A407.1 is hereby amended to read as follows:
[BS] A407.1 Structural observation.
Structural observation, in accordance with Section 1704.6 of the California Building Code, is required, regardless of seismic design category, height, or other conditions. Structural observation shall include visual observation of work for conformance to the approved construction documents and confirmation of existing conditions assumed during design.
HOA.105518009.9 6
SECTION 10. Section A407.3 is hereby amended to read as follows:
[BS] A407.3 Testing and inspection.
Structural testing and inspection for new construction materials, submittals, reports and certificates of compliance shall be in accordance with Sections 1704 and 1705 of the California Building Code. Work done to comply with this cChapter shall not be eligible for Exceptions 1, 2, or 3 of Section 1704.2 of the California Building Code or for the exception to Section 1705.13.2 of the California Building Code.
SECTION 11. The provisions of this ordinance contain various changes, modifications, and additions to the 2025 Edition of the California Existing Building Code.
Some of these changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards published in the California Existing Building Code.
Pursuant to California Health and Safety Code sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly finds that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological, or topographical conditions in the County of Los Angeles due to the potential for seismic activity in the region, topographical conditions that contribute to the spread of wild fires, and climatic conditions that impact air quality and increase the risk of wild fires. In addition, the Board of Supervisors expressly finds that the modifications herein are substantially equivalent to modifications that were previously filed by the County of Los Angeles and
HOA.105518009.9 7
were in effect as of September 30, 2025. Without limiting the foregoing, the County makes additional findings herein:
EXISTING BUILDING CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
302.6.1 to 302.
6.3 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of the amendments is
to prevent inadequate construction or bracing to
increase resistance to horizontal forces, thus
minimizing hazards to life or property in the event
of an earthquake.
302.7 Geologic The greater Los Angeles/Long Beach region is a densely populated area having buildings
constructed over and near a vast array of fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of the amendment is to
minimize injuries caused by shattering glass in the
event of an earthquake.
A401.2 Geologic,
Administrative,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of this amendment is to
provide voluntary building standards to
constituents that are performing seismic
retrofitting for existing structures.
A404.1 Administrative,
Geologic,
Voluntary
Appendix
The greater Los Angeles/Long Beach region is
situated over a vast array of earthquake fault
systems capable of producing major earthquakes,
including, but not limited to, the 1994 Northridge
Earthquake. The purpose of this amendment is to
provide voluntary building standards to
constituents that are performing seismic
retrofitting for existing structures. Due to these
factors, the County requires a licensed architect or
HOA.105518009.9 8
EXISTING BUILDING CODE AMENDMENTS
CODE
SECTION CONDITION EXPLANATION
engineer stamp and approval of the construction
documents.
SECTION 12. This ordinance shall become operative on January 1, 2026. [TITLE33EXISTBUILDCODE2025CSCC]
SECTION 13. This ordinance shall be published in The Daily Commerce a newspaper printed and published in the County of Los Angeles.
Chair
ATTEST:
Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
I hereby certify that at its meeting of November 25, 2025 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit:
Ayes Noes
Supervisors Hilda L. Solis Supervisors None
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
Effective Date: December 26, 2025
Operative
Date: January 6, 2026
Edward Yen
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Nicole Davis Tinkham
Chief Deputy County Counsel
S:\Ordinances\County Counsel\2025\2025-0053
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Staff Report
2/17/2026 5 Page 1 of 2
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director From: Juan Arauz, Community Development Director / Assistant City Manager By: Raul Diaz, Public Works Director/Building Official
Subject: General NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation
RECOMMENDATION
The City Council is requested to approve a Professional Services Agreement (PSA) with Willdan Engineering for General National Pollutant Discharge Elimination System (NPDES) Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation in an amount not-to-exceed $25,000 (Attachment “A”).
BACKGROUND
On January 19, 2026, the City received Willdan Engineering’s proposal for NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation (Attachment “B”).
ANALYSIS
Pursuant to federal regulations, the NPDES MS4 permit requires permittees to develop and implement a comprehensive Storm Water Management Program (SWMP) that must include pollution prevention measures, treatment or removal techniques, monitoring, use of legal authority, and other appropriate measures to control the quality of storm water discharged to the storm drains.
Willdan’s MS4 Permit Compliance – Pursuant to Order No. R4-2021-0105, NPDES Permit No.
CAS004004 adopted by the Los Angeles Regional Water Quality Control Board (Regional Board), Willdan shall provide services at the specific request of the City. This may include, but not limited to, assistance with discharge prohibitions, effluent and receiving water limitations, Item Number
12E
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monitoring and reporting program requirements, and SWMP minimum control measure requirements of Part VIII as detailed in the following:
Safe Clean Water Program, Measure W – Gather necessary information from City staff and develop the Municipal Program Annual Plan. Provide guidance with current fiscal year Measure W allocations. Assist with additional Measure W tasks, as needed.
Minimum Frequency and Assessment Collection (MFAC) Program1 – Provide the City technical support on the newly adopted Waste Discharge Requirements (WDR) adopted on December 18, 2025, and update to the City’s existing MFAC Plan according to Regional Board guidance and WDR timelines. Provide preliminary and ongoing guidance to City staff on updated MFAC Plan protocols. Coordinate, as-needed, with the LAR-UR2 Group on correspondence with Regional Board staff, a revised Trash Monitoring and Reporting Program, and reporting.
Representation in the Group – Willdan will represent the interests of the City in the Group, which includes the following: Work conducted in accordance with the Coordinated Integrated Monitoring Program (CIMP) implementation Memorandum of Understanding (MOU).
Regular attendance of the Los Angeles River – Upper Reach 2 Group Meetings and summary of key items.
CONCLUSION
The City recommends awarding a Professional Services Agreement to Willdan Engineering for NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation in an amount not-to-exceed $25,000, and subject to two (2) one (1) year extensions.
STRATEGIC PLAN CORRELATION
Goal E (City Infrastructure and Service Delivery), Objective:
1. Ensure high-quality infrastructure to continue connectivity throughout the community.
FINANCIAL IMPACT
The cost to perform this service is $25,000 and will be grant funded through Measure W.
ATTACHMENTS
A. Draft Professional Services Agreement by and between the City of Cudahy and Willdan Engineering.
B. Willdan Engineering Proposal dated January 19, 2026.
1 2026
PROFESSIONAL SERVICES AGREEMENT
(Engagement: General NPDES Compliance Services and Los Angeles River - Upper Reach 2 Watershed Management Group Representation)
(Parties: Willdan Engineering and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 17th day of February 2026 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and WILLDAN ENGINEERING (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires assistance in its compliance with all National Pollutant Discharge Elimination Systems (NPDES) program and to represent its interest in the Los Angeles River Upper Reach 2 Watershed Management Group; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the Cudahy City Council at its Regular Meeting of February 17, 2026.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through February 1, 2027 (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term may be extended for two (2) one (1) year periods at the option of the CITY, provided that CITY provides CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.
Attachment A Page 401 of 438
2 1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “General NPDES Compliance Services and Los Angeles River – Upper Reach 2 Watershed Management Group Representation” dated January 19, 2026 (hereinafter, the “CONSULTANT Proposal”) which is attached and incorporated hereto as Exhibit “A”.
CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Services.”
1.3 PROSECUTION OF SERVICES:
A. Time is of the essence for this Agreement and each and every provision contained herein. The Services shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”). CONSULTANT shall complete the various tasks identified in the Scope of Services within the timeframes set forth in the Scope of Services and shall complete all of the Services by or before June 30, 2026 (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Services in accordance with the “City of Cudahy, NPDES & TMDP Program Management Budget Projects” which is attached and incorporated hereto as Exhibit “B” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of Twenty-Five Thousand Dollars
3 ($25,000) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council or designee. Should the CITY elect to extend the term of this agreement pursuant to Section 1.1, compensation for service shall not exceed Twenty-Five Thousand Dollars a year. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Services are completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Services performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
4 II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Raul Diaz, Public Works Director (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Adel M.
Freij, Director of Engineering, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
5 D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this
6 interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.8 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s
7 compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
2.9 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before commencing the Services, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
8 C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Services contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the
9 insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
10 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty
11 to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to
12 provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
13 D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement
14 will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650
15 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CITY: CONTRACTOR:
City of Cudahy
Public Works Department
Attn: Raul Diaz
Cudahy City Hall
5220 Santa Ana Street
Cudahy, CA 90201
Willdan Engineering
Attn: Adel M. Freij
13191 Crossroads Parkway North,
Suite 405, Industry, CA 91746-3443
Phone: (818) 383-3092
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present
16 or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this
17 Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in
18 the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
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:
Christopher Lopez
City Manager
Date:_______________________
WILLDAN ENGINEERING:
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By: _____
Stephanie Arechiga
City Attorney
Date:____________________________
20 EXHIBIT “A”
CONSULTANT PROPOSAL
21 EXHIBIT “B”
COMPENSATION RATE
January 19, 2026
Mr. Raul Diaz
Public Works Director/Building Official
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Subject: General NPDES Compliance Services and Los Angeles River - Upper Reach 2 Watershed Management Group Representation
Dear Mr. Diaz:
Pursuant to the existing Agreement for Contract Services between the City of Cudahy and Willdan Engineering (Willdan), we are pleased to submit this task order request to assist the City in its compliance with all National Pollutant Discharge Elimination System (NPDES) programs, including trash compliance, Measure W programs, and to represent its interest in the Los Angeles River – Upper Reach 2 Watershed Management Group (Group).
The following is how we see our involvement through June 30, 2026:
SCOPE OF SERVICES
1. MS4 Permit Compliance – Pursuant to Order No. R4-2021-0105, NPDES Permit No. CAS004004 adopted by the Los Angeles Regional Water Quality Control Board (Regional Board), Willdan shall provide services at the specific request of the City. This may include, but not limited to, assistance with discharge prohibitions, effluent and receiving water limitations, monitoring and reporting program requirements, and Storm Water Management Program Minimum Control Measure requirements of Part VIII as detailed in the following:
a. Progressive Enforcement Policy – Assist City Code Enforcement and Regional Board with the investigation and enforcement of noncompliant facilities and maintenance of records to bring facilities into compliance within a given time period;
b. Public Information and Public Participation Program - Develop residential outreach information and assist with the development and maintenance of the City’s stormwater website;
c. Industrial and Commercial Facilities Program – Inspection and tracking of industrial and commercial facilities, including distribution of educational materials to facilities that are potential sources of pollution, and insurance of effective implementation of Best Management Practices (BMPs).
Conduct follow up inspections as necessary;
Attachment B Page 422 of 438
City of Cudahy
January 19, 2026
d. Construction Program – Provide guidance on inspection of construction activities, including enforcement of construction BMPs, Erosion and Sediment Control Plan maintenance, plan check review, and assist with program tracking database. Provide NPDES Permit-required Construction Program training for municipal staff and contractors to improve awareness of and compliance with stormwater pollution BMPs;
e. Public Agency Activities – Provide guidance on inspection of City-owned facilities to ensure potential pollutant sources are effectively managed, prevention of non-storm water discharges, site-specific BMPs, and routine preventive maintenance of the MS4;
f. Illicit Discharge Detection and Elimination (IDDE) Program – Assist with the investigation and documentation of reported and observed illicit discharges.
Assist with follow-up inspections as necessary. Provide NPDES Permitrequired IDDE training for municipal staff and contractors who may come into contact with or observe an illicit discharge as part of routine duties; g. NPDES Semi-Annual Reporting – Gather necessary information from City staff and develop Semi-Annual Report; and
2. Safe Clean Water Program, Measure W – Gather necessary information from City staff and develop the Municipal Program Annual Plan. Provide guidance with current fiscal year Measure W allocations. Assist with additional Measure W tasks, as needed.
3. Minimum Frequency and Assessment Collection (MFAC) Program1 – Provide the City technical support on the newly adopted Waste Discharge Requirements (WDR) adopted on December 18, 2025, and update to the City’s existing MFAC Plan according to Regional Board guidance and WDR timelines. Provide preliminary and ongoing guidance to City staff on updated MFAC Plan protocols.
Coordinate, as-needed, with the LAR-UR2 Group on correspondence with Regional Board staff, a revised Trash Monitoring and Reporting Program, and reporting.
4. Representation in the Group – Willdan will represent the interests of the City in the Group, which includes the following:
a. Work conducted in accordance with the Coordinated Integrated Monitoring Program (CIMP) implementation Memorandum of Understanding (MOU). 1 Terminology and references, such as ‘MFAC’, included in this proposal were updated with the WDR, but have not been updated in this proposal since the City’s documents have not yet been updated.
City of Cudahy
January 19, 2026
b. The development and implementation of city-specific monitoring programs.
For assurance of appropriate responsibility and cost-allocation of the City’s ongoing CIMP participation with the Group, it may be necessary to consider additional monitoring. Should this need arise, Willdan shall provide recommendations for the City to consider.
c. Regular attendance of the Los Angeles River – Upper Reach 2 Group Meetings and summary of key items.
5. General Assistance – As needed, Willdan will provide assistance with any program relating to water quality and stormwater management derived from the Federal Environmental Protection Agency, State Water Resources Control Board, Los Angeles Regional Water Quality Control Board, or County of Los Angeles.
COMPENSATION
Willdan will provide the services for the NPDES program for a not-to-exceed fee of $25,000 per the budget included herein as Exhibit A, effective February 1, 2026 through June 30, 2026. This budget is an estimate of known NPDES related costs, including those associated with the Third Amendment to the Sub-Recipient Agreement entered into with neighboring cities and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority.
Please indicate the City’s approval and authorization to proceed by either printing out and signing two originals and returning one hard copy original to our office, or by scanning one signed original and returning it by e-mail.
Thank you for giving us the opportunity to assist the City of Cudahy. If you have any questions, please contact Ms. Mayra Martinez at (805) 668-8272.
Respectfully submitted, Approved and Authorized to proceed by:
WILLDAN ENGINEERING CITY OF CUDAHY
Adel M. Freij, PE ________________________________
Director - Engineering Signature
________________________________
Date
910005/WW.00.30/P26-024_28043
City of Cudahy
January 19, 2026
EXHIBIT A
City of Cudahy
January 19, 2026
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/17/2026 Page 1 of 1
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director Subject: Fiscal Year (FY) 2026/2027 Budget Overview Presentation
RECOMMENDATION
The City Council is requested to receive and file FY 2026/2027 Budget Overview Presentation.
BACKGROUND / ANALYSIS
The City has initiated the annual budget process and, to ensure full transparency, will present the overall financial framework, key dates, and process by which the Mayor and Council will be presented the FY 26/27 Budget.
Item Number
14A
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/17/2026 Page 1 of 2
STAFF REPORT
Date: February 17, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Stephanie A. Arechiga, City Attorney
Subject: Discussion and Direction on Proposed Language for Draft Ordinance No. 766
RECOMMENDATION
The City Council is requested to review and provide direction for draft ordinance no. 766.
BACKGROUND/ANALYSIS
At the direction of multiple Council Members, the attached draft ordinance has been prepared to address protections for residents in matters involving immigration authorities. The draft consolidates two ordinances provided by members of the Council. Staff requests the City Council review and provide direction on next steps, including any revisions, potential expansions, and overall policy guidance.
Staff seeks direction on the entire ordinance but specifically would like to address the following:
• Clarification on which City commission should be referenced under D of the “Definitions.”
• Discussion whether the City Council accepts the additional definitions of “Contractor” and “Constitutional Compliance.”
• Which department will be the “Designated Administrative Agency”? • “Extreme Vetting” is defined but never used in the ordinance, can we remove? • “Vendors” are used in subsection D of the “Confidentiality of Sensitive Information” section, are we adding this as a defined term? Can this be replaced by “Company”? • Expansion to “Constitutional Compliance” section that can be included in the municipal code based on direction.
• Expansion and explanation of purpose of DAA, training for DAA, how will they be reviewing information reported to them? How many staff members? Item Number
14B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
2/17/2026 Page 2 of 2
CONCLUSION
The City Council is requested to discuss and provide direction on next steps for ordinance no. 766.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
None.
ATTACHMENTS
A. Draft Ordinance No. 766
ORDINANCE NO. 766
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, AMENDING INSERT AND ADDING
SUBSECTION X (NAME OF SECTION) OF SECTION X (NAME
OF SECTION) OF CHAPTER X (NAME OF SECTION) OF TITLE
X (NAME OF SECTION) OF THE CUDAHY MUNICIPAL CODE
ESTABLISHING NEW PROCEDURES CONCERNING
SENSITIVE INFORMATION AND PROHIBITION OF THE USE OF
CITY RESOURCES FOR FEDERAL IMMIGRATION
ENFORCEMENT
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 long embraced and welcomed individuals of diverse racial, ethnic, religious, and national backgrounds, including a large immigrant population; and WHEREAS, the City has long-derived its strength, prosperity, community well-being, and vibrancy from our diverse community, and welcomes, honors, and respects the contributions of all of its residents, regardless of their immigration status, language(s) spoken, or industry they’re employed in; and
WHEREAS, the City is proudly home to immigrants and their families, and it is here where they form and maintain bonds of family, friendship, and love; and WHEREAS, immigrants and their families in the City contribute to the economic and social fabric of the City by establishing and patronizing businesses, participation in the arts and culture, participating civically at all levels of government, and achieving significant educational accomplishments; and
WHEREAS, the City is committed to the equal, respectful, and dignified treatment of all people and sets its intentions to enhance its relationship with all of its residents, including immigrants; and
WHEREAS, cooperation of the City’s immigrant community members is essential to advancing the City’s mission, vision, and guiding principles, including community safety, support for youth and education, economic development, and financial stability; and WHEREAS, fostering a relationship of trust, respect, and open communication between City officials and residents is essential to the City’s mission of delivering efficient public services in partnership with our community, which ensures a prosperous economic environment, opportunities for youth, and a high quality of life for all residents; and WHEREAS, the California Values Act (SB 54) limits the use of state and local law enforcement resources for federal immigration enforcement purposes and restricts participation in certain federal immigration activities.
Attachment A Page 431 of 438
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. That the above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. The following section is hereby added to Chapter X of Title X:
Section ___. The following definitions shall apply to this Chapter:
A. “Awarding Authority” means a subordinate or component entity or person of the City, such as a City department or board of commissioners, that has the authority to enter into a Contract or agreement for the provision of goods or services on behalf of the City.
B. “City” means the City of Cudahy, agency, department, officer, employee, agent, or any Awarding Authority.
C. “City Resources” means City monies, facilities, property, equipment, or personnel.
D. “Commission” means the Human Relations Commission.
E. “Company” means any person, firm, corporation, partnership, or combination thereof.
F. “Contract” means any agreement, franchise, lease, or concession, including agreements for any occasional professional or technical personal services, for the performance of any work or service, the provision of any materials or supplies, or the rendition of any service to the City or to the public, which is let, awarded, or entered into with, or on behalf of, the City or any Awarding Authority thereof.
G. “Contractor” _________
H. “Constitutional Compliance” _________
I. “Database” means any set of records of any sort, electronic or otherwise, that can be queried to retrieve records matching certain criteria and that contain any Protected Personal Information. This includes but is not limited to any database that stores automated license plate reader data, data about any encounters with law enforcement entities and agencies, biometric information, business licenses, or utility service data.
J. “Data Broker” means either of the following:
(1) an entity that collects information, including personal information about consumers, from a variety of sources for the purposes of aggregating, sharing, or reselling such information to its customers, which include both private-sector businesses and government agencies; or
(2) the aggregation of data that was collected for another purpose from that for which it is ultimately used.
K. “Designated Administrative Agency” or “DAA” means _________ Department, which shall bear administrative responsibilities under this Chapter.
L. “Extreme Vetting” means data-mining, data-linking technology, threat modeling, predictive risk analysis, and other similar services.
M. “Immigration Authorities” means any person employed by the Department of Homeland Security, which includes U.S. Immigration and Customs Enforcement, U.S.
Customs and Border Protection, and U.S. Citizenship and Immigration Services, any other federal agency or department tasked with enforcing federal immigration law, or persons or entities contracted for immigration enforcement purposes.
N. “Immigration Enforcement Action” means any investigation, search, inquiry, or action undertaken to enforce federal immigration law, whether civil or criminal, regarding a person’s entry or reentry, presence, or employment in the United States on the basis of immigration or citizenship status.
O. “Sensitive Information” means any information that identifies, relates to, describes, or is capable of being associated with a particular individual and is protected from disclosure by the City in accordance with this Chapter, including but not limited to:
(1) name;
(2) signature;
(3) physical characteristics, descriptions, or biometrics, such as facial characteristics, irises, fingerprints, voice, and DNA;
(4) residential, business, or other addresses;
(5) education or employment histories;
(6) telephone numbers;
(7) date of birth;
(8) place of birth;
(9) religion;
(10) sex;
(11) gender;
(12) gender identity;
(13) sexual orientation;
(14) marital status;
(15) age;
(16) citizenship or immigration status;
(17) Social Security number or Individual Taxpayer Identification Number;
(18) passport number;
(19) driver’s license or state identification card number; (20) employers, employers’ address, or employment information; (21) house of worship address;
(22) insurance policy numbers;
(23) status as a victim of or witness to a crime;
(24) known or suspected political or organizational affiliations; (25) status as a recipient of government benefits;
(26) health or disability information;
(27) income;
(28) assets;
(29) debts; and
(30) bank account numbers, credit card numbers, debit card numbers, or any other financial information.
Section ___. Confidentiality of Sensitive Information.
A. The City shall not request, inquire, or collect or information about Sensitive Information about any person, except as provided in Section X below.
B. The City shall not disclose Sensitive Information to Immigration Authorities in the furtherance of any Immigration Enforcement Action, except as provided in Section X below.
C. All City departments, agencies, or commissions shall review their confidentiality policies annually and identify and implement any changes necessary to prevent the disclosure of Sensitive Information in the furtherance of any Immigration Enforcement Action, except as provided in Section X below.
D. Vendors collecting information on behalf of the City shall report annually on their data sharing policies and enumerate how the use of its data is limited to the provision of city duties or services and is not used or disclosed for any other purpose, except as provided in Section X below.
E. This Section shall not be applicable upon the following:
(1) The written consent of an individual to whom Sensitive Information pertains (or if such individual is a minor, the consent of that person’s parent or legal guardian);
(2) The information or disclosure is necessary to provide a City service, for election-related purposes or appointment to a City office or commission, or as required for purposes of City employment or the disbursement of City funds;
(3) The information or disclosure is required by any applicable state or federal law, including 8 U.S.C. § 1373, or judicial decision.
Section ___. Constitutional Compliance.
A. Constitutional compliance and protection of civil rights are essential components of public safety;
B.
Section ___. Prohibition on Use of City Resources.
A. Unless pursuant to a judicial warrant or judicial probable cause determination, or as otherwise required by federal or state law, no City resources shall be used to assist in any Immigration Enforcement Action. Nothing in this Section shall prevent the City, including any agency, department, officer, employee, or agent of the City, from lawfully discharging their duties in compliance with and in response to a lawfully issued judicial warrant or judicial subpoena, or other order evidencing a judicial determination of probable cause.
B. The prohibition set forth in this Section shall include but not be limited to:
(1) Identifying, investigating, interrogating, detaining, citing, arresting, holding, transferring, or refusing to release individuals in City custody for the purpose of Immigration Enforcement Action;
(2) Responding to any administrative warrant or request by Immigration Authorities to detain, transfer, notify, or otherwise facilitate the arrest of any individual in City custody for the purpose of Immigration Enforcement Action;
(3) Providing Immigration Authorities access to any non-public areas, including jails or police department property, without a valid search or arrest warrant issued by a federal court of competent jurisdiction; (4) Making individuals in City custody available to Immigration Authorities for interviews for the purpose of Immigration Enforcement Action; (5) Participating in any operation or joint operation or patrol that involves, in whole or in part, an Immigration Enforcement Action;
(6) Providing access to any City Databases in the possession of the City in connection with an Immigration Enforcement Action, except as required by state or federal law, including 8 U.S.C. § 1373, or judicial decision; C. The DAA shall establish rules and regulations, as approved by the City Council, for City employees for the reporting of information that the employee reasonably believes is evidence of a violation of this Chapter.
Section ___. Investigation and Reporting.
A. The DAA shall review compliance with this Chapter. The DAA may initiate and shall receive complaints regarding violations of this Chapter. All officers, employees, departments, boards, commissions, and any Company under Contract with the City shall cooperate with the DAA in any investigation of a violation.
B. By _________ of each year, the DAA shall schedule and submit to the City Council a written public report regarding compliance with this Chapter over the previous year. At minimum, this report must include the following:
(1) detail with specificity the steps taken to ensure compliance with this Chapter;
(2) disclosure of any issues with compliance, including any violations or potential violations of this Chapter; and
(3) detailed actions taken to cure any deficiencies arising from compliance with this Chapter.
Section ___. Private Right of Action.
A. An individual aggrieved under this Chapter may institute civil proceedings as provided by law against any Company under Contract with the City for violating any of the provisions of this Chapter, provided that such aggrieved individual has first provided written notice to the DAA by serving the City Clerk, regarding the specific alleged violations of this Chapter, and provided the Company with an opportunity to cure. If a specific alleged violation is not remedied within the 90-day cure period after receipt of written notice, an aggrieved individual may institute civil proceedings in any court of competent jurisdiction. The foregoing shall not apply to proceedings for injunctive relief or writ of mandate, which may be initiated at any time to the extent permissible by law.
B. An individual prevailing in court under this Chapter may be awarded compensatory damages and the imposition of civil penalties up to $5,000 per violation, as adjudged by the court. In determining the amount of civil penalty, the court shall consider prior violations of this Chapter by the violator, and each disclosure of an individual’s Sensitive Information or participation in each Immigration Enforcement Action shall be a separate violation.
C. A court may award a plaintiff who prevails on a cause of action under subsection A of this section reasonable attorney’s fees and costs.
Section ___. Compliance Monitoring and Public Records
A. The City shall document in writing all requests for assistance from Immigration Authorities, including but not limited to requests for immigration detainers, transfers, interviews, interrogations, notifications, or non-publicly available information about any individual. The documented requests shall include the date, name of the requesting party, title, agency, nature of the information or assistance sought, the legal basis asserted for the request, and the response to the request.
B. All City boards, agencies, commissions, departments, and offices shall provide semi-annual written reports to the DAA aggregating the information collected in Subsection A. These reports shall be submitted every six months. These reports shall exclude all personal identifiers and shall also be considered public records within the meaning of the California Public Records Act and shall be publicly disclosed and made available online.
C. The DAA will be responsible for aggregating the information contained in the semi-annual written reports from all City boards, agencies, commissions, departments, and offices and publishing the information online. The DAA will compile this aggregated information into a monitoring report every six months, and the information will be published online in a format that is accessible to all members of the public and will be updated promptly online upon the receipt of each new semi-annual report from a City board, agency, commission, department, or office.
Section ___. Conflicts.
Nothing in this article shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal or state law.
SECTION 2. 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 3. 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, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 4. 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 5. 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 March 2026.