AGENDA
A REGULAR MEETING
OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY
TO THE CUDAHY DEVELOPMENT COMMISSION
April 21, 2026 – 6:30 P.M.
Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.
Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.
Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.
When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.
If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Cynthia Gonzalez, Mayor
Daisy Lomelí, Vice Mayor
Elizabeth Alcantar Loza, Council Member
Martin U. Fuentes, Council Member
Amanda Gomez, Council Member
This meeting will be conducted in person,
telephonically, and electronically.
Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 851 7070 0671
https://us06web.zoom.us/j/85170700671
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
Council / Agency Member Alcantar Loza
Council / Agency Member Fuentes
Council / Agency Member Gomez
Vice Mayor / Vice Chair Lomelí
Mayor / Chair Gonzalez
3. APPROVAL OF AGENDA
4. PLEDGE OF ALLEGIANCE
5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
6. PRESENTATIONS - NONE
7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.
In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)
8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
majority members present, regarding staff directives). Each Council / Agency Member will be allowed to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)
9. CITY MANAGER REPORT (information only)
10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE
MEETINGS
11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.
12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Adoption of Ordinance No. 767 Adding Chapter 2.60 “PRESERVING CITY PROPERTY FOR CITY PURPOSES” to Title 2 of the Cudahy Municipal Code (page 9) Presented by the City Attorney
Recommendation: The City Council is requested to waive the full reading and adopt Ordinance No. 767 Adding Chapter 2.60 “PRESERVING CITY
PROPERTY FOR CITY PURPOSES” to Title 2 of the Cudahy Municipal Code.
B. Authorization to Use City Logo for Community Events Hosted by I Heart SELA and Irma Lopez (page 19)
Presented by the City Manager
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
Recommendation: The City Council is requested to authorize I Heart SELA and Irma Lopez to use the City’s logo.
C. Approval of the Local Agency Investment Fund (LAIF) for the Month of March 2026 (page 21) Presented by the Senior Accountant
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of March 2026 in the amount of $5,705,698.70.
13. PUBLIC HEARING - NONE
14. BUSINESS SESSION
A. Los Angeles Unified School District (LAUSD) School Facilities Use (page 25) Presented by the Community Services Director
Recommendation: The City Council is requested to discuss and provide direction on potential partnership of school facilities/ fields.
B. Discussion and Direction on Comprehensive Fee Study – New Fees (page 29) Presented by the Assistant City Manager/Community Development Director Recommendation: The City Council is recommended to discuss and provide direction on the Comprehensive Fee Study.
C. Consideration of a request by the Cudahy Youth Foundation to waive the Temporary Use Permit (TUP No. 2026-01) application fee for a Firework Sales Permit to conduct their annual fireworks sales (page 31)
Presented by the Community Development Director/ Assistant City Manager Recommendation: Staff is recommending the City Council consider a request from Cudahy Youth Foundation (“Applicant”) to waive the Temporary Use Permit (“TUP”) fee, in the amount of $610, for their annual fireworks sales, and take one of the following action(s):
1. Approve the request and waive the TUP application fee.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
2. Deny the request for a full fee waiver and approve a partial fee waiver determined by City Council.
3. Deny the request to waive the TUP application fee.
D. Request to adopt Resolution No. 26-09 repealing Resolution No. 25-12 and authorizing a corrected joint application to and participation in the State’s Homekey+ grant program (page 49) Presented by the Assistant City Manager/Community Development Director Recommendation: The City Council is requested adopt the attached Resolution No. 26-09:
• Repealing Resolution No. 25-12 that authorized, through City Manager execution, a joint application (“Application”) in partnership with Prima Development; National Community
Renaissance of California; Prima CS GP LLC; NCRC CS CP LLC; and Cudahy Senior Apartments LP (collectively “Co-Applicants”) to the California Department of Housing and Community Development (“HCD”) Homekey+ program, for the 140-unit Cudahy Seniors project (“Project”) located at 4610 Santa Ana Street (“Project Site”); and
• Authorizing a corrected Application
E. Adoption of Resolution No. 26-10 Authorizing the Execution of a Contract Agreement between the City and South Bay Workforce Investment Board, Inc., for Participation in Transitional Subsidized Employment Programs (page 59)
Presented by the Assistant City Manager/Community Development Director Recommendation: It is recommended that the City Council adopt Resolution No. 26-10 authorizing the City Manager to negotiate and execute a contract agreement, between the City and South Bay Workforce Investment Board, Inc. (SBWIB) for participation in Transitional Subsidized Employment (TSE) Programs.
F. Consideration to Adopt Resolution No. 26-11, Supporting the Southeast Los Angeles (SELA) Youth Hub Initiative (page 91)
Presented by City Clerk
Recommendation: The City Council is requested to adopt Resolution No. 26-11, Supporting the SELA Youth Hub Initiative.
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
G. Consideration to Adopt Resolution No. 26-12, Recognizing Child Care as Critical City Infrastructure and a Workforce Development Priority (page 97) Presented by the City Clerk
Recommendation: The City Council is requested to adopt Resolution No. 26-12, recognizing childcare as critical city infrastructure and a workforce development priority.
H. Consideration to Appoint Nathan Francisco Nuñez to the Planning Commission and appoint Gabriela Lopez to the Senior and Community Services Commission (page 103) Presented by the City Clerk
Recommendation: The City Council is requested to:
1. Remove Richard Corvera Hernandez from the Planning Commission.
2. Appoint Nathan Francisco Nuñez to the Planning Commission, Council Member Alcantar Loza's nominee.
3. Appoint Gabriela Lopez to the Senior and Community Services Commission, Vice Mayor Lomelí's nominee.
I. Approval of Fourth Amendment to Professional Services Agreement with Katherine Godbey for Public Finance Consulting Services (page 121)
Presented by the City Manager
Recommendation: The City Council is requested to approve the Fourth Amendment to the Professional Services Agreement with Katherine Godbey for Public Finance Consulting Services.
15. COUNCIL DISCUSSION - NONE
RECESS TO CLOSED SESSION
16. CLOSED SESSION
A. Closed Session Pursuant to Government Code Section 54956.9(e)(1) – Conference with Legal Counsel to Discuss Matter Involving Potential Litigation – Two Matters
City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 21, 2026, at 6:30 P.M.
RECONVENE TO OPEN SESSION
17. CLOSED SESSION ANNOUNCEMENT
18. ADJOURNMENT
I, Richard Iglesias, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.
Dated this 16th day of April 2026
Richard Iglesias, CMC
City Clerk
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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2026 Page 1 of 2
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Shelley Preisler, City Attorney
Subject: Adoption of Ordinance No. 767 Adding Chapter 2.60 “PRESERVING CITY PROPERTY FOR CITY PURPOSES” to Title 2 of the Cudahy Municipal Code
RECOMMENDATION
The City Council is requested to waive the full reading and adopt Ordinance No. 767 Adding Chapter 2.60 “PRESERVING CITY PROPERTY FOR CITY PURPOSES” to Title 2 of the Cudahy Municipal Code.
BACKGROUND
At the February 3, 2026 regular City Council meeting, City Council made requests including an “ICE-Free Zones” ordinance restricting immigration enforcement agencies from using Cityowned or City-controlled property for civil immigration enforcement.
ANALYSIS
An “ICE-Free Zones” policy limits federal immigration enforcement agencies from using property that is owned or controlled by a local government for the purpose of staging areas, processing locations, or operational bases for civil immigration enforcement. However, “ICEFree Zones” policies do not prohibit federal immigration enforcement agencies, including Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), from carrying out a valid judicial warrant or court order, among other exceptions. The County of Los Angeles Board of Supervisors recently proposed an “ICE-Free Zones” policy that would apply to County-owned and County-controlled property, similar to policies adopted by other cities in several states.
Item Number
12A
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Staff Report
04/21/2026 Page 2 of 2
The proposed Ordinance includes the following key provisions:
• No department, employee, official, contractor, or agent of the City shall knowingly permit City-owned or City-controlled property to be used as a staging area; processing location; for surveillance or monitoring activities related to immigration enforcement; or as an operations base, coordination points, or logistical hubs for civil immigration enforcement, unless required by a valid judicial warrant or court order or another exception applies.
• The City may place signage on City-owned or City-controlled property to restrict the use of such property, unless an exception applies.
• Exceptions to restricted use include:
o To City property that is designated as open to the general public; o Under exigent circumstances (e.g., imminent danger to persons or property or when use is required by federal, state, or local law);
o When complying with a valid judicial warrant or court order. • The proposed Ordinance would not restrict criminal law enforcement activities where civil immigration enforcement is not the primary purpose.
CONCLUSION
Based on the foregoing, staff recommends that City Council waive the full reading and adopt Ordinance No. 767, adding Chapter 2.60 (PRESERVING CITY PROPERTY FOR CITY PURPOSES) to Title 2 of the City of Cudahy Municipal Code.
STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.
FINANCIAL IMPACT
As Ordinance No. 767 proposes the use of existing staff and resources, there is no expected impact to the General Fund. However, a minimal financial impact may arise in the future for staff time and resources, including but not limited to any required training to implement the Ordinance.
ATTACHMENTS
A. Draft Ordinance No. 767.
1 ORDINANCE NO. 767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, ADDING CHAPTER 2.60
(PRESERVING CITY PROPERTY FOR CITY PURPOSES) TO
TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE
CUDAHY MUNICIPAL CODE
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant community that contributes to the City’s economic, civic, and cultural vitality; and
WHEREAS, the City has long embraced and welcomed diverse community members, including a large immigrant population; and
WHEREAS, a strong and trusting relationship between the City’s immigrant communities and the City, including its departments, programs, and personnel, is essential to the public safety and well-being of all residents; and
WHEREAS, trust in the City is undermined when state and local agencies become entangled with federal civil immigration enforcement, causing immigrant community members to fear reporting crimes, seeking health services, accessing City facilities, or engaging in civic life, which detracts from the safety and welfare of the City’s entire community; and WHEREAS, many community members are concerned about civil immigration enforcement taking place locally and throughout the country; and WHEREAS, it is the primary responsibility of state and local governments, including the City, to ensure the safety and well-being of their communities and possess the discretion and authority to adopt policies best suited to those communities; and WHEREAS, the unauthorized use of City resources, property, or personnel to facilitate civil immigration enforcement efforts interferes with the City’s authority over, and its use of, its own public resources, property, and personnel; and
WHEREAS, the Cudahy City Council (“City Council”) desires to ensure that its assets are not inadvertently used against the communities the City serves; and WHEREAS, the City is committed to the rule of law, civil rights, and the safety and dignity of all its residents, regardless of race, religion, nationality, or immigration status; and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 14-07, endorsing comprehensive immigration reform; and
WHEREAS, the Supreme Court of the United States has long recognized that state and local governments retain primary authority over matters affecting the health, safety, and welfare Attachment A Page 11 of 245
Ordinance No. 767
2 of their residents, and that decisions concerning local public resources are best made by governments closest and most accountable to the people they serve; and WHEREAS, beginning in January 2018, the California Values Act (SB 54), codified in California Government Code Section 7284 et seq., prohibits state and local law enforcement agencies from using resources for immigration enforcement purposes, subject to limited exceptions; and
WHEREAS, in April 2019 the United States Court of Appeals for the Ninth Circuit held that SB 54 does not conflict with federal law (See, e.g., United States v. California, 921 F.3d 865 (9th Cir. 2019), cert. denied, 590 U.S. 1015 (2020)); and
WHEREAS, respect for local police powers is a core principle of American federalism, reflected in the United States Constitution and widely affirmed in judicial precedent; and WHEREAS, California Constitution Article XI, Section 7 grants cities the authority to enact and enforce ordinances that are not in conflict with general state law, including ordinances governing municipal property and local government operations; and WHEREAS, the County of Los Angeles has proposed an ordinance to prohibit the use of County-owned and County-controlled property for civil immigration enforcement, subject to limited exceptions; and
WHEREAS, the City seeks to help community members feel safe accessing City services and facilities, and ensure City property is not voluntarily used to support federal civil immigration enforcement except when required by law, judicial warrant, or as outlined herein; and WHEREAS, restricting the use of City property may help alleviate fear and create an environment where community members may safely access City facilities; and WHEREAS, restricting the use of City property, without regulating the conduct of federal agencies, is a lawful exercise of municipal authority and an appropriate and necessary means of promoting public safety, community trust, and the responsible use of public resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The above Recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. Chapter 2.60 (Preserving City Property for City Purposes) is hereby added to Title 2 (Administration and Personnel) of the Cudahy Municipal Code to read as follows:
Ordinance No. 767
3 Chapter 2.60 – Preserving City Property for City Purposes.
2.60.010 Purpose
2.60.020 Definitions
2.60.030 Prohibited Use of City-Owned or City-Controlled Property
2.60.040 Signage
2.60.050 Exceptions
2.60.060 No Conflict with Federal or State Law
2.60.070 Enforcement; No Private Right of Action
Section 2.60.010. Purpose.
The purpose of this Chapter is to protect public safety, promote community trust, and ensure that City-Owned or City-Controlled Property is not voluntarily used to support federal civil immigration enforcement activities except when mandated by a valid Judicial Warrant or Court Order.
Section 2.60.020. Definitions.
The following definitions shall apply to this Chapter:
1. “City” means the City of Cudahy.
2. “City Property” or “City-Owned or City-Controlled Property” means any real or personal property, land, building, facility, structure, vehicle equipment, or space owned, leased, operated, or controlled by the City of Cudahy.
3. “Immigration Agent” means an individual engaged in Immigration Enforcement against natural persons, including agents employed by U.S. Immigration and Customs Enforcement (ICE), including ICE sub-agencies such as Enforcement and Removal Operation (ERO), or U.S. Customs and Border Protection (CBP), and all other individuals authorized to conduct Immigration Enforcement against natural persons under 8 U.S.C. §1357(g) or any other federal law.
4. “Immigration Enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a natural person’s presence in, entry, or reentry to, or employment in, the United States.
5. “Judicial Warrant” or “Court Order” means a warrant or order issued by a federal or state judge or magistrate based on probable cause and legally sufficient to compel compliance by the City.
6. “Operations Base” means an area that is used to plan, coordinate, and execute civil immigration enforcement activities.
7. “Processing Location” means an area that is used for activities such as the identification, intake, processing of documentation, detention, arrest, or temporary holding of individuals before transfer to a permanent detention facility or release.
Ordinance No. 767
4 8. “Staging Area” means an area of City-Owned or City-Controlled Property that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel for the purpose of carrying out civil immigration enforcement operations.
9. “Surveillance” means observing, recording, monitoring, or collecting information about individuals for civil immigration enforcement purposes, including through cameras, license plate readers, drones, or other technologies.
Section 2.60.030. Prohibited Use of City-Owned or City-Controlled Property.
Unless required by a valid Judicial Warrant or Court Order, no department, employee, official, contractor, or agent of the City shall knowingly permit City-Owned or City-Controlled Property to be used as a Staging Area; Processing Location; for Surveillance or monitoring activities related to Immigration Enforcement; or as an Operations Base, coordination points, or logistical hubs for civil Immigration Enforcement.
Section 2.60.040. Signage.
The City may place signage on City Property that either has been used or has the potential to be used in the future as a Staging Area, Processing Location, or Operations Base for unauthorized Immigration Enforcement. City departments may use physical barriers, such as locked gates, to limit access to City Property.
Signage on City Property may state:
“This property is owned and controlled by the City of Cudahy. It may not be used for unauthorized civil immigration enforcement, as a staging area, processing location, or operations base. (Cudahy Municipal Code Ch. 2.60).”
Section 2.60.050. Exceptions.
Nothing in this Chapter shall be construed to interfere with or inhibit any exercise of the constitutionally protected rights of freedom of speech or assembly or to prevent the use of, or access to, City Property as required by law.
Nothing in this Chapter prohibits federal officers or employees from entering areas of City Property designated as open to the general public. The prohibitions in Section 2.60.030 above do not apply under exigent circumstances involving imminent danger to persons or property, or when access or use is required by federal, state, or local law. Nothing in this Chapter prevents the City or any City employee from complying with a valid Judicial Warrant or Court Order. Nothing in this Chapter restricts criminal law enforcement activities where civil immigration enforcement is not the primary purpose.
Section 2.60.060. No Conflict with Federal or State Law.
Nothing in this Chapter shall be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law.
Ordinance No. 767
5 Section 2.60.070. Enforcement; No Private Right of Action.
This Chapter does not create or form the basis of liability on the part of the City or any City department, agency, official, or employee, nor does it create a private right of action against the City or any City personnel. This Chapter shall be implemented through existing administrative policies and procedures governing City operations. The City Manager may establish additional rules or regulations necessary to carry out the provisions of this Chapter.
SECTION 3. 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 4. 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 5. 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 6. Compliance with California Environmental Quality Act. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. Cal. Code Regs., tit. 14, § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have significant negative effect on the environment. Id. § 15061(b)(3).
SECTION 7. 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.
Ordinance No. 767
6 PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting on this ____ day of ________ 2026.
______________________________
Cynthia Gonzalez
Mayor
_______________________________
Richard Iglesias
City Clerk
Ordinance No. 767
7 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, do hereby certify that the above and foregoing Ordinance No. _________ was passed, approved, and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a meeting of said City held on this ____ day of ________ 2026, and that said Ordinance was adopted by the following votes to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
Richard Iglesias
City Clerk
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Estefania Zamora, Assistant to the City Manager
Subject: Authorization to Use City Logo for Community Events Hosted by I Heart SELA and Irma Lopez
RECOMMENDATION
The City Council is requested to authorize I Heart SELA and Irma Lopez to use the City’s logo.
BACKGROUND/ ANALYSIS
The City has received requests from I Heart SELA and Irma Lopez seeking approval to use the City’s logo on event promotional materials as well as permission for City staff to distribute and share event information through official City communication channels. There is no monetary contribution required for the event.
I Heart SELA is organizing a “Día del Niño” event on April 25, 2026, at Clara Park Expansion Park.
The event will include games, crafts, and family-friendly activities that promote youth engagement.
Irma Lopez is organizing a Mother’s Day event that has been held annually for the past three years. The event is a community-focused celebration recognizing mothers and families and is scheduled to take place on May 21, 2026, at Clara Park.
CONCLUSION
If the City Council approves the use of the logo, staff will promote the event across all City social media platforms and in promotional materials and will share information about the event with the public.
Item Number
12B
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2026 Page 2 of 2
STRATEGIC PLAN CORRELATION
Goal A (Community Services, Programs and Activities for All)
4. Increase cultural programs and events to showcase the various backgrounds and cultures of the Cudahy community.
Goal B (Social Services)
1. Partner with appropriate agencies to ensure Cudahy residents receive social services.
5. Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.
Goal F (Communication and Outreach)
5. Increase the City’s presence in the community by all communication channels.
6. Explore opportunities for efficiency through insourcing and outsourcing.
FINANCIAL IMPACT
Approval of this item will not result in any financial impact to the City.
ATTACHMENTS
None.
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Staff Report
04/21/2026 Page 1 of 2
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director By: Charles Ortiz, Senior Accountant
Subject: Approval of the Local Agency Investment Fund (LAIF) for the Month of March 2026
RECOMMENDATION
The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of March 2026 in the amount of $5,705,698.70.
BACKGROUND
1. In 1955, the Pooled Money Investment Account (PMIA) started. LAIF became part of the PMIA. The oversight is provided by the Pooled Money Investment Board (PMIB) and an inhouse Investment Committee. The PMIB members consist of the State Treasurer, Director of Finance, and State Controller.
2. In 1977, LAIF was created as a voluntary program by Section 16429.1 et seq. of the California Government Code. The program was intended to be used as an investment alternative for California's local governments and special districts. The LAIF continues today under State Treasurer, Fiona Ma's administration.
3. On March 1, 2026, the balance in LAIF was $5,705,698.7 (See Attachment).
4. On March 31, 2026, the balance in LAIF was $5,705,698.70 (See Attachment).
ANALYSIS
The voluntary program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Item Number
12C
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Staff Report
04/21/2026 Page 2 of 2
Treasurer’s Office investment staff at no additional cost to the taxpayer.
All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third-party custodian.
Cudahy Municipal Code Section 3.04.080 indicates, "Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there shall be at the time sufficient money in the treasury legally applicable to the payment of the same."
CONCLUSION
Once the City Council approves the current LAIF, this balance may be relied upon when determining if the City has sufficient funds available to pay demands and payroll as required by Cudahy Municipal Code Section 3.04.080.
STRATEGIC PLAN CORRELATION
Strategy #2. Provide regular updates to the City Council and community about the city’s finances.
FINANCIAL IMPACT
None
ATTACHMENT
A. Local Agency Investment Fund (LAIF) Balance.
LOCAL AGENCY INVESTMENT FUND
General Account - City #98-19-225
Beginning Balance as of March 01, 2026 $5,705,698.70
LAIF Interest earned 0
Transfer from LAIF to City operating account 0
Transfer from City operating account to LAIF 0
Ending Balance as of March 31, 2026 $ 5,705,698.70
Attachment A Page 23 of 245
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director Brenda Rodriguez, Community Services Director
Subject: Los Angeles Unified School District (LAUSD) School Facilities Use
RECOMMENDATION
The City Council is requested to discuss and provide direction on potential partnership of school facilities/ fields.
BACKGROUND
• Lugo Park was previously rented to private organizations. • Council directed that the park not be rented two days per week in order to preserve open access for community use.
• Following renovations at Lugo Park, field rentals were transitioned to Cudahy Park and the Cudahy Park Expansion. Field which are scheduled to be renovated and closed down.
• Upon reopening, Lugo Park was utilized for City soccer programming, followed by football programming.
• At this time, there is no regularly scheduled City programming occurring at the field. • Outside organizations have expressed interest in resuming use of the field. • At the February 3, 2026 Council meeting, Council directed staff to meet with the school district to explore the potential use of school fields. • Staff met with Los Angeles Unified School District staff, Nate Dozier, Legislative Liaison Item Number
14A
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and Isela López, Facilities Development Manager.
ANALYSIS
Staff continued discussions with the Los Angeles Unified School District (LAUSD) to explore alternative opportunities for expanding recreational access. Through these discussions, staff and the District have collaboratively identified a phased approach, beginning with the implementation of a pilot program at a single school site. This pilot will serve as a model to evaluate operations, costs, programming, and community impact before expanding to additional school locations.
This approach builds on prior information provided by the District, which outlined two primary options for access: (1) a Civic Center Permit, which functions similarly to a facility rental, or (2) a formal Facility Use Agreement establishing a partnership. Based on recent discussions, both parties have expressed interest in pursuing a more collaborative partnership model that aligns with the Community Schools Parks (CSP) framework.
The CSP model has been successfully implemented through a Joint Powers Agreement between LAUSD and the City of Los Angeles, allowing shared use of school facilities for recreational programming in park-deficient communities.
Through the proposed pilot program, the City of Cudahy would begin with one selected school site to:
• Establish a clear operational framework with LAUSD
• Evaluate programming opportunities and community utilization • Collaborate with school staff
• Assess staffing, maintenance, and security needs
• Identify true costs associated with expanded access
Following evaluation of the pilot program, staff would return to the City Council with findings and recommendations for potential expansion to additional sites. This phased strategy allows the City to expand recreational opportunities in a measured and sustainable way, while positioning Cudahy to develop a scalable partnership model with LAUSD that could serve as a long-term solution to address field capacity limitations.
CONCLUSION
The proposed pilot partnership with Los Angeles Unified School District presents a strategic opportunity to expand recreational access for residents while addressing existing field capacity limitations. By initiating a phased approach at a single school site, the City can evaluate operational feasibility, community demand, and associated costs before considering broader implementation.
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This pilot program allows the City to make data-informed decisions, minimize financial risk, and develop a scalable model for long-term collaboration. Staff is seeking City Council direction on whether to proceed with the pilot program and continue negotiations with LAUSD to formalize a partnership framework.
STRATEGIC PLAN CORRELATION
Goal A (Community Services), Objective:
1.Facilitate the ability to provide sports for Cudahy residents of all ages.
2. Explore the feasibility of providing adult sports leagues and/or making fields and facilities available for leagues.
FINANCIAL IMPACT
While no funding has been specifically allocated for this purpose at this time, the pilot approach allows the City to better understand associated costs before making broader financial commitments.
ATTACHMENTS
None.
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: Juan Arauz, Community Development Director/Assistant City Manager Subject: Discussion and Direction on Comprehensive Fee Study – New Fees
RECOMMENDATION
The City Council is recommended to discuss and provide direction on the Comprehensive Fee Study.
BACKGROUND/ ANALYSIS
Cities conduct comprehensive fee studies to assess cost for services and to establish recovery fees. The City last conducted a comprehensive fee study in 2022, which was adopted by the City Council in May 2022.
On October 15, 2024, the City Council entered into a professional service agreement with Willdan Financial Servicesto prepare an updated comprehensive fee study. The study evaluates the City’s existing user fees and compares them to the actual current cost of providing services, with a focus on fees for services that primarily provide a private and specific benefit to the requestor and limited to no broader community benefit. The study also identifies new fees that presently do not exist in the City’s master fee schedule. The City cannot collect fees not listed in the master fee schedule, meaning that those services are provided with no recovery cost.
CONCLUSION
The Comprehensive Fee Study provides updated information on the cost of services and current cost recovery levels. It also highlights where General Fund subsidies are supporting services that primarily benefit individual users. This information helps the City assess financial impacts and maintain compliance with State requirements for cost-based fees. At this time, staff is seeking direction on next steps.
Item Number
14B
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STRATEGIC PLAN CORRELATION
Goal D (Financial Stability and Transparency)
1. Develop clear, concise, materials to educate and engage the community about the City’s budget, finances, spending, and investments, and policies.
FINANCIAL IMPACT
None.
ATTACHMENTS
None.
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor and City Council
From: Christopher R. Lopez, City Manager/Executive Director Juan Arauz, AICP, Community Development Director/ Assistant City Manager Kassandra Cornejo, Assistant Planner
Subject: Consideration of a request by the Cudahy Youth Foundation to waive the Temporary Use Permit (TUP No. 2026-01) application fee for a Firework Sales Permit to conduct their annual fireworks sales.
RECOMMENDATION
Staff is recommending the City Council consider a request from Cudahy Youth Foundation (“Applicant”) to waive the Temporary Use Permit (“TUP”) fee, in the amount of $610, for their annual fireworks sales, and take one of the following action(s):
1. Approve the request and waive the TUP application fee.
2. Deny the request for a full fee waiver and approve a partial fee waiver determined by City Council.
3. Deny the request to waive the TUP application fee.
BACKGROUND
To obtain a TUP, applicants are required to submit an application to the Planning Division for review. In the process of reviewing TUP applications, the Planning Division routes applications to other departments soliciting feedback from the Public Works Department, Building & Safety Division, Los Angeles County Fire Department, and the Los Angeles County Sheriff’s Department. Pursuant to Cudahy Municipal Code (“CMC”) Section 8.52.060, completed TUP applications involving the temporary sale of fireworks must be submitted no later than April 1st of every year.
On March 23, 2026, the Planning Division received a TUP application (Attachment A) from the Item Number
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Applicant for consideration of their annual fireworks sales to take place at 7907 Atlantic Avenue (Cudahy Plaza Shopping Center).
On March 26, 2026, Ms. Susie de Santiago, President of the Cudahy Youth Foundation, submitted a formal fee waiver request (Attachment B).
ANALYSIS
As part of the TUP application, the Applicant is requesting to set up a fireworks booth within a portion of the Cudahy Plaza Shopping Center parking lot, as illustrated in Figure 1 and Figure 2 below. Per CMC Section 8.52.090, fireworks are permitted to be sold at approved firework stands between the hours of 12:00 p.m. and 10:00 p.m., beginning June 28th and ending July 4th.
Figure 1 – Proposed Site Plan Figure 2 – Proposed Firework Booth Pursuant to CMC Section 20.84.260, a TUP allows for “temporary outdoor uses and the erection of booths, tents, or parking of trailers for temporary activities conducted either outdoors or within temporary structures.” Additionally, the sales of fireworks are permitted under CMC Chapter 8.52 and per California Health and Safety Code (the “State Fireworks Law”), Division 11, Part 2. Per CMC Section 8.52.060(1), only non-profit organizations may be issued a TUP for firework sales.
A TUP for a firework sales permit requires the following information for City review:
• Property owner affidavit.
• Non-profit status from the IRS, such as the 501(c)(3). • Detailed site plan identifying the location of the fireworks stand. • Certificate of Liability Insurance.
• Proof of issuance of a Retail Fireworks License Application issued by the Department of Forestry and Fire Protection.
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• Annual Fireworks Financial Report.
• Applicant’s Temporary Sellers Permit issued by the Department of Tax and Fee Administration.
• City Business License.
• Payment Fee of $610.
The $610 fee covers the cost of the Planning and Building & Safety staff to review, inspect, coordinate, and issue approval for the temporary use activities.
The Applicant is requesting a waiver of the application fee, citing the fireworks fundraiser as the primary annual source of funding. According to the 2025 Fireworks Financial Report submitted by the Applicant (Attachment C), the net proceeds generated from last year’s fundraiser totaled $6,541. These funds are used by the non-profit to support their work, including Christmas toy drives, educational scholarships, incentives for Walk to School Day participants, and contributions to the City’s youth sports programs.
CONCLUSION
Staff recommends that the City Council consider the Applicant’s request to waive the TUP fee and determine whether a fee waiver shall be approved or denied.
FINANCIAL IMPACT
The TUP application fee of $610 is intended to cover the City’s cost of processing permit issuance. If the City Council approves the applicant’s request for a fee waiver, costs associated with processing the TUP application, including staff time, will be absorbed by the General Fund.
ATTACHMENTS
A. Cudahy Youth Foundation TUP Application (TUP No. 2026-01) B. Fee Waiver Request
C. Cudahy Youth Foundation 2025 Fireworks Financial Report
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT A
ATTACHMENT B
Fireworks Financial Report
ORGANIZATION: ___________________________________________________________ BOOTH LOCATION: ________________________________________ YEAR: ___________
FIREWORKS SALES
A) GROSS SALES & RECEIPTS
___________________________
B) SALES TAX PAID TO SBOE
___________________________
C) NET SALES (A-B)
___________________________
EXPENSES
D) TOTAL PAID IN FIREWORKS PRODUCT ___________________________ E) TOTAL PAID IN LICENSES, RENTS, FEES ___________________________ F) OTHER EXPENSES (POWER, ADVERTISING, ETC) ___________________________ G) TOTAL EXPENSES (D+E+F) ___________________________
PROFIT
NET FUNDS COLLECTED (C-G) ____________________________
PROCEEDS FROM SALE OF FIREWORKS STAND WILL GO TOWARDS THE FOLLOWING:
___________________________________________________________________ ___________________________________________________________________ I certify the above is true and correct:
Signature: Date:
CUDAHY YOUTH FOUNDATION
7907 ATLANTIC/ELIZABETH 2025
$30,652
2,992
27,660
$15,326
$ 5,293
$500
$21,119
6,541
THE FUNDS RAISED FROM THE FIREWORKS SALES WILL GO TO SUPPORT THE CUDAHY YOUTH __________________________________
FOUNDATION IN THEIR EFFORTS TO SUPPORT THE YOUTH OF THE CITY TO STAY ACTIVE AND _________________________________ INVOLVED IN VARIOUS PROGRAMS.
Susie De Santiago 4/2/2026
ATTACHMENT C Page 48 of 245
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Juan Arauz, Assistant City Manager/Community Development Director Subject: Request to adopt Resolution No. 26-09 repealing Resolution No. 25-12 and authorizing a corrected joint application to and participation in the State’s Homekey+ grant program
RECOMMENDATION
The City Council is requested adopt the attached Resolution No. 26-09 (Attachment “A”):
• Repealing Resolution No. 25-12 that authorized, through City Manager execution, a joint application (“Application”) in partnership with Prima Development; National Community Renaissance of California; Prima CS GP LLC; NCRC CS CP LLC; and Cudahy Senior Apartments LP (collectively “Co-Applicants”) to the California Department of Housing and Community Development (“HCD”) Homekey+ program, for the 140-unit Cudahy Seniors project (“Project”) located at 4610 Santa Ana Street (“Project Site”); and • Authorizing a corrected Application
BACKGROUND
On November 26, 2024, HCD in collaboration with the California Department of Veteran Affairs (CalVet) issued a Notice of Funding Availability (NOFA) for the Homekey+ program. Homekey+ makes $2.145 billion dollars available statewide for the creation of permanent and affordable supportive housing. HCD released the application for Homekey+ funding in January 2025. On March 18, 2025, the City Council adopted Resolution No. 25-12 authorizing a City and CoApplicants’ Application submittal for this Homekey+ funding. Subsequently, HCD accepted the Application on April 3, 2025.
HCD anticipates issuing a notice that the Project was selected as an award recipient for an up to $10 million grant allocation in April 2026 but has asked the City t adopt a corrected Item Number
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Resolution reflecting editorial and factual revisions as explained in the analysis section.
ANALYSIS
On September 16, 2025, the City Council adopted Resolution 25-51 approving the assignment and assumption of the Amended and Restated Development Agreement, Senior Citizen Housing Project Regulatory Agreement, and Declaration of Restrictive Covenants from Prima Development to Cudahy Senior Apartments LP, a California limited partnership formed by Prima Development’s affiliate, for the purpose of project financing.
In the Fall of 2025, the Project was officially renamed to Amanda Villas.
As a result, on March 6, 2026, HCD notified the City and Co-Applicants that City must provide a corrected authorizing resolution for the Application reflecting the name of the project. HCD’s also informed of other minor editorial changes that were needed, including updated signature blocks. Therefore, the attached resolution only contains editorial changes reflecting the new Project name and references to additional HCD Amendments to the Homekey+ NOFA dated January 31, 2025 and August 7, 2025.
Homekey+ funding will be used for the development of the Project which will provide 140 units, assisting the City in meeting its Regional Housing Needs Allocation (RHNA) requirement.
FINANCIAL IMPACT
Approving the attached resolution to allow for the joint application has no financial impacts to the City beyond normal staff time in processing and executing all necessary applications and documents.
ATTACHMENTS
A. Resolution No. 26-09
B. Resolution No. 25-12
C. Resolution No. 25-12 Staff Report from the March 18, 2025 City Council Meeting
RESOLUTION NO. 26-09
A RESOLUTION OF THE CITY OF CUDAHY, CALIFORNIA A
CALIFORNIA MUNICIPAL CORPORATION, REPEALING
RESOLUTION NO. 25-12 AND AUTHORIZING JOINT APPLICATION
TO AND PARTICIPATION IN THE HOMEKEY+ PROGRAM FOR THE
AMANDA VILLAS (FORMERLY KNOWN AS CUDAHY SENIORS)
MIXED-USE SENIOR HOUSING PROJECT
WHEREAS, the Department of Housing and Community Development (“HCD”) has issued a Notice of Funding Availability, dated November 26, 2024 (“NOFA”) and as amended January 31, 2025, and August 7, 2025, for the Homekey+ Program (“Homekey+” or “Program”). HCD has issued the NOFA for Homekey+ grant funds pursuant to Health and Safety Code Section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem. Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively.
WHEREAS, on March 18, 2025, the City Council of the City of Cudahy adopted Resolution No. 25-12, authorizing the City of Cudahy, a California Municipal Corporation (“Applicant”) to jointly apply for Homekey+ grant funds with Prima Development; National Community Renaissance of California; Prima CS GP LLC; NCRC CS GP LLC; and, Cudahy Senior Apartments LP (collectively, the “Co-Applicants”) by the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration.
WHEREAS, on April 3, 2025, HCD accepted the Application.
WHEREAS, on September 16, 2025, the City Council adopted Resolution 25-51 approving the assignment and assumption of the Amended and Restated Development Agreement, Senior Citizen Housing Project Regulatory Agreement, and Declaration of Restrictive Covenants from Prima Development to Cudahy Senior Apartments LP, a California limited partnership formed by Prima Development’s affiliate, for the purpose of project financing.
WHEREAS, on March 6, 2026, HCD requested that the City provide a corrected resolution authorizing the Application.
WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey+ Program.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
Attachment A Page 51 of 245
Resolution No. 26-09
SECTION 2. Resolution No. 25-12 is hereby repealed.
SECTION 3. Applicant or Co-Applicants are hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $10,000,000.
SECTION 4. If the Application is approved, Applicant or Co-Applicants are hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $10,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, the “Homekey+ Documents”).
SECTION 5. Applicant or Co-Applicants acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
SECTION 6. The City Manager is authorized to execute the Application and the Homekey+ Documents on behalf of Applicant or Co-Applicants for participation in the Homekey+ Program for the Amanda Villas (formerly known as Cudahy Seniors) mixed-use senior housing project.
SECTION 7. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this __ day of _________ 2026.
Cynthia Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 26-09
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-09 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the __ day of _____________ 2026, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
RESOLUTION NO. 25-12
A RESOLUTION OF THE CITY OF CUDAHY, CALIFONIA A
CALIFORNIA MUNICIPAL CORPORATION, AUTHORIZING
JOINT APPLICATION TO AND PARTICIPATION IN THE
HOMEKEY+ PROGRAM
WHEREAS, the Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability, dated November 26, 2024 ("NOFA"), for the Homekey+ Program ("Homekey+" or "Program"). HCD has issued the NOFA for Homekey+ grant funds pursuant to Health and Safety Code Section 50675.1.3 (Assem.
Bill No. 140 (2021-2022 Reg. Sess.), § 20.); Health and Safety Code Section 50675.1.5 (Assem. Bill No. 531 (2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (HHAP) grant program. (Assem.
Bill No. 129 (Chapter 40, Statutes 2023) and Assem. Bill No. 166 (Chapter 48, Statutes 2024), respectively.
WHEREAS, the City of Cudahy, a California Municipal Corporation ("Applicant") desires to jointly apply for Homekey+ grant funds with Prima Development; National Community Renaissance of California; Prima CS GP LLC; NCRC CS GP LLC; and, Cudahy Senior Apartments LP (collectively, the "Co-Applicants"). Therefore, Applicant is joining Prima Development; National Community Renaissance of California; Prima CS GP LLC; NCRC CS GP LLC; and, Cudahy Senior Apartments LP.in the submittal of an app·lication for Homekey+ funds ("Application") to HCD for review and consideration.
WHEREAS, HCD is authorized to administer Homekey+ pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code. Homekey+ funding allocations are subject to the terms and conditions of the NOFA, the Application, the HCD-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey+ Program.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Applicant or Co-Applicants are hereby authorized and directed to submit a joint Application to HCD in response to the NOFA, and to jointly apply for Homekey+ grant funds in a total amount not to exceed $10,000,000.
SECTION 2. If the Application is approved, Applicant or Co-Applicants are hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $10,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey+ funds from HCD and to participate in the Homekey+ Program, and all amendments thereto (collectively, Attachment B Page 54 of 245
Resolution No. 25-12
the "Homekey+ Documents").
SECTION 3. Applicant or Co-Applicants acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
SECTION 4. The City Manager is authorized to execute the Application and the Homekey+ Documents on behalf of Applicant or Co-Applicants for participation in the Homekey+ Program.
SECTION 5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 18th day of March 2025.
ATTEST:
�R� �
City Clerk
Eli
May
Resolution No. 25-12
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 25-12 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 18th day of March, 2025, and that said Resolution was adopted by the following vote, to-wit:
AYES: Fuentes, Gomez, Lomeli, and Alcantar Loza
NOES: None
ABSENT: Gonzalez
ABSTAIN: None
� City Cl r
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STAFF REPORT
Date: March 18, 2025
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, AICP, Community Development Director / Assistant City Manager Subject: Request to submit a joint application to HCD Homekey+ program
RECOMMENDATION
The City Council is requested to adopt Resolution No. 25-12 to submit a joint application in partnership with Prima Development; National Community Renaissance of California; Prima CS GP LLC; NCRC CS CP LLC; and Cudahy Senior Apartments LP (collectively “Co-Applicants”) to the California Department of Housing and Community Development (“HCD”) Homekey+ program, for the 140-unit Cudahy Seniors project located at 5610 Santa Ana Street (“Project Site”); and authorize the City Manager to execute all necessary applications and documents.
BACKGROUND
On November 26, 2024, HCD in collaboration with the California Department of Veteran Affairs (CalVet) issued a Notice of Funding Availability (NOFA) for the Homekey+ program. Homekey+ makes $2.145 billion dollars available statewide for the creation of permanent and affordable supportive housing. HCD released the application for Homekey+ funding last month, and the application submission due date is April 3, 2025 for Homekey+ gap financing projects.
ANALYSIS
The Co-Applicants have already received funding from various sources and continue seeking other funding sources to support the Project. If the attached resolution is approved, the joint Homekey+ application between the City and the Co-Applicants would have a total funding request of up to $10,000,000.
Per Homekey+ requirements, awarded projects receiving a grant funding must complete construction within 24 months of the HCD award notification, not including an additional 2 months from the date of the award which starts the 24 month clock to complete construction.
Item Number
14B
Attachment C Page 57 of 245
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Awarded projects must be at full occupancy within 29 months from the date of the HCD award notification. HCD also reserves the right to extend the complete occupancy deadline by a additional 3 months to 32 months from the date of the HCD award notification for large projects (over 75 units) . Currently, the Project is expected to begin construction by July 2025.
FINANCIAL IMPACT
Approving the attached resolution to allow for the joint application has no financial impacts to the City beyond normal staff time in processing and executing all necessary applications and documents.
ATTACHMENTS
A. Draft City Council Resolution No. 25-12
B. Homekey+ Notice of Funding Availability
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STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director Juan Arauz, Assistant City Manager/Community Development Director Subject: Adoption of Resolution No. 26-10 Authorizing the Execution of a Contract Agreement between the City and South Bay Workforce Investment Board, Inc., for Participation in Transitional Subsidized Employment Programs
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 26-10 (Attachment “A”) authorizing the City Manager to negotiate and execute a contract agreement (Attachment “B”), between the City and South Bay Workforce Investment Board, Inc. (SBWIB) for participation in Transitional Subsidized Employment (TSE) Programs.
BACKGROUND
In January 2026, Hub Cities Consortium (Hub Cities) informed the City of an opportunity for it to participate in a TSE Program, administered by the SBWIB, pursuant to the Welfare to Work Vocational Intermediary and Direct Services Contract between the County of Los Angeles Department of Public Social Services (DPSS) and City of Inglewood, which is the administrative entity for the SBWIB for the provision of countywide Welfare-to-Work programs (including California Work Opportunity and Responsibility to Kids (CalWORKs), General Relief Opportunities for Work (GROW), Skills and Training to Achieve Readiness for Tomorrow (START), and other programs administered through the County’s Probation Department and Department of Children and Family Services’ (DCFS), referred to collectively as “TSE Program”).
The TSE Program provides entry-level workers through paid work internships for up to 12 months, with a maximum of 40 hours per week. This program is designed to support workforce development while assisting organizations with staffing needs.
ANALYSIS
SBWIB administers the TSE program county-wide, providing on-the-job training to thousands Item Number
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of individuals, giving them a path to self-sufficiency and a career. The SBWIB works with Hub Cities and contracts with other community-based organizations to provide TSE and other support services. Services include access to counseling and employment services and access to computers and training. SBWIB also conducts and promotes ongoing outreach to educate potential employers about the financial benefits of hiring and training TSE applicants in the public and private sectors.
SBWIB embraces comprehensive strategies to meet the needs of agencies and businesses for a workforce, while creating opportunities for workers to prepare for and enter into well-paid careers. Should the attached resolution be approved, SBWIB workers will be assigned to the Public Works Department to help with basic maintenance of our parks and other public spaces, all under the supervision of city staff. Specifically, SBWIB workers will work alongside city staff and help the following:
When Assigned to Parks Maintenance
• Trash pinching.
• Changing trash bags.
• Raking leaves.
• Weeding.
• Assisting with restroom cleaning.
• Minor graffiti removal.
When Assigned to Streets Maintenance
• Changing trash bags.
• Graffiti removal.
• Trash pinching slopes, pocket park, triangle, and street medians. • Cleaning successor agency properties.
At no time will SBWIB be assigned to operate power tools or landscaping equipment.
CONCLUSION
Staff recommends that the City Council approve the attached resolution authorizing the City Manager to execute the attached contract with SBWIB for participation in the TSE Program.
STRATEGIC PLAN CORRELATION
Goal B (Social Service), Objective:
1. Partner with appropriate agencies to ensure Cudahy residents receive social services.
2. Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2026 Page 3 of 3
FINANCIAL IMPACT
There is no financial impact to the City as all labor/personnel through this contract agreement is 100% subsidized by SBWIB.
ATTACHMENTS
A. Resolution No. 26-10
B. Contract Agreement between the City and SBWIB
RESOLUTION NO. 26-10
A RESOLUTION OF THE CITY OF CUDAHY CALIFORNIA,
AUTHORIZING EXECUTION OF A CONTRACT AGREEMENT
BETWEEN THE CITY AND SOUTH BAY WORKFORCE
INVESTMENT BOARD, INC.
WHEREAS, though a contractual relationship with Los Angeles County Department of Public Social Services (DPSS), the South Bay Workforce Investment Board Inc. (SBWIB) provides subsidized Transitional Subsidized Employment (TSE) to public and private organizations; and
WHEREAS, in January 2026, Hub Cities Consortium informed the City of Cudahy (“City”) of its eligibility to participate in the TSE program administered by SBWIB; and WHEREAS, City participation in the TSE program requires City Council approval to allow the City Manager to execute a contract agreement with SBWIB; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cudahy, California, as follows:
SECTION 1. The City Council hereby authorizes the City Manager to execute a contract agreement with SBWIB, attached hereto in substantial form as Attachment A, including minor edits and changes as may be necessary, to allow City participation in the TSE program. The City Manager is also authorized to execute any subsequent extensions as may be required to allow continued program participation.
SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 21st day of April 2026.
Cynthia Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Attachment A Page 62 of 245
Resolution No. 26-10
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-10 was passed and adopted by the City Council of the City of Cudahy at a regular meeting held on the 21st day of April 2026 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Richard Iglesias
City Clerk
Resolution No. 26-10
ATTACHMENT A
South Bay Workforce Investment Board
Contract Agreement
Contract No. 25 – WXXX
California Work Opportunity and Responsibility to Kids (CalWORKs) Greater Avenues for Independence (GAIN)
Skills and Training to Achieve Readiness for Tomorrow (START) LA County Department of Children and Family Services (DCFS) Work Experience/Work Study/Community Service Combined Agreement South Bay Workforce Investment
Board, Inc. (SBWIB, INC.)
CONTACT PERSON:
JAN VOGEL
TELEPHONE NO:
310.970.7700
ADDRESS:
11539 HAWTHORNE BLVD., STE. 500
HAWTHORNE, CA 90250
EMAIL:
[email protected]
FAX NO:
SUBCONTRACTOR:
City of Cudahy
CONTACT PERSON:
CHRISTOPHER R. LOPEZ
TELEPHONE NO:
323-773-5143
SUBCONTRACTOR ADDRESS:
(PRINCIPAL PLACE OF BUSINESS)
5220 Santa Ana Street
Cudahy, CA 90201
EMAIL:
[email protected]
FAX NO:
This Subcontract Agreement is entered into this 21st day of April, 2026, between South Bay Workforce Investment Board, Inc. (SBWIB, INC.), a California non-profit public benefit corporation who serves as the Intermediary Contractor on behalf of the City of Inglewood, hereinafter referred to as SBWIB, INC., and the City of Cudahy, a municipal corporation, hereinfater referred to as SUBCONTRACTOR.
Recitals:
This contract is a subcontract under the terms of a Prime Contract by and between the City of Inglewood and the County of Los Angeles, hereinafter referred to as COUNTY. All representations and warranties expressed herein shall inure to the benefit of the COUNTY.
The contract is non-financial.
Non-financial agreements connote that there shall be no cost to SBWIB, INC., or the COUNTY for services provided by the SUBCONTRACTOR. All representations and warranties expressed herein shall inure to the benefit of the COUNTY.
In providing activities for the CalWORKs/GAIN/START/DCFS/PROBATION Programs hereunder, referred to by individual program names or collectively as Transitional Subsidized Employment Programs, SUBCONTRACTOR shall conform to the provisions set forth in this Attachment B Page 65 of 245
subcontract agreement, including any and all Exhibits hereto and all current and future CalWORKs/GAIN/START/DCFS/PROBATION directives. SBWIB, INC., will notify SUBCONTRACTOR of any CalWORKs/GAIN/START/DCFS/PROBATION directives in writing upon receiving said directives from the COUNTY. This shall be done in order to maintain the various programs integrity and avoid any conflict of interest in its administration.
For this agreement, if applicable, Work Experience (WEX) shall be defined as a paid or nonpaid work assignment with a public, private for-profit or private non-profit organization that supplies a given participant with work behavior skills and a reference for future unsubsidized employment or on-the-job enhancement of existing or recently acquired work skills. The employment is temporary and the worksite is not expected to retain the participant beyond the work-experience assignment.
For this agreement, if applicable, Work Study (WS) shall be defined as an academic program that enables college students to gain work experience while continuing their studies.
The employment is temporary and the worksite is not expected to retain the participant beyond the work-experience assignment.
For this agreement, if applicable, Community Service (CS) is a paid or nonpaid activity performed by eligible participants in the public or private non-profit sector under the close supervision of a community service provider. Community Service activities are intended to provide participants with necessary job skills that can lead to full-time unsubsidized employment and self-sufficiency.
I. GENERAL PROVISIONS
A. STATEMENT OF WORK
SUBCONTRACTOR agrees to perform the duties and activities contained in the Work Experience/Work Study Statement of Work, which is attached hereto, respectively labeled EXHIBIT 1, and is incorporated herein by reference, as if set forth in full.
B. TERM OF AGREEMENT
The term of this agreement shall be effective from the date of its execution through June 30, 2026. SBWIB, Inc. shall have the sole option to extend this Contract for a one-year period.
Both parties shall perform and complete services for those activities covered by this subcontract until this subcontract expires or is terminated in writing by either party.
C. CHANGES AND AMENDMENTS OF TERMS
This Agreement may be amended upon mutual written consent of both parties.
D. NOTICE
Any notice or notices required pursuant to this subcontract may be personally served on the other party, or may be served by certified mail, postage prepaid or return receipt request.
All notices required to be given to SBWIB, INC., shall be delivered or mailed to the parties as follows:
Mr. Jan Vogel, Chief Executive Officer
South Bay Workforce Investment Board, Inc.
11539 Hawthorne Boulevard, 5th Floor
Hawthorne, CA 90250
310.970.7700
All notices required to be given to the SUBCONTRACTOR shall be delivered or mailed to the address below:
Chritopher Lopez, City Manager
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
323-773-5143
Either party may designate a new address by giving written notice to the other party.
E. SUBCONTRACTOR CONFIDENTIALITY AGREEMENT
Employees of SUBCONTRACTOR who have access to participant files and/or information must complete, sign, and adhere to the “SUBCONTRACTOR EMPLOYEE ACKNOWLEDGMENT AND CONFIDENTIALITY AGREEMENT,” attached hereto as EXHIBIT 2, which is incorporated herein by reference, as if set forth in full. Subcontractor will identify specific staff who will have access to participant files. A copy of this form must be on file prior to a worksite employee commencing any work under to this agreement.
F. SUBCONTRACTING
No part of the SUBCONTRACTOR'S service obligations may be further subcontracted to any person or entity without the express written consent of SBWIB, INC., and the COUNTY.
G. INSURANCE
SUBCONTRACTOR agrees to maintain in force at all times Comprehensive General Liability Insurance that willfully protects the SUBCONTRACTOR, SBWIB, INC., AND COUNTY from claims arising out of any act or liability laws. All insurance policies required under this agreement shall stipulate that SBWIB, INC., its officials, officers, partners, agents,
affiliates, employees, duly authorized volunteers or representatives and COUNTY, its Special Districts, officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives be named as additional insured and that SBWIB, INC., be given 30 days’ written notice of any modification or cancellations of insurance by the carrier.
SUBCONTRACTOR, prior to the commencement of a subcontract with SBWIB, INC., shall deliver to SBWIB, INC., a current certificate evidencing the required insurance coverages, secured through carriers reasonably satisfactory to SBWIB, INC. SUBCONTRACTOR shall maintain coverages and limits as follows:
1. General Liability
SUBCONTRACTOR is required to maintain a general liability insurance policy (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than the following:
General Aggregate: $2 million
Products /Completed Operations Aggregate: $1 million
Personal and Advertising Injury $1 million
Each Occurrence: $1 million
2. Automobile Liability
If a SUBCONTRACTOR, in conducting activities under this Agreement, uses motor vehicles, the SUBCONTRACTOR is required to maintain an automobile insurance policy (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident. Such insurance shall include coverage for all “owned”, “nonowned”, “leased” or “hired” vehicles, or coverage for “any auto.” Should SUBCONTRACTOR and its employees not use any motor vehicles to provide the services required under this agreement, SUBCONTRACTOR shall furnish to SBWIB, INC., on SUBCONTRACTOR’s letterhead, a letter stating “Company owned or operated vehicles will not be used to perform any of the services contemplated by the agreement between SUBCONTRACTOR and the South Bay Workforce Investment Board, Inc.”
3. Workers Compensation and Employers’ Liability
SUBCONTRACTOR is required to maintain and provide evidence of insurance providing workers compensation benefits for subcontractor's employees, as required by the Labor Code of the State of California or by any other state, and for which sub-contractor is responsible. Such insurance also shall include Employers' Liability coverage with limits of not less than the following:
Each Accident: $1 million
Disease - policy limit: $1 million
Disease - each employee: $1 million
SUBCONTRACTOR shall not be responsible to provide workers compensation benefits for participants under this subcontract agreement. SUBCONTRACTOR shall implement and engage in interactive processes as required under the American Disability Act and make an effort to provide reasonable accommodations to participants who may be injured while completing their assignment, as applicable.
The parties hereto further agree and recognize that though SUBCONTRACTOR maintains sole discretion and authority over participants’ daily assignments and activities, the participants are enrolled in a work-experience training program for which their participation is not equal to that of a standard employee of the SUBCONTACTOR while enrolled in the program and; therefore, are not entitled to benefits as SUBCONTRACTOR’s direct employees, including, but not limited to, unemployment insurance, state disability, or health insurance.
H. PUBLIC ENTITY EVIDENCE OF INSURANCE
Subject to review and approval by SBWIB, INC'S counsel, SBWIB, INC., will accept from public entity subcontractors evidence of an on-going self-insurance program as an equivalent for such coverage as described above in Section G, parts 1, 2, and 3 (General Liability and Automobile Coverage Limits).
I. RELIGIOUS ACTIVITIES PROHIBITED
SUBCONTRACTOR agrees that no participant shall be asked or required to participate in the promotion of religious activities. Furthermore, SUBCONTRACTOR agrees that it will not perform, nor permit to be performed, any religious activities in connection with the performance of this subcontract agreement.
J. POLITICAL ACTIVITIES PROHIBITED
No participant shall be asked or required to participate in any political activity of any kind.
Participants shall not be asked or required to participate in any manner in any partisan political activity, or activity for or against the election of candidates for office.
K. REPORTING WELFARE FRAUD, ELDER ABUSE AND CHILD ABUSE SUBCONTRACTOR shall report all suspected or actual welfare fraud and child abuse discovered by SUBCONTRACTOR. Welfare fraud is specified in the State Operations Manual, Section 20000, and child abuse is specified in Penal Code 11166 and 11167.
Reports shall be made telephonically as required by the referenced regulations and followed up in writing to the GAIN Services Worker (GSW) or DCFS Counterpart within three (3) workdays after discovery.
L. EARNED INCOME TAX CREDIT (EITC)
SUBCONTRACTOR shall notify its employees that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.
M. COMPLIANCE WITH THE COUNTY POLICY OF EQUITY
SUBCONTRACTOR acknowledges that the County of Los Angeles takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE) (https://ceop.lacounty.gov/). SUBCONTRACTOR further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. SUBCONTRACTOR and its employees acknowledge and certify receipt and understanding of the CPOE. Failure of the contractor, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the contractor to termination of contractual agreements as well as civil liability.
N. CONSIDERATION OF GAIN OR SKILLS and TRAINING to ACHIEVE READINESS for
TOMORROW (START) PARTICIPANTS FOR EMPLOYMENT
Should SUBCONTRACTOR require additional or replacement personnel after the effective date of this Agreement, SUBCONTRACTOR shall give consideration for any such employment openings to participants in Los Angeles County’s Department of Public Social Services’ Greater Avenues for Independence (GAIN) Program or Skills and Training to Achieve Readiness for Tomorrow (START) Program who meet SUBCONTRACTOR minimum qualifications for the open position. For this purpose, consideration shall mean SUBCONTRACTOR will interview qualified candidates.
O. SAFLEY SURRENDER BABY LAW
SUBCONTRACTOR acknowledges that the County of Los Angeles places a high priority on the implementation of the Safely Surrendered Baby law. SUBCONTRACTOR understands that it is the County’s policy to encourage all Contractors and Subcontractors to voluntarily post the County’s “Safely Surrendered Baby Law” poster in a prominent position at SUBCONTRACTOR’s place of business. SBWIB, INC., will supply CONTRACTOR with the poster to be used.
II. COMPLIANCE
A. CIVIL RIGHTS
SUBCONTRACTOR shall ensure that services and benefits are provided without regard to race, color, religion, sex, sexual orientation or identity, age, national origin, political
affiliation, marital or pregnancy status or disability in accordance with Title VI of the Civil Rights Act of 1964, and California Government Code, Section 11135. SUBCONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, pertaining to the prohibition of discrimination against qualified disabled persons under any program or activity which receives or benefits from Federal or State financial assistance.
SUBCONTRACTOR shall comply with provisions of Titles VI and VII of the Federal Civil Rights Act of 1964 as amended; Executive Order 11246, as amended; the Age Discrimination in Employment Act of 1973, as amended; Title IX of the Education Amendments Act of 1972; the Food Stamp Act of 1977, as amended; the Welfare and Institutions Code Section 1000; DPSS Operations Handbook Section 21; the Americans with Disabilities Act (ADA) of 1990; and other applicable nondiscrimination laws.
SBWIB, INC., is required to conduct an investigation of civil rights complaints received from GAIN/START/DCFS/PROBATION participants against SUBCONTRACTOR.
SUBCONTRACTOR agrees that its staff shall be available at times agreeable to both parties to consult with SBWIB, INC’s staff as needed.
B. DISPLACEMENT GRIEVANCE
SUBCONTRACTOR shall ensure that labor unions and non-union employees are notified that GAIN/START/DCFS/PROBATION participants are working or otherwise participating at specified work locations and that employees have the right to grieve displacement by such participants. Regulations establish a three-fold grievance process for regular employees who believe they have been displaced by GAIN/START/DCFS/PROBATION participants.
Employees must be notified of the following:
1. GAIN/START/DCFS/PROBATION participants have been included in the workforce at their location.
2. State law prohibits employers from using GAIN/START/DCFS/PROBATION participants in a way that will cause employees to lose their job, or have their hours reduced.
3. Employers may not place GAIN/START/DCFS/PROBATION participants in jobs that would be promotional opportunities for employees.
4. Employers may not violate any personnel rules when including a GAIN/START/DCFS/PROBATION participant in the workforce.
Grievance procedures for both the Work Experience and Work Study programs are available through the South Bay Workforce Investment Board, Inc., 11539 Hawthorne Blvd., 5th Floor, Hawthorne, CA 90250. All complaints against an employer must be in writing and contain the following information:
1. The full name, address and telephone number of the employee.
2. The full name and address of the employer.
3. A clear and brief statement of the facts, including dates, which have led to the complaint.
4. A statement that this complaint has been filed under penalty of perjury.
5. The complaint must be sent to South Bay Workforce Investment Board, Inc. (at above listed address).
SUBCONTRACTOR agrees that its staff shall be available at times agreeable to both parties to consult with SBWIB, INC’s staff as needed on matters related to this section and all grievances.
This Section II(B) shall be supplemental to, and shall not replace or limit, any grievance procedures or rights of SUBCONTRACTOR’s employees set forth in the Memorandum of Understanding by and between SUBCONTRACTOR and the Cudahy Miscellaneous Employees’ Association, as amended from time to time, and any Personnel Rules and Regulations established by SUBCONTRACTOR.
C. DRUG FREE WORKPLACE COMPLIANCE
SUBCONTRACTOR shall comply with Government Code Section 8355, in matters related to providing a drug-free workplace as follows:
1. Publish a statement notifying employees/participants that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees/participants for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355 (b), to inform employees/participants about all of the following:
a. The dangers of drug abuse in the workplace,
b. SUBCONTRACTOR'S policy of maintaining a drug-free workplace, c. Any available counseling, rehabilitation and employee/participant programs. d. Penalties that may be imposed upon employees/participants for drug abuse violations.
D. NON-DISCRIMINATION
SUBCONTRACTOR shall ensure that no portion of its programs shall in any way discriminate against, deny benefits to, deny employment to, or exclude from participation any person on the grounds of race, color, national origin, religion, sex, condition of disability, political affiliation or belief. Subcontractor further agrees not to employ legally-prohibited discriminatory practices of any kind and to take positive measures to assure that equal
employment opportunities, including employment, training, and promotion in all job classifications are made available without regard to race, color, religion, sex, age, national origin, physical or condition of disability, marital status, political affiliation or belief as required by Federal and State Laws and regulations.
COMPLIANCE WITH VARIOUS LAWS
SUBCONTRACTOR shall comply with all applicable laws, rules, regulations, requirements, ordinances, and orders existing during the term of this Contract, including obtaining and maintaining all necessary permits, licenses and insurance.
SUBCONTRACTOR acknowledges and warrants that it is or will make itself, through its Directors and Managers, knowledgeable of pertinent employment and labor laws and all other regulations or requirements having the force of law that impacts the operations of the Subcontractor’s facilities, including laws governing building codes and regulations, hazardous materials, historic preservations, environmental impacts and all provisions required thereby to be included herein, and are hereby incorporated by this reference. These shall further include, as applicable, but not to limited to the following:
1. Fair Labor Standards Act (1938)
2. Title VII of the Civil Rights Act (1964)
3. Equal Employment Opportunity (EEO) [Executive Order 11246 Amended by Executive Order 11375 and supplemented in Department of Labor Regulations, 41 CFR, Part 60]
4. Americans with Disabilities Act (ADA)
5. Family and Medical Leave Act (1993)
6. Occupational Safety and Health Act (1970), as amended
7. State Department of Social Services Manual of Policies and Procedures
8. Social Security Act
9. Applicable Child Labor Laws
10. Workforce Innovation and Opportunity Act
11. Family Economic and Security Act
12. California Education Code
13. CalWORKs and GAIN Policy
SUBCONTRACTOR acknowledges that Los Angeles County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contracts are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.
SUBCONTRACTOR warrants and certifies that it is currently in compliance with Los Angeles County Code Chapter 2.206 and will maintain compliance throughout the term of this contract unless Contractor qualifies for an exemption or exclusion.
E. HOLD HARMLESS
SUBCONTRACTOR shall indemnify, defend, and hold harmless the SBWIB, INC., the COUNTY, its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives from and against any and all loss, damage, expense, or indebtedness resulting there from, relating to, or arising out of, by reason of, or in any way connected with wrongful or negligent acts, or any act, error or omission directly or indirectly connected or attributable to the services, performance and disbursement and use of County funds relating to this agreement by the SUBCONTRACTOR, its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives in performing or failing to perform any services required herein to be performed.
SBWIB, INC., shall indemnify, defend, and hold harmless the SUBCONTRACTOR, its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives from and against any and all loss, damage, expense, or indebtedness resulting there from, relating to, or arising out of, by reason of, or in any way connected with wrongful or negligent acts, or any act, error or omission, directly or indirectly, connected or attributable to the services, performance or disbursement and use of County funds relating to this agreement, by SBWIB, INC., its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives.
F. STANDARD OF CARE
In carrying out the provisions of this Agreement, the SUBCONTRACTOR shall act with reasonable care and diligence and in good faith, without negligence, fraud, misconduct, or any act presented in bad faith or willful omission. The SUBCONTRACTOR must further demonstrate the level of skill, care and professionalism that would be expected from a reasonably skilled and experienced provider of similar services and according to stipulations enforced by SBWIB, INC., while performing services under this Agreement, including stipulations enforced via pertinent attached or unattached exhibits, instructional documents, policies and/or procedures, which are incorporated herein by reference as if set forth in full.
It is further agreed that the quality of such services shall be judged solely by SBWIB, INC., as to whether or not SUBCONTRACTOR performed its services consistent with stipulations enforced herein and by SBWIB, INC., and with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”).
G. LIMITATION OF LIABILITY
In recognition of the risks relative to the standing liaison and services performed under this agreement as described herein, Subcontractor agrees, to the fullest extent permitted by law, to hereby release, discharge, and waive against SBWIB, INC., the COUNTY, and their officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives from and against losses, costs, damages, and lost profits of any kind, whatsoever, whether arising from breach of contract; violation(s) of any applicable law, rule, or regulation; a failure to provide standard of care; negligence; misconduct; or from any act or failure to act hereunder, resulting in losses or damages, punitive or consequential, including, without limitation, attorney’s and expert witness’ fees and costs, regardless of whether such losses, damages or costs were foreseeable or whether either party or any entity had been advised of the possibility of such damages.
It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to reasons presented herein or any other claim whether in tort, contract or equity.
It is further understood that in no event shall SBWIB, Inc., be responsible for, and herein expressly disclaims, any/all liability for any indirect, incidental, exemplary, punitive, special or consequential damages, or damages for loss of profits/reputational harm, revenue, data, or use, incurred by the SUBCONTRACTOR or any third party, whether in an action in contract or tort for which such loss or damage arises, directly or indirectly, while performing services under this Agreement, whether either party or any entity had been advised of the possibility of such damages.
III. RECORDS
A. CONFIDENTIALITY OF RECORDS
SUBCONTRACTOR agrees to comply and require employees to comply with the provisions of Section 10850 of the California Welfare and Institutions Code and Chapter 19- 000 of the SDSS Manual of Policies and Procedures, Federal, State, and local laws, regulations, ordinances, and directives relating to confidentiality. SUBCONTRACTOR shall comply with the following provisions in matters relating to confidentiality:
1. All applications and records concerning an individual made or kept by any public officer or agency in connection with the administration of any provision of the Welfare and
Institutions Code relating to any form of public social services for which grants-in-aid are received by this State from the Federal Government will be confidential and will not be open to examination for any purpose not directly connected with administration of such public social services.
2. No person will publish, disclose, use, permit, or cause to be published, disclosed or used, any confidential information pertaining to an applicant or recipient.
SUBCONTRACTOR agrees to inform its employees, agents, subcontractors and partners that any person who knowingly and intentionally violates the provisions of State law is guilty of a misdemeanor.
3. SUBCONTRACTOR agrees that all information and records obtained in the course of providing services to program participants shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto and no such information may be relayed to anyone except those employees of the Los Angeles County Department of Public Social Services (DPSS) and Department of Children and Family Services (DCFS) so designated, GAIN/DCFS contractors, as approved by the County, and organizations approved and designated by DPSS/DCFS.
B. RECORDS RETENTION AND EXAMINATION
SUBCONTRACTOR agrees to retain, protect, and maintain in an accessible location all records and correspondence, internal memoranda, participant files, including attendance records or notes in paper, computer or electronic form, which relates to this Contract and its participants, or any document that may be considered physical evidence for five years following the term of the subcontract agreement or until all pending Federal, State, COUNTY or SBWIB, INC., audits are completed, whichever is later.
Upon request, the SUBCONTRACTOR shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized personnel of SBWIB, INC., or representatives, including Federal, State, (including the Auditor General), and COUNTY personnel. Such records shall be kept in the County of Los Angeles, State of California and be accessible to authorized Federal, State, COUNTY representatives, and representatives of SBWIB, INC., for the retention period specified herein. Any transfers of the records, reports, beyond the boundaries of the County of Los Angeles shall require prior written approval by SBWIB, INC.
In the event that any audit, litigation or claim remains unresolved, SUBCONTRACTOR agrees to retain all such records, reports, participant files, other documentation and physical
.
evidence beyond the five-year period, until all such litigation, audits, and claims have been resolved. If the SUBCONTRACTOR ceases operations prior to five (5) years from the beginning date of the term of this Agreement or before all litigation, audits and claims have been resolved, the SUBCONTRACTOR shall provide the name, address, and telephone number of the SUBCONTRACTOR’s representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence.
Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Contract.
IV. TERMINATION OF AGREEMENT
A. TERMINATION WITHOUT CAUSE
Either party may, at any time during the term of this agreement hereof, terminate it without cause by giving thirty (30) days written notice to the other party.
1. Should SBWIB, INC., give notice of termination, upon receipt, SUBCONTRACTOR shall immediately cease all work under this Subcontract, unless the notice expressly states otherwise. In the event this Subcontract is terminated by SUBCONTRACTOR, it shall be deemed released from any liability for any work assigned but not completed as of the effective date of such termination.
2. Should SUBCONTRACTOR terminate this agreement, SUBCONTRACTOR shall defend, indemnify and hold SBWIB, INC., its officials, officers, partners, agents, affiliates, employees, duly authorized volunteers or representatives harmless from any and all claims of liability or damage against SBWIB, INC., resulting from such termination.
B. TERMINATION WITH CAUSE
SBWIB, INC., may immediately terminate this Agreement upon written notification to SUBCONTRACTOR without complying with Subsection A above for any of the following reasons:
1. If SBWIB, INC., determines that there is an immediate danger of injury to participant(s) or increased potential liability to SBWIB, INC.,
2. Violation by SUBCONTRACTOR of any term of this Subcontract.
3. Failure by SUBCONTRACTOR to accept and/or implement any additional conditions that may be required by law.
4. If funding is not available to SBWIB, INC., through the County of Los Angeles.
.
V. FORCE MAJEURE
Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by Force Majeure. Force Majeure, for purposes of this agreement, is defined as any unforeseeable circumstance that prevents, restricts, interferes with either party from fulfilling the terms of this contract, whether it be by reason of fire or other casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power or supplies; war; terrorism or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any government agency or intergovernmental body other than a party hereto; extreme weather, natural disaster or any other superior force, act or condition that cannot be reasonably anticipated or controlled by either party hereto.
The party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such material prevention, restriction, or interference; provided that the party so affected shall use its bests efforts under the circumstances to avoid or remove such causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.
VI. REQUIRED FORMS
Prior to execution of the agreement, SUBCONTRACTOR shall complete the TSE – Work Experience Worksite Information Sheet, attached hereto as EXHIBIT 3. The Worksite Information sheet is used to instruct referring agencies as to the worksite location, number of positions requested and type of participant SUBCONTRACTOR is requesting.
SUBCONTRACTOR shall complete a Worksite Information Sheet for each location or department within the organization that wishes to host participants.
When necessary, SUBCONTRACTOR shall complete the forms listed on EXHIBIT 4.
Such forms shall be completed according to the conditions described in the Scope of Work, or as directed by SBWIB, INC., or the COUNTY. These forms shall be provided by either SBWIB, INC., or a COUNTY Gain Service Worker/DCFS Case Worker when needed to ensure program integrity.
VII. CONTRACT OBLIGATION
The signatories hereto assure that in providing activities for the CalWORKs/Greater Avenues for Independence (GAIN) /Department of Children and Family Service (DCFS), Los Angeles County Probation, Work Experience, Work-study and/or Community Service
.
programs, they will comply with the terms set forth in this subcontract agreement including all Exhibits thereto, which collectively constitute the entire agreement.
VIII. ENTIRE AGREEMENT
This agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties.
/ /
/ /
.
IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the date first above written.
SUBCONTRACTOR
Authorized Signature
Name (please print)
Title
SOUTH BAY WORKFORCE INVESTMENT BOARD, INC.
Jan Vogel, Chief Executive Officer
APPROVED AS TO FORM:
Jack Ballas, Attorney at Law
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EXHIBIT 1
WORK EXPERIENCE//WORK STUDY/Community Service
STATEMENT OF WORK
General Description of Work Experience
Work Experience (WEX) is a GAIN/START/DCFS/PROBATION work activity in which participants receive paid or nonpaid work assignments with public, private for-profit or private non-profit organizations. The goal of WEX is to promote the gain of new skills, aid in the development of good working habits, provide exposure to professional networks, and present participants with the opportunity to gain knowledge and competencies that will increase their potential for achieving successful unsubsidized employment.
A WEX assignment should aim to improve work behavior skills, encourage the acquisition of new skills, enhance existing or recently acquired skills and assist with the development of employment references for the participant to use when seeking employment. The successful completion of a WEX work assignment may lead the participant to securing full-time unsubsidized employment and, ultimately, self-sufficiency.
Participation in WEX is limited to a period of eight (8) to twelve (12) months, depending upon program goals and funding considerations.
General Description of Work Study
Work Study is a GAIN work assignment that provides part-time paid internships to CalWorks participants enrolled in Community Colleges to help offset college expenses at Public Agencies, assisting them in meeting their work requirements under Temporary Assistance for Needy Families Reauthorization (TANF) legislation. CalWorks participants earn no less than minimum wage at subcontracted agencies on or off campus for a period of time to be determined by the college/County. Community Colleges will fund a portion of the hourly wage with the County to fund the remaining percentage and employer taxes. Internship payments for participants will be issued by SBWIB, INC., as Administrative Employer of Record. Worksites may be with public, private for-profit or private non-profit organizations.
General Description of Community Service
Community Service is a non-paid work activity performed by eligible CalWORKs participants in the public or private non-profit sector. While fulfilling an unmet community need, community service, if successfully completed, is intended to provide participants with the job-skills and training that may lead the participant to securing full-time unsubsidized employment and, ultimately, self-sufficiency.
General Provisions
A. Subcontractor shall ensure that a WEX/WS/CS position will not be created as the result of, or may not result in:
1. The displacement of current employees, including overtime currently worked by these employees.
2. The filling of established unfilled positions, unless the positions are unfunded in a public agency budget.
3. The filling of positions which would otherwise be promotional opportunities for current employees.
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4. The filling of positions, prior to compliance with applicable personnel procedures or provisions of collective bargaining agreements.
5. The filling of a position created by termination, layoff, or reduction in workforce.
6. The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific work site, or the filling of a work assignment in any bargaining unit in which funded positions are vacant or in which regular employees are on layoffs.
B. Subcontractors shall assist and encourage qualified WEX/WS/CS participants to compete for job openings within the Subcontractor’s organization, while reiterating or explaining the program’s purpose, including providing the participant with a clear understanding that unsubsidized employment is not guaranteed and consideration of such option is contingent upon the participant’s successful completion of the program, amongst other factors (e.g., job availability, funds, etc.).
C. Public agency Subcontractors shall ensure to the extent permitted under federal or state law, local ordinances, applicable bargaining agreements or personnel procedures, that time worked in the WEX/WS/CS position will apply toward the participant's seniority, if applicable in merit system employment positions.
D. Public agency Subcontractors, to the extent possible, shall allow WEX/WS/CS participants to participate in:
1. Classified service examinations equivalent to the WEX/WS/CS position.
2. All open and promotional examinations for which experience in the position or other relevant experience would qualify the person to the extent permitted under federal or state law, local ordinances, applicable collective bargaining agreements, or personnel procedures.
E. Upon request, Subcontractor shall provide WEX/WS/CS assignments within the GAIN Priority Occupations, or the Los Angeles County growth occupations, or such other documentation from the Bureau of Labor Statistics.
F. Subcontractor shall comply with a minimum three-month review requirement, or as necessary, consisting of a discussion with the County GAIN Services Manager or designee, participant's supervisor and participant regarding the assignment, the participant's progress in the assignment and job search activities.
G. SBWIB, INC., contracts with the State Compensation Insurance Fund (SCIF) to administer the workers' compensation benefits to GAIN participants assigned to paid WEX/WS/CS activities. However, Subcontractor R must implement and engage in interactive processes and make an effort to provide reasonable accommodations to participants who may be injured while completing their assignment, as applicable.
H. Subcontractor shall continuously provide and maintain facilities which are adequate to fulfill the requirements of this Agreement throughout the term of the contract.
I. Subcontractor must comply with applicable labor laws, occupational health and safety provisions, child labor laws and shall provide a safe and healthy work environment with the same job safety and working conditions as provided to regular employees. Participants shall not be placed at worksites that are unsanitary, hazardous, or dangerous to their health and safety. Participants must be provided the proper equipment and training to safely perform their respective programs.
J. Subcontractor shall supervise all participants at the Worksite at all times and require participant conformance with Subcontractor’s standard of conduct for agency personnel.
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K. Subcontractor shall designate a qualified candidate to supervise participants, ensuring that supervisor is knowledgeable of basic employment laws and processes, including, but not limited to, discriminatory and harassment practices and policies. Subcontractor must provide worksite supervisors with appropriate written materials describing the tasks necessary to successfully perform his/her duties, including a copy of this document and any other regulations, policy or procedures provided by the County or SBWIB, Inc. with the intention to provide instruction or guidance while performing services under this agreement.
L. Subcontractor shall provide an orientation to each participant prior to them beginning the work-experience duties, which includes a review of worksite attendance policies, description of duties, work-experience expectations, worksite conduct, rules, and other applicable policies and procedures.
M. During the training period, Subcontractor shall expose participants to all customary and normal requirements of the job and provide participants with enhanced or updated training, whenever necessary, to enable participants to master the job.
N. Subcontractor shall inform participants of grievance reporting requirements and their right to file a grievance in accordance with County and SBWIB, INC., regulations or requirements as detailed in the Supervisor’s Handbook or any other policy or procedures provided by the County or SBWIB, INC., with the intention to provide grievance-related instruction or guidance.
O. Subcontractor shall assist the worksite supervisor in resolving problems concerning the participant’s on-thejob performance and reach out to the referring agency and SBWIB, INC., before adverse actions are imposed, with the exception that immediate action may be taken, as necessary, if the Subcontractor reasonably believes it’s employees are in imminent danger. Subcontractor must ensure that ample documentation and notes are kept in relation to said matters and must be able to make such documentation and notes available for reviewing, etc., by authorized personnel of SBWIB, INC., its representatives, including Federal, State, (including the Auditor General), and COUNTY personnel.
P. Subcontractor shall prepare and submit a bi-weekly evaluation that depicts an accurate reflection of the participant’s progress. Subcontractor agrees to discuss the evaluation with participant(s) when any decline is noticed in performance and reach out to the referring agency and SBWIB, INC., for assistance or guidance on how to proceed when necessary.
Q. Subcontractor shall allow “release time” for counseling, educational training, unsubsidized job interviews and other related activities only with written authorization from SBWIB, INC., or County Representative.
Subcontractor agrees to maintain accurate notes and other pertinent documentation related to such releases for later referencing and reviewing as needed.
R. Subcontractor and its supervisors assigned to participants shall adhere to all enforced stipulations while performing services under this Agreement, including those enforced within the Supervisor’s Handbook and other pertinent attached or unattached exhibits, instructional documents, policies and/or procedures. The Supervisor’s Handbook and other processes will be provided to Subcontractor upon execution of this agreement and as needed throughout the term of this Agreement.
S. Subcontractor shall immediately notify its referring agency, AJCC and SBWIB, INC., if concerns begin to develop in relation to the participant’s ability to fulfill duties as assigned, especially if such concerns can negatively impact the participant’s probability of completing the program.
T. Subcontractor shall immediately notify SBWIB, INC., of any changes in designation of personnel who will be supervising participants. This includes temporary designations of more than a two-day duration. Additionally, Subcontractor shall designate a qualified alternate supervisor who has received the same screening, training and Work Experience Program Supervisor Orientation as the initial supervisor and received said requirements within a maximum of 24 hours after being assigned to supervise participant(s).
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U. Subcontractor shall fully cooperate with authorized representatives of SBWIB, INC., County, State and Federal governments including independent auditors. In particular, cooperation is required with respect to those representatives seeking to interview any program participant or staff member of the Subcontractor, as well as those representatives who evaluate, inspect and/or monitor facilities and operations of the Subcontractor that are directly involved in the implementation of programs funded through this Agreement.
Cooperation is further required in response to any investigation or complaint that may arise during the term in which this agreement is in effect, including producing program records as requested. SBWIB, INC., reserves the right to enter SUBCONTRACTOR’s facilities unannounced during business hours to observe Subcontractor’s operations as necessary.
V. Subcontractor understands and acknowledges that SBWIB, INC., will serve as the administrative employer of record under the terms of this contract only for which it has no control, influence or affiliation in decisions made relating to the participant’s daily assignments, or the supervision and daily standard of care provided by Subcontractor. Should Subcontractor employ a participant as staff, then said participant shall cease to be a participant in the WEX/WS/CS programs, SBWIB, INC., shall cease to be the employer of record for that participant, and Subcontractor shall assume employer of record duties.
W. In the event of injury or death of a GAIN participant in a WEX/WS/CS assignment, the SUBCONTRACTOR shall immediately contact: South Bay Workforce Investment Board, Inc. – GAIN Unit, at (310) 970-7796 within 24 hours of occurrence or knowledge of occurrence.
SUBCONTRACTOR shall also:
• Provide the injured participant with State Compensation Insurance Form (SCIF) 3301. • Complete SCIF Form 3367.
• Obtain completed SCIF Form 3301 from participant and submit Forms 3301 and 3367 to, SBWIB, INC., Attention - GAIN department, SBWIB, INC., 11539 Hawthorne Blvd., 5th Floor, Hawthorne, CA. 90250.
In the event of extreme injury or death of a GAIN participant immediately contact:
Tracey Atkins, Program Manager
South Bay Workforce Investment Board
11539 Hawthorne Blvd., Ste. 500
Hawthorne, CA 90250
(310) 970-7796
and
Lorraine Sinelkoff, CalWORKs/GAIN/ Program Division
Los Angeles County Department of Public Social Services 12860 Crossroads Parkway South
City of Industry, CA 91746
(562) 908-5863
In the event of extreme injury or death of a DCFS participant immediately contact:
Tracey Atkins, Program Manager
South Bay Workforce Investment Board
11539 Hawthorne Blvd., Ste. 500
Hawthorne, CA 90250
(310) 970-7796
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and
Wendy Luke, Division Chief
Los Angeles Department of Children and Family Services
3530 Wilshire Blvd., Ste. 400
Los Angeles, CA 90010
(213) 351-0102
X. During the assigned work period, the SUBCONTRACTOR shall provide each participant with:
1. Orientation, training of duties and other instructions as applicable, in addition to reasonable and proper supervision from a qualified candidate who will monitor the participant’s daily work activities and duties.
2. Safety instructions and equipment necessary for protection against potential injury and damage, in accordance with OSHA guidelines.
3. The same working conditions as employees employed in similar positions, e.g., breaks, etc.
Special Provisions
A. COUNTY has contracted with SBWIB, INC., to serve as administrative employer of record for the Transitional Subsidized Employment program. SBWIB, INC., has contracted with SUBCONTRACTOR to serve as a worksite for which they agree to provide services specifically related to the Transitional Subsidized Employment program, including but not limited to the following:
1. Maintain participant time sheets and forward them to SBWIB, INC., or other agent on a bi-weekly basis.
2. If necessary, distribute paychecks delivered by SBWIB, INC., to CalWORKs/GAIN/START/DCFS /Probation participants participating in the Transitional Subsidized Employment Program.
3. Maintain a signature log recording the distribution of paychecks to participants.
4. Immediately inform referral agency, SBWIB, INC., and the participant’s GAIN Service Worker/DCFC Case Worker should the participant’s attendance decline or cease, or if the participant requires corrective measure, withdraws from, or is terminated from his/her assignment.
Tracking and Reporting
SBWIB, INC., the COUNTY or authorized referral agent shall supply all necessary CalWORKs/GAIN/START/DCFS/Probation forms.
SUBCONTRACTOR shall comply with WEX/WS/CS tracking and reporting requirements and instructions for completing forms referenced in EXHIBIT4 hereto.
A. SUBCONTRACTOR shall schedule a WEX/WS/CS enrollment appointment for GAIN/START/DCFS participants by telephone when contacted by an authorized referral agent/GSW. GAIN Participants (only) will be referred by the GSW on Service Provider Referral Form GN 6006. The referral form will contain the name and telephone number of the GSW.
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B. SUBCONTRACTOR shall complete as appropriate (entering the planned completion date) the GN 6006 referral form and mail the original completed, signed and dated to the GSW within eight (8) workdays after the receipt of same.
C. If requested, SUBCONTRACTOR shall mail a copy of the GN 6006 to SBWIB, INC., South Bay Workforce Investment Board - GAIN, 11539 Hawthorne Blvd., 5th Fl., Hawthorne, CA 90250.
D. Upon enrollment in a WEX/WS/CS assignment, SUBCONTRACTOR shall complete a Job Specification Sheet. A copy of this Job Specification Sheet shall be mailed to the GSW attached to the GN 6006, a copy shall be given to the participant, and a copy shall be retained in the file.
E. SUBCONTRACTOR shall reschedule the enrollment date when requested to do so by the GAIN participant, GSW or authorized referral agent. If an enrollment date is rescheduled, confirmation of the new enrollment will be made by a telephone call to the authorized referral agent/GSW within one (1) workday.
SUBCONTRACTOR shall refer back to the authorized referral agent/GSW any participant who contacts the SUBCONTRACTOR after SUBCONTRACTOR has reported the participant's failure to keep the appointment.
F. SUBCONTRACTOR shall immediately notify the authorized referral agent/GSW and within five (5) workdays of any change in circumstances that will affect program participation on the Notification of Change from Service Provider (GN 6007B for GAIN Participants only), including, but not limited to the following:
1. Prior to the scheduled start date and time, the participant called and re-scheduled the appointment.
2. The participant did not keep the scheduled appointment to enroll in or to start the WEX/WS/CS assignment;
3. The WEX/WS/CS assignment is completed.
4. The participant obtains employment; during or immediately after the WEX/WS/CS assignment.
5. The participant refuses employment.
6. The participant fails to attend or to satisfactorily progress in his/her WEX/WS/CS assignment.
7. The participant needs a change in supportive services.
8. Any other change relevant to CalWORKs, GAIN and/or DCFS case.
G. If SUBCONTRACTOR determines that the given WEX/WS/CS work/training assignment is inappropriate for a participant, SUBCONTRACTOR’s recommendation for change in assignment must be made within thirty (30) workdays from the program start date. Recommendations for change must be made via the GN 6007B form (GAIN Participant only.)
H. SUBCONTRACTOR shall cancel or stop WEX/WS/CS as requested by County on Service Provider Cancellation/Stop Notice (GN 6011).
I. Each and every quarterly period, or at the midpoint, if the training program is less than three months, SUBCONTRACTOR is required to complete a Progress/Attendance Report (GN6070) provided by the GAIN participant. The completed GN6070 shall be returned to the GSW by either the participant or SUBCONTRACTOR.
.
EXHIBIT 2
SUBCONTRACTOR EMPLOYEE
ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT
GENERAL INFORMATION
The City of Inglewood, on behalf of the South Bay Workforce Investment Board, Inc., hereinafter referred to as SBWIB, Inc., has entered into a contract with the County of Los Angeles hereafter known as County to provide various services for participants in the Greater Avenue for Independence (GAIN) Program. As a result, your signature is required on this Subcontractor Employee Acknowledgement and Confidentiality Agreement.
As part of your employment, you may be involved with work pertaining to COUNTY services and have access to confidential data pertaining to persons and/or other entities who receive services from the COUNTY, whom has a legal obligation to protect all such data, including welfare recipient records. If you are to be involved in such work, the COUNTY must ensure that you will protect the confidentiality of all data and requires that you consider and sign this confidentiality agreement as a condition of your work.
EMPLOYEE ACKNOWLEDGEMENT
I understand and agree that my employer is my sole employer for purposes of employment. I rely exclusively upon it for payment of salary and any and all other benefits payable to me or on my behalf during the period of this employment. I am not an employee of SBWIB, Inc./COUNTY for any purpose. I do not have and will not acquire any rights or benefits of any kind from SBWIB, Inc./COUNTY during the period of this employment, and do not have, and will not acquire, any rights or benefits pursuant to any agreement between SBWIB, Inc./COUNTY.
CONFIDENTIALITY REPORT
I hereby agree that I will not divulge to any unauthorized person, data obtained while performing work pursuant to the contract between SBWIB, Inc./COUNTY. I will forward all requests for the release of information received by me to my immediate supervisor, ensure that said supervisor reports such violation to SBWIB, Inc./COUNTY, and return all confidential materials to my immediate supervisor upon termination of my employment or completion of the presently assigned work tasks, whichever occurs first.
I understand that a violation of this agreement and acknowledgement may subject me to civil and/or criminal action and that SBWIB, Inc./COUNTY may seek all possible legal redress.
Name: Name:
(signature) (print)
Date: Position:
(print)
.
EXHIBIT 3
TSE - WORK EXPERIENCE
WORKSITE INFORMATION SHEET
Name of Agency:
Primary Worksite Address:
Phone No: Fax:
Primary Contact/Title: Email:
Secondary Contact/Title: Email:
Worksite Supervisor/Title:
Phone No: Fax:
Number of Positions Available:
Which category do available positions fall under? Clerical Maintenance Other:
Title of positions:
Position Duties:
Please list any automatic bars from hiring?
.
EXHIBIT 4
GAIN REQUIRED FORMS FOR WEX/WS/CS SUBCONTRACTORS
Sample forms included in this section are to be completed or processed by SUBCONTRACTOR according to the terms and conditions hereinabove set forth or as directed by SBWIB, INC., or the COUNTY. The forms will be provided by either SBWIB, INC., authorized referral agent, or the COUNTY GAIN service worker as needed.
Forms to be completed or processed by SUBCONTRACTOR include but are not limited to:
1. GN 6006-Service Provider Referral
2. GN 6007B-Notification of Change from Service Provider
3. GN 6070-Progress/Attendance Report
4. WEX/CS Job Specification Sheet
5. GN 6011, Service Provider Cancellation/Stop Notice
6. State of California Insurance Forms-SCIF 3367 and SCIF 3301
7. Worksite Information Sheet
8. Youth Report to Work Form
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Staff Report
04/21/2026 Page 1 of 2
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Consideration to Adopt Resolution No. 26-11, Supporting the Southeast Los Angeles (SELA) Youth Hub Initiative
RECOMMENDATION
The City Council is requested to adopt Resolution No. 26-11, Supporting the SELA Youth Hub Initiative.
BACKGROUND/ANALYSIS
On March 17, 2026, regular City Council Meeting, Emma Hernandez, Chief Executive Officer of the Southeast Community Development Corporation provided a presentation and requested a resolution that signals that the SELA Youth Hub is supported by the City.
This Resolution formalizes the city’s support, participation, and commitment to the collaborative approach of the youth development efforts in the Southeast Los Angeles region.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 26-11, supporting the SELA Youth Hub Initiative.
STRATEGIC PLAN CORRELATION
Goal B. Social Services
Item Number
14F
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Staff Report
04/21/2026 Page 2 of 2
Strategies
• Partner with appropriate agencies to ensure Cudahy residents receive social services. • Promote mental health wellbeing in the community through local partnerships. • Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.
FINANCIAL IMPACT
Resolution commits the city to seek sustainable funding from local, state, federal, and philanthropic sources to support the growth and sustainability of Youth Hubs in Southeast Los Angeles.
ATTACHMENTS
A. Draft Resolution No. 26-11
RESOLUTION NO. 26-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY SUPPORTING THE SOUTHEAST LOS ANGELES
(SELA) YOUTH HUB AND REGIONAL YOUTH
DEVELOPMENT COLLABORATION
WHEREAS, youth in Southeast Los Angeles communities face systemic barriers including limited access to coordinated youth development programs, workforce pathways, mentoring, and wellness supports; and
WHEREAS, local organizations, schools, and public agencies are working collaboratively to strengthen opportunities for youth and families across the Southeast Los Angeles region; and
WHEREAS, the SELA Youth Hub is a regional initiative designed to coordinate programs, services, and leadership opportunities for youth ages 0–24 across Southeast Los Angeles; and
WHEREAS, the Youth Hub model promotes collaboration among cities, schools, nonprofit organizations, and county partners to streamline referrals, share resources, and expand access to high-quality youth programs; and
WHEREAS, Southeast Community Development Corporation (SCDC), in partnership with ExpandLA and other community organizations, serves as the anchor organization helping to convene and coordinate the SELA Youth Hub network; and WHEREAS, the SELA Youth Hub seeks to strengthen youth leadership, improve access to expanded learning opportunities, and build a coordinated ecosystem of support for young people across the region.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
Section 1. The City Council recognizes the SELA Youth Hub as a regional initiative supporting coordinated youth development opportunities for youth ages 0–24 across Southeast Los Angeles.
Section 2. The City designates a staff liaison to participate in the SELA Youth Hub collaborative and support coordination with community partners.
Section 3. The City supports the goals of the SELA Youth Hub by identifying opportunities to collaborate on youth programs, events, outreach, and resource development that benefit local youth and families.
Section 4. The City encourages collaboration with regional, county, and state youth development initiatives to strengthen opportunities and resources for young people.
Attachment A Page 93 of 245
Resolution No. 26-11
Section 5. The City commits to pursuing and securing sustainable funding to support the establishment and expansion of Youth Hubs in Southeast Los Angeles, including local, state, federal, and philanthropic resources. This effort shall include exploring dedicated budget allocations, leveraging existing youth investments, and fostering partnerships with philanthropic organizations to ensure long-term sustainability and impact.
Section 6. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this __ day of _________ 2026.
Cynthia Gonzalez
Mayor
ATTEST:
Richard Iglesias
City Clerk
Resolution No. 26-11
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-11 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the __ day of _____________ 2026, and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
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Staff Report
04/21/2026 Page 1 of 2
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Consideration to Adopt Resolution No. 26-12, Recognizing Child Care as Critical City Infrastructure and a Workforce Development Priority
RECOMMENDATION
The City Council is requested to adopt Resolution No. 26-12, recognizing childcare as critical city infrastructure and a workforce development priority.
BACKGROUND
At the March 17, 2026, regular City Council Meeting, Vice Mayor Lomelí requested a resolution recognizing childcare as critical city infrastructure and a workforce development priority.
On April 7, 2026, the City Council discussed and provided feedback on the draft resolution recognizing childcare as critical city infrastructure and a workforce development priority.
ANALYSIS
This resolution recognizes childcare as vital city infrastructure and establishes it as part of the workforce. It commits the city to pursuing, supporting, and implementing local policy measures. It also calls on higher levels of government, commends municipal leaders and officials who advance childcare through policy and planning, and directs the City Manager to take specific steps and report back in 60 days.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 26-12, recognizing childcare as critical city infrastructure and a workforce development priority.
Item Number
14G
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Staff Report
04/21/2026 Page 2 of 2
FINANCIAL IMPACT
None at this time.
ATTACHMENTS
A. Draft Resolution No. 26-12
RESOLUTION NO. 26-12
A RESOLUTION RECOGNIZING CHILD CARE AS
CRITICAL CITY INFRASTRUCTURE AND A WORKFORCE
DEVELOPMENT PRIORITY
WHEREAS, access to affordable, high-quality child care is essential for children’s healthy development, families’ economic stability, and the broader economy; and WHEREAS, the COVID-19 pandemic further exposed the fragility of the child care system and its fundamental role in enabling working families to thrive; and WHEREAS, cities are increasingly recognizing that child care is not solely a private family matter or a state responsibility, but a key component of local economic development, gender equity, and community infrastructure; and WHEREAS, local governments are beginning to reframe the narrative around responsibility for child care—acknowledging that while state and federal action is necessary, cities play a critical role in enabling access to and investment in child care as a workforce development solution; and
WHEREAS, municipal leaders across the state are advancing local policies that support families and caregivers, including paid parental leave for city employees, the establishment of child care facilities in civic buildings, the provision of family-friendly public spaces and meeting times, and inclusive governance policies that support caregivers in public service; and
WHEREAS, advocates and organizations continue to elevate the importance of equitable child care access and the role of local government in uplifting women, families, and historically underrepresented communities through policy innovation and leadership.
NOW THEREFORE, BE IT FOUND, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated into this resolution by this reference.
SECTION 2. Declares child care a critical component of public infrastructure, on par with housing, transportation, and utilities, and commits to advancing policies and partnerships that expand access and affordability for all families.
SECTION 3. Recognizes child care as a workforce and economic development priority, essential not only for supporting today’s workforce but for cultivating the next generation of civic and economic contributors.
Attachment A Page 99 of 245
Resolution No. 26-12
SECTION 4. Commits to supporting local policy actions such as:
o Leveraging public land and city resources to support early learning and child care facilities;
o Encouraging development incentives for the inclusion or colocation of child care facilities; o Designing family-friendly civic spaces and schedules, including provisions like early meeting times, universal access to lactation rooms, and changing tables in all restrooms; o Adopting paid parental leave policies for city staff and elected officials.
SECTION 5. Urges state and federal policymakers to fully fund child care infrastructure, ensure fair compensation for providers, and recognize local governments as essential partners in delivering equitable early childhood services.
SECTION 6. Commends the leadership of local governments and elected officials who are advancing child care as a policy and planning priority rooted in equity, access, and economic common sense.
SECTION 7. Directs the City Manager to conduct the following and report back in 90 days:
o Coordinate discussions with the League of California Cities and respective caucuses, and Birthworkers of Color to
generally list facility improvements that prioritize childcare needs and then conduct a feasibility study for the
implementation of those at city owned facilities with
estimated costs
o Coordinate discussions with Workforce Development,
Colleges, and other groups to identify the feasibility to provide child development courses at city facilities
o Review and report back on grand funds, existing state, federal, and City policies related to childcare and associated items
o Review feasibility of providing childcare during city council meetings
Resolution No. 26-12
SECTION 8. Effective Date of Resolution. This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this _____ day of _________, 2026. ______________________________
Cynthia Gonzalez
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
Resolution No. 26-12
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 26-XX was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the _____day of ________, 2026 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Iglesias
City Clerk
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Staff Report
04/21/2026 Page 1 of 3
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher R. Lopez, City Manager/Executive Director By: Richard Iglesias, City Clerk
Subject: Consideration to Appoint Nathan Francisco Nuñez to the Planning Commission and appoint Gabriela Lopez to the Senior and Community Services Commission
RECOMMENDATION
The City Council is requested to:
1. Remove Richard Corvera Hernandez from the Planning Commission.
2. Appoint Nathan Francisco Nuñez to the Planning Commission, Council Member Alcantar Loza's nominee.
3. Appoint Gabriela Lopez to the Senior and Community Services Commission, Vice Mayor Lomelí's nominee.
BACKGROUND
On January 19, 2022, Council Member Alcantar Loza appointed Richard Corvera Hernandez to the Planning Commission and now wishes to remove him from the commission at her discretion in accordance with Municipal Code Section 2.32.020.
Following this decision, Council Member Alcantar Loza now wants to appoint Nathan Francisco Nuñez to avoid a vacancy in the Planning Commission.
On March 17, 2026, Vice Mayor Lomelí requested that an agenda item be brought forward to appoint Gabriela Lopez to the Senior and Community Services Commission.
ANALYSIS
Item Number
14H
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2026 Page 2 of 3
In accordance with Ordinance No. 719, each member of the City Council shall appoint one member to each Commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them. All appointments and removals of commissioners shall occur during an open meeting of the city council.
Planning Commission
The Planning Commission serves in an advisory capacity to the City Council on land-use policy planning matters which guide the City's future growth, development, and beautification, including public and private buildings and works, subdivisions, streets, parks and playgrounds, and unimproved real property.
The Planning Commission meets on the third Monday of each month at 6:30 p.m.
Senior and Community Services Commission
The Senior and Community Services Commission provides policy recommendations to the City Council regarding human services, Community Development for all residents, matters pertaining to the elder residents and their needs, including but not limited to, health and nutrition, education, employment, housing, and transportation, information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs.
The date and time of the meetings are to be determined by a majority vote of the Commission; the Commission shall meet at least once a quarter.
Qualifications
To qualify to serve on the commissions, individuals must meet one of the following:
• Cudahy Resident
• City Business Owners
• Employed in the City
• Nonprofit that provides services in the City
Each person seeking a position on a Commission shall complete an application and submit to a Live Scan background check upon appointment and before being sworn into office. Some
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2026 Page 3 of 3
Commissions may be requested to file a Conflict of Interest Statement pursuant to Fair Political Practices regulations. Information will be provided by the Office of the City Clerk. City Council Members may appoint commission applicants or bring forward their nominee, and staff can verify after their appointment whether they meet the qualifications.
CONCLUSION
It is recommended that the City Council 1) remove Richard Corvera Hernandez from the Planning Commission; 2) appoint Nathan Francisco Nuñez to the Planning Commission and 3) appoint Gabriela Lopez to the Senior and Community Services Commission.
STRATEGIC PLAN CORRELATION
Goal F
4. Identify methods to connect with community members, including soliciting input on a regular basis.
7. Foster relationship building among residents.
FINANCIAL IMPACT
Planning Commissioners receive $55 per regularly scheduled meeting, and the Chairperson receives $65 per meeting.
Senior and Community Services Commissioners receive $45 per regularly scheduled meeting, and the Chairperson receives $55 per meeting.
The stipend paid to commissioners is funded by the general fund.
ATTACHMENT
A. Ordinance No. 719
B. Ordinance No. 722
C. Resolution No. 22-55
ORDINANCE NO. 719
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.32 (CITY
COMMISSIONERS), AND REPEALING CHAPTER 2.58
(CUDAHY ECONOMIC DEVELOPMENT COMMISSION)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF
THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1976, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 213 establishing the qualifications and terms for Commissions in the City of Cudahy ("City"); and
WHEREAS, on July 18, 1988, the City Council adopted Ordinance No. 395, amending the qualifications regarding Commission membership for all City Commissions; and
WHEREAS, on October 4, 1993, the City Council adopted Ordinance No. 482, amending the term for City Commissioners; and
WHEREAS, City Commissioners provide a valuable service to the City by advising the City Council on numerous issues; and
WHEREAS, the City Council wishes to update the Cudahy Municipal Code ("Municipal Code") to provide a better opportunity for residents and business owners of the City to participate in the City Council's decision-making processes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 2. 32
City Commissioners
2.32.010 Qualification
All Commissions shall consist of five (5) members ("Commissioners''). No person shall be qualified for appointment to any commission unless such person is either a resident of the City, business owner in the City, is employed in the City, or employed at a nonprofit that provides services for the City. Current elected officials from the City and all City employees are prevented from serving on any commission. Immigration status will Attachment A Page 106 of 245
Ordinance No. 719
not be verified.
Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check after being appointed to a Commission and before being sworn into office. Live Scan background checks are confidential and are not a public record.
2. 32. 020 Appointment, Reappointment and Removal
Each member of the City Council shall have authority to appoint one (1) member to each Commission. Each Councilmember shall appoint their Commissioner within thirty (30) days of assuming office or from a vacancy occurring for said Commission. If no appointment is made within sixty (60) days after assumption of office of the appointing Councilmember, the City Council shall appoint a Commissioner to the vacant seat by a majority vote.
Each Commissioner shall serve on only one (1) Commission at a time, occupation of two or more commission seats at one time will disqualify the individual from all Commissions.
Commission members may be removed from their appointment due to disqualification as provided in this Chapter or upon the sole decision by the Councilmember who appointed said Commissioner. All appointments and removals of Commissioners shall occur during an open meeting of the City Council. If removal of a Commissioner occurs, the (;ity Clerk shall send notice to that Commissioner at the last address on file with the City.
2.32.030 Term of Office
Each Commissioner shall serve one four (4) year term, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein. No Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing said Commissioner. In the event that the appointing Councilmember completes his or her term, vacates office, or is no longer holding office, the term of the Commissioner appointed by said Councilmember shall be terminated concurrently. Nothing contained in this section shall prevent a Councilmember, whether newly appointed or not, from appointing the individual back to the same Commission or to a different Commission.
2.32.040 Training
Each appointed Commissioner shall, within ninety (90) days of appointment, certify in writing that they have completed all City sponsored trainings required for Commissioners, required trainings will include but are not limited to, the Brown Act, Robert Rules of Order, conflicts of interest, code of conduct, and ethics. Failure to complete all required trainings will result in disqualification of the Commissioner.
Ordinance No. 719
2. 32. 050 Code of Conduct
All Commissioners must agree to sign and abide by the Commissioner Code of Conduct set by resolution. Failure to abide by the Code of Conduct will result in disqualification of the Commissioner by a majority vote of the Council.
2. 32. 060 Absences
Any Commissioner with three unexcused consecutive absences will immediately, after adjournment of the third consecutive meeting, result in a vacant seat unless his or her absence is excused by a majority vote of the other Commissioners and reflected in the official minutes of the commission.
2.32.070 Vacancy
If for any reason a vacancy occurs, the vacancy shall be filled by the Counci/member who appointed said Commissioner for the unexpired portion of such term.
2.32.080 Vacancy Due to Disqualification
When a Commissioner no longer meets the qualifications for the Commission as set by this Chapter, the Commissioner shall be disqualified, and the seat shall become vacant.
2. 32. 090 Quorum
Three members of the commission shall constitute a quorum necessary to transact business, anything Jess than three members may adjourn the meeting until quorum can be obtained.
2.32.100 Organization
The Organization of each Commission shall be set by resolution.
2.32.110 Meetings
Each commission shall hold at least one regular meeting each month at such time and place set by resolution.
When a regular meeting falls on a legal holiday, the meeting shall be held at the same hour on the next regular business day after the holiday. All meetings of the Commissions shall be open and public, and subject to all laws of the state of California e.g., the Brown Act, Robert Rules of Order, Open Public Meeting Act. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council once finalized and approved by the Commission.
Ordinance No. 719
2.32.120 Special Meetings
Each Commission shall be limited to no more than three (3) special meetings per fiscal year with compensation. If a clerical error is caused by City Staff that requires the Commission conduct a special meeting, the Commission will be allowed to conduct such meeting with compensation.
2.32.130 Compensation
Commissioners shall receive a stipend for their attendance at each meeting in the amount set by resolution.
2.32.140 Review and Termination of Commission
The City Council will hold annual reviews, at the time set by resolution, to evaluate whether each Commission is still necessary. Should the Council decide to terminate a Commission, termination of any Commission shall require a majority vote of the City Council during open session of a regular meeting.
Commissions created with a set expiration date included in the resolution will not require any additional City Council action prior to termination." Section 3. Chapter 2.58 (Cudahy Economic Development Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby repealed in its entirety.
Section 4. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601 (b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 5. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 7. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be
Ordinance No. 719
construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments.
Section 8. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.
This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 5th day of April 2022.
Elizabeth Alcan1ar
Mayor \J
ATTEST:
-
City Clerk
Ordinance No. 719
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF CUDAHY
SS:
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 719 was introduced for a first reading on the 15th day of March 2022 and approved for a second reading and adopted by said Council at its regular meeting held on the 5
th day of April 2022 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lomeli, Gonzalez, and Alcantar
Guerrero
Lozoya
None
Richard
City
�---
Clerk
Igles�
I·
ORDINANCE NO. 722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.36 (PLANNING
COMMISSION) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1982, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 290 establishing the Planning Commission in tht: City of Cudahy ("City"); and
WHEREAS, on November 1, 1993, the City Council adopted Ordinance No. 486, amending the organization of the Planning Commission; and WHEREAS, on February 7, 1994, the City Council adopted Ordinance No. 490, further amending the organization of the Planning Commission; and WHEREAS, on June 12, 2022, the City Council adopted Ordinance No. 578, once again amending the organization of the Planning Commission; and WHEREAS, Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719 amending Chapter 2.32 (City Commissioners) to ensure Commissioner qualifications, appointments, and terms are uniform for all Commissioners; and WHEREAS, the City Council wishes to update the Cudahy Municipal Code to ensure conformity among all commissions in the City, including the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals above are true and correct.
Section 2. Chapter 2.36.010 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"2.36.010 Planning Commission.
(1) Creation of Commission. There is hereby created and established a planning commission for the city.
(2) Membership. The planning commission shall consist of five members.
Attachment B Page 112 of 245
Ordinance No. 722
(3) Organization. The planning commission shall annually, at its first meeting in May of each calendar year, elect a chairperson and chairperson pro tem from among its members. The chairperson pro tempore may use the title "vice chairman/person" instead of chairperson pro tempore upon informing the commission secretary of that choice. The commission shall appoint a secretary, who need not be a member of the commission.
(4) Powers and Duties. The planning commission shall have all the powers, rights, and duties provided and given to the city planning commission under the laws of the state. In addition to the powers, rights, and duties given by such laws, the commission shall have the following powers, rights, and duties without limitation to the powers given by the laws of the state:
a) To recommend to the council and other officers of the city plans for the regulation of the future growth, development, and beautification of the city, including public and private buildings and works, subdivisions, streets, parks, playgrounds, and unimproved real property;
b) To recommend to the council plans for the future growth and development of the city in order to provide proper and adequate public utilities, sanitation, and other commercial and residential services; c) To recommend to the council for approval or disapproval maps or plats for the division of real property within the city and to approve and recommend the annexation of real property to the city. All maps or plats of real property shall be submitted to the planning commission for approval or disapproval before any recommendation is made to the council thereon; d) To make suggestions and recommendations to the council from time to time concerning the future needs and growth of the city, including the location and development of public and private buildings, structures, and grounds, and to recommend from time to time, upon request, the locations, architectural design, and use of buildings, structures, or works owned or controlled by private parties to be erected or maintained in the city;
e) To recommend to the council or other public officers of the city the location, architectural design, and use of public buildings, structures, and works controlled by the city or other political subdivisions within the city and to recommend the adoption of building restrictions and ordinances or codes restricting the use of property in residential, industrial, commercial and other zones within the city;
f) To consider and make recommendations on any proposed ordinance or resolution referred to the commission by the council and to investigate, suggest, and make recommendations on any matter submitted to the commission by the city manager or council for consideration and
Ordinance No. 722
recommendation; and
g) Any other powers and authority granted to the planning commission by the laws of the state.
(5) Advisory Members.
a) The Council may, by resolution, appoint advisory members to the planning commission, which members shall be selected from the offi,:;ers, employees, and elected officials of the city.
b) The term of each advisory member shall correspond to the member's term of office or term of employment with the city.
c) Each advisory member so appointed may designate an assistant or deputy to sit on the commission in the absence of the advisory member. d) Advisory members shall advise and consult with the commission and shall perform such other duties as may be prescribed by resolution of the council.
e) Advisory members sitting on the commission shall not be entitled to vote. (6) Appointed planning commissioners must adhere to all requirements and regulations set forth in CMG 2.32."
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
Section 4. 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 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
Section 6. 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
Ordinance No. 722
be construed as continuations of the earlier provisions and not as new enactments.
Section 7. 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 this 17th day of May 2022.
ATTEST:
City Clerk
Elizabeth A antar
Mayor
Ordinance No. 722
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 722 was introduced for a first reading on the 3 rd day of May 2022 and
approved for a second reading and adopted by said Council at its regular meeting held on the 17th day of May 2022 by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lomeli, Gonzalez, and Alcantar
None
Lozoya, Guerrero
None
RESOLUTION NO. 22-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, DISSOLVING THE AGING AND
SENIOR CITIZENS COMMISSION AND ESTABLISHING
THE SENIOR AND COMMUNITY SERVICES
COMMISSION, AND ADOPTING THE OBJECTIVES AND
POLICIES FOR THE SENIOR AND COMMUNITY
SERVICES COMMISSION
WHEREAS, on August 31,1987, the City of Cudahy ("City") adopted Resolution No. 87-36 establishing the Aging and Senior Citizens Commission and establishing the qualifications, organizations, and functions of said Commission; and WHEREAS, on April 5, 2022, the City adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code ("Municipal Code").
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The Cudahy City Council repeals all previous resolutions regarding the establishment of the Aging and Senior Citizens Commission.
SECTION 3. The Cudahy City Council hereby dissolves the Aging and Senior Citizens Commission in its entirety and relieves all Aging and Senior Citizens Commissioners of their duties.
SECTION 4. The Cudahy City Council hereby establishes the Senior and Community Services Commission.
SECTION 5. The Cudahy City Council hereby adopts the following City of Cudahy Senior and Community Services Commission Objectives and Rules:
"CITY OF CUDAHY
SENIOR AND COMMUNITY SERVICES COMMISSION OBJECTIVES AND
POLICIES
I. Purpose and Duties
The City of Cudahy Senior and Community Services Commission is established for the purpose of providing policy recommendations to the City Council on matters affecting all individuals throughout the City of Cudahy.
The Commission will research and provide policy recommendations to the City Council regarding:
Attachment C Page 117 of 245
Resolution o. 22-55
• Human services including addressing homelessness, homelessness prevention and mental health services
• The availability of grants addressing homelessness and mental health services
• Community Development for all residents
• All matters pertaining to the elder residents and their needs, including but not limited to, health and nutrition, education, employment, housing, and transportation
• Information on the problems and their solutions pertaining to elder residents through all means available, including investigation of the availability of grants for senior citizen needs
II. Qualifications
Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.
Ill. Appointment and Removal
Commissioners shall be appointed and removed pursuant to Chapter 2.32 of the Cudahy Municipal Code.
IV. Organization
The Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of Jaw, may create and fill such other offices within its membership as it may determine are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.
The City Manager shall appoint the staff liaison for the Commission. The City Clerk's office will serve as the secretary for the Commission.
V. Absences
All Commissioners must abide by the "Absences" section of Chapter 2.32 of the Cudahy Municipal Code.
VI. Vacancies
All Commissioners must abide by the "Vacancy" section of Chapter 2.32 of the Cudahy Municipal Code.
VII. Rules and Regulations
2
,,
Resolution No. 22-55
All Commissioners must abide by the "Code of Conduct" section of Chapter 2. 32 of the Cudahy Municipal Code.
Commissioners may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.
VIII. Meetings
Date and time of the meetings to be determined by a majority vote of the Commission but the Commission shall meet at last once a quarter.
Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.
IX. Compensation
Commissioners shall be paid forty-five dollars ($45) per regularly scheduled monthly meeting, and the Chairman shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting."
SECTION 6. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 6
th day of September 2022.
Mayor
ATTEST:
������==-�- C1 y
3
Resolution No. 22-55
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-55 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 6
th day of September 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES: Lomelf, Gonzalez, and Alcantar
NOES: None
ABSENT: Guerrero and Lozoya
ABSTAIN: None
4
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2025
STAFF REPORT
Date: April 21, 2026
To: Honorable Mayor/Chair and City Council/Agency Members From: Christopher Lopez, City Manager/Executive Director Subject: Approval of Fourth Amendment to Professional Services Agreement with Katherine Godbey for Public Finance Consulting Services
RECOMMENDATION
The City Council is requested to approve the Fourth Amendment to the Professional Services Agreement with Katherine Godbey for Public Finance Consulting Services.
BACKGROUND
On May 1, 2025, the City of Cudahy entered into a Professional Services Agreement with Katherine Godbey to provide interim public finance consulting services following the departure of the City’s Finance Director (“Master Agreement”).
On June 4, 2025, the City Manager approved the First Amendment to the Master Agreement (“First Amendment”), increasing the not-to-exceed compensation to $25,000 to support the completion of the FY 2025–26 budget and provide continuity during this transitional period, and on June 17, 2025, the City Council approved the Second Amendment to the Master Agreement (“Second Amendment”), increasing the not-to-exceed compensation to $105,000 and extending the term to December 31, 2025, to ensure the City had appropriate financial guidance through the remainder of the calendar year. On December 22, 2025, the Interim City Managers approved the Third Amendment to the Master Agreement (“Third Amendment”), extending the term to May 31, 2026.
The City is nearing the end of the recruitment for its Finance Director role, and this Fourth Amendment to the Master Agreement (“Fourth Amendment”) is intended to provide a seamless transition to ensure that the incoming Finance Director has the ability to onboard since Katherine has a significant amount of institutional knowledge.
Item Number
14I
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/21/2025
ANALYSIS
The proposed Fourth Amendment will increase the total not-to-exceed compensation by an additional $20,000, bringing the total to $125,000. Additionally, the term will be extended through June 30, 2026, ensuring the City has appropriate high level financial assistance until the end of the fiscal year.
CONCLUSION
Upon City Council approval, the City Manager will execute the amendment as approved by the City Attorney.
STRATEGIC PLAN CORRELATION
Goal F. Communication and Outreach
6. Explore opportunities for efficiency through insourcing and outsourcing.
FINANCIAL IMPACT
There will be no current impact to the City’s General Fund due to cost savings from the vacancy in the permanent position of Director of Finance.
ATTACHMENTS
A. Draft Proposed Fourth Amendment
B. Master Agreement
C. First Amendment
D. Second Amendment
E. Third Amendment
1 2025
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Public Finance Consulting)
(Parties: Katherine Godbey and City of Cudahy)
THIS FOURTH AMENDMENT (hereinafter, “Fourth Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated May 1, 2025 (hereinafter, the “Master Agreement”), is hereby made and entered into this 21st day of April 2026 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Katherine Godbey (hereinafter, “CONSULTANT”).
For purposes of this Fourth Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONSULTANT. The capitalized term “Party” may refer to either CITY or CONSULTANT, interchangeably as appropriate.
RECITALS
This FORTH AMENDMENT is made and entered into with respect to the following facts:
WHEREAS, on May 1, 2025, the Parties executed and entered into the Master Agreement for CONSULTANT to provide Public Finance Consulting Services (“Services”); and
WHEREAS, the Master Agreement was subsequently amended on June 4, 2025, by way of a First Amendment to increase the total compensation as the City required continued services (hereinafter the “First Amendment”); and WHEREAS, the Master Agreement was subsequently amended on June 17, 2025, by way of a Second Amendment to increase the total compensation and extend the term as the City required continued services (hereinafter the “Second Amendment”); and WHEREAS, the Master Agreement was subsequently amended on December 22, 2025, by way of a Third Amendment to extend the term to May 31, 2026, as the City required continued services (hereinafter the “Third Amendment”); and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the First Amendment is attached and incorporated hereto as Exhibit “B”; and
WHEREAS, the Second Amendment is attached and incorporated hereto as Exhibit “C”; and
WHEREAS, the Third Amendment is attached and incorporated hereto as Exhibit “D”; and
Attachment A Page 123 of 245
2 WHEREAS, the City requires continued Services; and
WHEREAS, continued Services require an amendment to the Master Agreement to extend the term and increase the Not-To-Exceed Sum to TWENTY THOUSAND DOLLARS ($20,000); and
WHEREAS, the execution of this Fourth Amendment was approved by the Cudahy City Council at its Regular Meeting of April 21, 2026, under Agenda Item No. _____.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 1.1 “Term” of the Master Agreement is hereby amended, extending the term to June 30, 2026.
SECTION 2. The Not-to-Exceed Sum as set forth in section 1.4 of the Master Agreement is hereby increased by an additional twenty thousand dollars for a Not-to Exceed Sum of ONE HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS ($125,000).
SECTION 3. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. Section 6.19 of “Entire Agreement” provision of the Master Agreement notwithstanding, this Fourth Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Master Agreement, the provisions of this Fourth Amendment shall govern and control to the extent of the conflict or inconsistency and no further.
(SIGNATURES ON NEXT PAGE)
3 IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.
CITY OF CUDAHY:
By: ________________________________
Christopher R. Lopez
City Manager
Date: _______________________________
APPROVED AS TO FORM:
By: ________________________________
Shelley Preisler
City Attorney
Date: _______________________________
CONSULTANT:
By: ____________________________
Name: _________________________
Title: __________________________
Date___________________________
4 EXHIBIT “A”
MASTER AGREEMENT
5 EXHIBIT “B”
FIRST AMENDMENT
6 EXHIBIT “C”
SECOND AMENDMENT
7 EXHIBIT “D”
THIRD AMENDMENT
1 2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: PUBLIC FINANCE CONSULTING)
(Parties: Katherine Godbey and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 1
st day of May 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Katherine Godbey (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 wishes to engage CONSULTANT to provide Public Finance Consulting; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under Section 2.12.030(13) of the Cudahy Municipal Code.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of four (4) months or not to exceed 120 working hours, (hereinafter, the “Term”), commencing from the Effective Date.
Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to provide the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Work”). 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 Attachment B Page 130 of 245
2 timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work”.
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 September 21, 2025 (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: In consideration for CONSULTANT’s performance of all of the various services and tasks described in the Scope of Work, CITY shall compensate CONSULTANT in accordance with the Fee Schedule attached 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 FIFTEEN THOUSAND DOLLARS ($15,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
3 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, as permitted in the Reimbursement Policy, attached and incorporated herein as Exhibit “C”. 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.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
4 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Katherine Godbey, Finance Consultant (hereinafter, “Consultant Representative”) to act as its representative for the performance of this Agreement. Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of
5 performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services subject to the requirements of this
6 Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.8 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
2.9 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
7 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. Professional Liability (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.
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. (Not required if consultant provides written verification it has no employees)
8 3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems
9 necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with
10 applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
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
11 Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
12 In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
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
13 and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts,
14 schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CITY: CONTRACTOR:
City of Cudahy
City Manager’s Office
Attn: Alfonso Noyola
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143
Katherine Godbey
PO Box 193
Wellington, NV 89444
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.
15 6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the C. Political Reform Act, codified at California Government Code §81000 et seq.
D. 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
16 manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for
17 convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
5/7/2025
19 EXHIBIT “A”
SCOPE OF WORK
The Consultant will advise and assist the City of Cudahy in implementing financial management strategies, as well as carrying out a wide range of tasks as directed, which may include the following:
o Support the maintenance of the City’s general ledger, including preparation and posting of journal entries and account reconciliations. o Provide oversight and hands-on assistance with financial transactions, including accounts payable, payroll processing, and accounts receivable. o Assist in the preparation and coordination of the City’s annual operating and capital improvement budgets.
o Provide support for budget development, implementation, monitoring, and reporting.
o Offer financial analysis and forecasting to support short and long-term fiscal planning including 5 year forecasting review and updates. o Draft, review, and present financial reports and statements as needed by City staff, Council, or outside agencies.
o Coordinate with external auditors and assist in the preparation and completion of the annual audit.
o Ensure compliance with applicable laws, regulations, policies, and industry best practices.
o Evaluate existing financial systems and internal controls; provide recommendations for process improvements and risk mitigation. o Assist with implementation of financial policy updates, procedural changes, and automation strategies where appropriate.
o Provide consultation to City staff on financial matters, policies, and procedures. o Attend City meetings, including City Council and committee meetings, as requested to offer financial expertise and recommendations. o Respond to inquiries via phone, email, or in person, and maintain open communication with relevant stakeholders.
o Perform other related financial advisory and consulting services as may be mutually agreed upon with the City Manager.
o Perform other duties as an interim finance director.
Work Schedule
The Consultant will serve on an as-needed basis, as mutually agreed upon by the Consultant and the City Manager. The Consultant shall coordinate in advance with the City Manager or designee to schedule work sessions or meetings and is expected to be responsive to City needs and available for consultation.
20 EXHIBIT “B”
FEE SCHEDULE
Consultant shall be compensated at a rate of $125.00 per hour.
This rate excludes travel and lodging expenses, which shall be reimbursed separately by the City in accordance with its approved reimbursement policies and rates set forth in Exhibit “C”, upon submission of supporting documentation and approval by the City Manager.
Total compensation shall not exceed $15,000.00, unless modified by written amendment approved by both parties.
Consultant shall submit monthly invoices for services performed and additional reimbursable expenses. Payment shall be made within 30 days of receipt.
21 EXHIBIT “C”
REIMBURSEMENT POLICY
Consultant Travel to Assigned Work Location
Consultants who use their personal vehicle to travel from their residence to an assigned work location for approved business purposes are eligible for reimbursement of the entire round-trip mileage.
Reimbursement will be provided at the current IRS-approved mileage rate.
Lodging
Lodging must be obtained at the most economical rate available for good quality. In general, hotel accommodation should be for the standard room rate, government room rate, or whichever is less. Only single room rates are authorized for reimbursement. If the lodging receipt shows more than a single occupancy, the single room rate must be noted. Upgrades to accommodations are not covered.
Exclusions
Meals and incidental expenses are not eligible for reimbursement and are not covered under this policy.
Note: All reimbursements are subject to the approval of the City Manager.
22 EXHIBIT “D”
RESUME
1 2025
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Public Finance Consulting)
(Parties: Katherine Godbey and City of Cudahy)
THIS FIRST AMENDMENT (hereinafter, “Amendment”) to that certain agreement entitled “Professional Services Agreement”, dated May 1, 2025 (hereinafter, the “Master Agreement”), is hereby made and entered into this 4th day of June 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Katherine Godbey (hereinafter, “CONSULTANT”). For purposes of this Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONSULTANT. The capitalized term “Party” may refer to either CITY or CONSULTANT, interchangeably as appropriate.
RECITALS
This AMENDMENT is made and entered into with respect to the following facts:
WHEREAS, on May 1, 2025, the Parties executed and entered into the Professional Services Agreement, Exhibit “A”, to provide public finance consulting services (“Services”); and
WHEREAS, the City requires continued Services; and
WHEREAS, continued Services require an amendment to the Master Agreement, specifically an increase of Ten Thousand Dollars ($10,000) to the Not-to-Exceed Sum; and
WHEREAS, the execution of this Amendment was approved by the City Manager pursuant to his authority under Section 2.12.030(13) of the Cudahy Municipal Code.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. The Not-to-Exceed Sum as set in section 1.4 of the Master Agreement is hereby increased by an additional TEN THOUSAND ($10,000) for a new Not-to-Exceed Sum of TWENTY-FIVE THOUSAND ($25,000).
SECTION 2. Except as otherwise set forth in this Amendment, the Master Agreement shall remain binding, controlling, and in full force effect. The Amendment and Master Agreement, including exhibits, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
Attachment C Page 153 of 245
2 SECTION 3. The provisions of this Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Master Agreement, the provisions of this Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further. (SIGNATURES ON NEXT PAGE)
lN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed on the day and year first appearing above.
CITY OF CUDAHY: KATHERINE GODBEY:
By
IV
City
Date
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APPROVED AS TO FORM:
Title
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Date (, ?
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Stephanie Arechiga
City Attorney
Date:
3 6/12/2025
4 EXHIBIT “A”
MASTER AGREEMENT
1 2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: PUBLIC FINANCE CONSULTING)
(Parties: Katherine Godbey and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 1
st day of May 2025 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Katherine Godbey (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 wishes to engage CONSULTANT to provide Public Finance Consulting; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under Section 2.12.030(13) of the Cudahy Municipal Code.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term of four (4) months or not to exceed 120 working hours, (hereinafter, the “Term”), commencing from the Effective Date.
Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.
1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to provide the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Work”). 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
2 timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work”.
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 September 21, 2025 (the “Completion Date”);
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: In consideration for CONSULTANT’s performance of all of the various services and tasks described in the Scope of Work, CITY shall compensate CONSULTANT in accordance with the Fee Schedule attached 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 FIFTEEN THOUSAND DOLLARS ($15,000.00) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
3 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, as permitted in the Reimbursement Policy, attached and incorporated herein as Exhibit “C”. 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.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
4 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Katherine Godbey, Finance Consultant (hereinafter, “Consultant Representative”) to act as its representative for the performance of this Agreement. Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or Consultant Representative’s designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of
5 performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services subject to the requirements of this
6 Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.8 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
2.9 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
7 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. Professional Liability (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.
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. (Not required if consultant provides written verification it has no employees)
8 3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before commencing the Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems
9 necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “ City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with
10 applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
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
11 Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
12 In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
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
13 and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts,
14 schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CITY: CONTRACTOR:
City of Cudahy
City Manager’s Office
Attn: Alfonso Noyola
Cudahy City Hall
5220 Santa Ana St.,
Cudahy, CA 90201
Phone: (323) 773-5143
Katherine Godbey
PO Box 193
Wellington, NV 89444
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.
15 6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the C. Political Reform Act, codified at California Government Code §81000 et seq.
D. 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
16 manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for
17 convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The deadline for completing the Services may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The CITY Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
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