Agenda packet — Cypress City Council, June 24, 2024 (part 1 of 2)

AMENDED AGENDA

REGULAR MEETING

CYPRESS CITY COUNCIL
June 24, 2024
5:30 P.M. - Closed Session/Workshop
6:00 P.M. - General Session
www.cypressca.org 5275 Orange Avenue
Cypress, California
Interested in speaking to the City Council? Information about participating in the City Council meeting appears at the end of the agenda.

AGENDA AMENDMENT
Agenda Item No. 19 - Additional response letters to the project attached to report.

CALL TO ORDER
5:30 P.M.

Executive Board Room

ROLL CALL
Cypress City Council, also acting as the Ex-Officio Governing Board of Directors of the Cypress Recreation and Park District
Mayor Scott Minikus
Mayor Pro Tem Bonnie Peat
Council Member David Burke
Council Member Anne Mallari
Council Member Frances Marquez
ORAL COMMUNICATIONS ON CLOSED SESSION / WORKSHOP ITEMS (Limited to 30 minutes - three minutes per speaker. The City Council may adjust the time allotted per speaker.) The public may address the City Council on Closed Session/Workshop items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiators: City Manager and Director of Finance and Administrative Services Employee Groups: Cypress Employees' Association
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Fortis LLP v. Frances Marquez, City of Cypress
Case No. 30-2022-01277792-CU-WM-CJC
Orange County Superior Court

RECONVENE
6:00 P.M.

Council Chambers

PLEDGE OF ALLEGIANCE

REPORT OF CLOSED SESSION / WORKSHOP
City Manager/City Attorney

PRESENTATIONS
Recognition of Outgoing Commissioners and Oath of Office for Incoming Commissioners Veteran Recognition Presentation
Introduction of New City Employees
Housing Element Implementation Ballot Measure Education, Outreach and Communication ORAL COMMUNICATIONS ON AGENDA ITEMS (Three minutes per speaker. The City June 24, 2024 | Page 2
ORAL COMMUNICATIONS ON AGENDA ITEMS (Three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on agenda items prior to any action taken. Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item. Council Members voting no or abstaining on a Consent Calendar item may do so without removing the item from the Consent Calendar.

1. Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading

2. Receive an Update on the Strategic Plan Six-Month Objectives Prepared by: Peter Grant, City Manager
Recommendation: Receive an update on the Strategic Plan six-month objectives.

3. Appoint a Commissioner to Fill an Unscheduled Vacancy on the Senior Citizens Commission
Prepared by: Alisha Farnell, City Clerk
Recommendation: Appoint Claudia Nessary to the Senior Citizens Commission to fill an unscheduled vacancy with a partial-term ending June 30, 2026.

4. Adopt Resolutions to Hold a General Municipal Election on November 5, 2024 Prepared by: Alisha Farnell, City Clerk
Recommendation:

1. Adopt a Resolution calling a General Municipal Election on Tuesday, November 5, 2024, for the election of certain officers as required by the City Charter; and

2. Adopt a Resolution requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the Statewide General Election to be held on the same date pursuant to Elections Code §10403; and

3. Adopt a Resolution adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.

June 24, 2024 | Page 3

5. Approve the First Reading of an Ordinance Approving Electronic and Paper Methods of Filing Campaign Finance Disclosure Statements.

Prepared by: Alisha Farnell, City Clerk
Recommendation: Approve the first reading an Ordinance relating to campaign finance reporting and approving electronic and paper methods of filing campaign finance disclosure statements.

6. Accept Organic Recycling Local Assistance Grant
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept a CalRecycle Organic Recycling Local Assistance Grant; and

2. Increase FY 2023-24 estimated revenues by $137,092 in the General Fund.

7. Accept the Shade Structure Replacement at Eucalyptus Park, Project 364 Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Accept the Shade Structure Replacement at Eucalyptus Park, Project 364, in the amount of $79,279 and approve the final payment of $3,963.95 to R.E. Schultz Construction, Inc., and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

8. Approve the Measure M2 Program Eligibility Submittal Package for Fiscal Year 2024-25
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve the Measure M2 program eligibility submittal package for Fiscal Year 2024-25.

9. Approve Contract Services Agreement and Task Order for On-Call Construction Management and Inspection Services
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve contract services agreement for on-call construction management and inspection services with FCG Consultants, Inc., and

2. Approve a Task Order to FCG Consultants, Inc. for an amount not to exceed $100,000 to perform public works construction management and inspection services for the period of July 1, 2024 through June 30, 2025.

June 24, 2024 | Page 4

10. Approve Task Order for Sewer System Management Plan Update and Audit Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve a Task Order for the preparation of the Sewer System Management Plan update and audit to AKM Consulting Engineers for $119,184.

11. Approve Task Order for City Traffic Engineer Services Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve a Task Order for an amount not to exceed $163,000 to Linscott, Law & Greenspan Engineers (LLG) to provide FY 2024-25 City Traffic Engineer Services.

12. Approve Plans and Specifications and Award Contract for Tree Planting, Project 358
Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve plans and specifications for the FY 2023-24 Tree Planting, Project 358; and

2. Award a contract to Master Landscape & Maintenance, Inc. for $61,309 and authorize a contingency of $9,200.

13. Approve Contract Services Agreement for HVAC Maintenance and Repair Services
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Approve a two-year contract to Control Air Enterprises, LLC for Heating, Ventilation, and Air Conditioning (HVAC) maintenance and repair services for $41,951 annually.

14. Approve Contract Services Agreements for Custodial Services Prepared by: Doug Dancs, Director of Public Works
Recommendation:

1. Approve a two-year contract for custodial services at City facilities to United Maintenance Systems for an annual amount of $103,380; and

2. Approve a two-year contract for custodial services at Recreation and Park facilities to United Maintenance Systems for an annual amount of $103,800; and

3. Approve a two-year contract for custodial services for Recreation and Park restrooms to United Maintenance Systems for an annual amount of $89,040.

June 24, 2024 | Page 5

15. Approve the Purchase of Youth Sports Uniforms
Prepared by: Jeff Draper, Director of Recreation and Community Services Recommendation: Approve a one-year agreement for the purchase of youth sports uniforms with Manhattan Stitching Company for an amount not to exceed $10,291.

16. Receive and File the Investment Report for the Month Ended May 31, 2024 Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the attached investment report.

17. Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of May 11, 2024 through June 7, 2024
Prepared by: Matt Burton, Director of Finance and Administrative Services Recommendation: Receive and file the attached payment register summarized below for the period of May 11, 2024 through June 7, 2024:

Electronic Funds Transfers 15120 through 15299
Warrants 65248 through 65424
Payroll Transfers W1529 through W1530
PUBLIC HEARINGS (Three minutes per speaker)
The public may address the City Council on public hearing items prior to any action taken.

Although Council Members may provide brief responses, the City Council may not engage in a discussion with members of the public during the meeting. Please complete a Speaker's Card to address the City Council in-person. Please follow the instructions at the end of the agenda and wait for the Mayor/City Clerk to call on you to address the City Council virtually. Speakers providing in-person comments will be called first.

Council Members should disclose communications with anyone relevant to a Public Hearing item.

18. Renew the Cypress Corporate Center Landscape Maintenance District No. 1 for FY 2024-25
Prepared by: Doug Dancs, Director of Public Works
Recommendation: Adopt a Resolution renewing Cypress Corporate Center Landscape Maintenance District No. 1 for FY 2024-25, pursuant to the Landscaping and Lighting Act of 1972.

June 24, 2024 | Page 6

19. Approve a Conditional Use Permit, a Conditional Use Permit Amendment, and Tentative Parcel Map for a Charter School at 4321 Cerritos Avenue Prepared by: Alicia Velasco, Planning Director
Recommendation:

1. Adopt a Resolution amending Conditional Use Permit No. 86-11; and

2. Adopt a Resolution approving Conditional Use Permit No. 2024-01; and

3. Adopt a Resolution approving Tentative Parcel Map No. 2023-134; and

4. Confirm actions are exempt from California Environmental Quality Requirements.

NEW BUSINESS
None.

ITEMS REMOVED FROM CONSENT CALENDAR
ORAL COMMUNICATIONS (Three minutes per speaker. The City Council may adjust the time allotted per speaker.)
The public may address the City Council on any item within the subject matter jurisdiction of the City Council. Although Council Members may provide brief responses, the City Council may not discuss nor take action on items that are not on the agenda. Please complete a Speaker's Card to address the City Council in-person. Members of the public are encouraged to communicate with the City Council via email at [email protected] or by calling 714-229-6699.

COUNCIL MEMBER REPORTS FROM CITY-AFFILIATED BOARDS AND COMMITTEES

AND REMARKS

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY MANAGER REMARKS
June 24, 2024 | Page 7

ADJOURNMENT
The next meeting will be an adjourned Regular Meeting, to be held on Monday, July 8, 2024, beginning at 5:30 p.m. in the Executive Board Room.

Council Members and the public should promptly exit the Council Chambers and proceed through the Civic Center to the parking lot.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Dated this 20th day of June, 2024.

________________________________
Alisha Farnell, City Clerk
June 24, 2024 | Page 8

PUBLIC PARTICIPATION
Members of the public can participate in the City Council meeting in the following ways:

1. Attend In-Person. First-come, first-served seating is available. All attendees must be free of any symptoms associated with contagious illnesses.

2. Attend Virtually via Webinar. Follow this
link: https://attendee.gotowebinar.com/register/7631196076950940501. Advanced registration is recommended.

The public may address the City Council virtually during Oral Communications on Agenda Items and Public Hearings. Virtual participants must click the 'hand raise' button prior to the end of the first in-person speaker to indicate they wish to address the City Council. Upon clicking the 'hand raise' button, please unmute your microphone and wait for the Mayor/City Clerk to call on you. = Hand Raise = Unmute

3. Submit Public Comments Prior to the Meeting. The public may submit comments via email to [email protected]. Comments submitted by 3:00 p.m. on the day of the meeting will be added to the meeting record.

4. Watch the Meeting. The City Council meeting can be viewed on Spectrum Cable Channel 36 or on the City's website at www.cypressca.org/watchlive.

5. Listen to the Meeting. Listen-only teleconferencing is available by calling (562) 247-8422 and entering Access Code 332-287-088. No registration or audio pin is necessary.

INVOCATION POLICY
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Council’s policy on invocations is available from the City Clerk.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk at (714) 229-6685 at least 72 hours prior to the meeting to enable the City to make reasonable arrangements to assure accessibility to this meeting.

June 24, 2024 | Page 9
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 2.

FROM: Peter Grant, City Manager
DATE: 06/24/2024
SUBJECT: Receive an Update on the Strategic Plan Six-Month Objectives

RECOMMENDATION
Receive an update on the Strategic Plan six-month objectives.

DISCUSSION
The Strategic Plan establishes major goals and objectives for the City. It provides the principal guidance for the preparation of the budget and a plan for implementation and accountability. The Strategic Plan is among the City Council's most effective tools to improve services and preserve Cypress' high quality of life.

The City Council updated the Strategic Plan in March 2024, including a review of the existing plan, development of new six-month objectives, and a discussion of the City's strengths and accomplishments during the past six months. The attached matrices report the progress on the six-month objectives as of June 24, 2024.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Six-month Objectives

C I T Y O F C Y P R E S S

SIX-MONTH STRATEGIC OBJECTIVES
A p r i l 2 0 2 4 – S e p t e m b e r 2 0 2 4
Updated: June 17, 2024 A
THREE-YEAR GOAL: MAINTAIN INFRASTRUCTURE AND FACILITIES

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. May 13 City
Council meeting
Public Works Director Recommend a project to modernize the Executive Board Conference Room in FY 24-25 as part of the
Capital Improvement Program
X

2. By August 31 Public Works Director Recommend a strategy and funding to increase sustainability in the City’s civilian vehicle fleet to the City Manager
X

3. August 26 City
Council meeting
Public Works Director Recommend options for streamlining Capital Improvement Plan projects to increase efficiency and
contain costs
X

4. June 24 City
Council meeting
Public Works Director Recommend an agreement for the design of Myra Avenue pump station No. 1
X

5. Ongoing Public Works Director
& Finance Director
Pursue outside funding to offset the cost to replace
Myra Avenue pump station No. 1, including potentially
engaging a grant writer and/or lobbyist

C I T Y O F C Y P R E S S

SIX-MONTH STRATEGIC OBJECTIVES
A p r i l 2 0 2 4 – S e p t e m b e r 2 0 2 4
Updated: June 17, 2024 B

MAINTAIN FINANCIAL STABILITY AND PROMOTE ECONOMIC ACTIVITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. Ongoing until City
Council considers
placing measure on
ballot
Planning Director Conduct Housing Element implementation ballot measure education, outreach, and communication

2. July 8 City Council
meeting
Planning Director &
City Attorney
Recommend placing the Housing Element
implementation ballot measure on the 2024 General
Election
X

3. April 22 City
Council meeting
City Manager &
Planning Director
Recommend the second phase of the Business
Development Program
X

4. August 26 City
Council meeting
Planning Director Recommend the Business Park Specific Plan Modernization
X

5. May 28 City Council
meeting
Finance Director Provide the results of the FY 2022-23 Measure M2 audit and any modifications to the OCTA settlement
agreement that will restore Measure M2 allocation
eligibility prior to June 30, 2024, rather than June 30, 2025 as originally contemplated
X

C I T Y O F C Y P R E S S

SIX-MONTH STRATEGIC OBJECTIVES
A p r i l 2 0 2 4 – S e p t e m b e r 2 0 2 4
Updated: June 17, 2024 C
THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. May 13 City Council
meeting
Police Chief Recommend an agreement for body worn cameras for Police Department patrol personnel
X

2. By September 15 Police Chief working
with HR, CERT &
OCFA
Provide workplace safety training to all City staff X

3. On August 6 Police Chief & RCS
Director
Produce a new signature community event combining
the Police department’s National Night Out and RCS’
Summerfest
X

C I T Y O F C Y P R E S S

SIX-MONTH STRATEGIC OBJECTIVES
A p r i l 2 0 2 4 – S e p t e m b e r 2 0 2 4
Updated: June 17, 2024 D
THREE-YEAR GOAL: ENHANCE RECREATION FACILITIES AND PROGRAMS

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. August 26 City
Council meeting
City Manager & Public
Works Director
Recommend an extension to the lease with Orange
County Public Libraries for the Cypress Library
X

2. By September 15 Public Works & RCS
Director
Conduct a dirty boots construction tour of Arnold
Cypress Park for the City Council, Recreation
Commission, and Cypress Girls Softball League
X

3. September 9 joint
City Council-RCS
Commission
meeting
RCS Director Recommend updates to the Field and Facility Rental Policy
X

C I T Y O F C Y P R E S S

SIX-MONTH STRATEGIC OBJECTIVES
A p r i l 2 0 2 4 – S e p t e m b e r 2 0 2 4
Updated: June 17, 2024 E
THREE-YEAR GOAL: MAINTAIN HIGH QUALITY AN HIGH VALUE SERVICES FOR THE COMMUNITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. April 22 City
Council meeting
City Manager & City
Clerk
Recommend a Resolution focused on sustaining
effective governance after the transition to districts
X

2. August 26 City
Council meeting
Planning Director &
Public Works Director
Recommend a program to incentivize residential
property owners to maintain/improve privately-owned
walls along arterial streets, including strategies to
address atypical locations
X

3. September 9 City
Council workshop
City Manager & City
Clerk working with
Communications LAB
Present a strategic communications work plan,
including review of City logos and branding
X

4. May 13 City Council
meeting
City Manager Recommend a Budget Decision Package to fund consultant-led team-building efforts for the 2025 City
Council to the City Council
X

5. By September 1 Finance Director, IT
Manager & Police
Chief
Present an updated Business Continuity Plan to the
City Manager
X

6. June 24 City Clerk & City
Attorney
Recommend calling the 2024 General Election X
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 3.

FROM: Alisha Farnell, City Clerk
DATE: 06/24/2024
SUBJECT: Appoint a Commissioner to Fill an Unscheduled Vacancy on the Senior Citizens Commission

RECOMMENDATION
Appoint Claudia Nessary to the Senior Citizens Commission to fill an unscheduled vacancy with a partial-term ending June 30, 2026.

DISCUSSION
Glenn Button has submitted his resignation from the Senior Citizens Commission effective June 12. Mr. Button was serving his first term on the Senior Citizens Commission, which expires on June 30, 2026. Per the Boards, Commissions, and Committees Policy Manual adopted by City Council, a successor appointed to fill this vacancy must serve the remaining unexpired term vacated by Mr. Button.

As part of the annual Commission recruitment that occurred in April, the City Council selected several applicants to serve as alternates that should be considered for appointment should an unscheduled vacancy occur on a Commission prior to the next annual recruitment in 2025. The applicant identified as an alternate for the Senior Citizens Commission is Claudia Nessary. It is recommended the City Council appoint Claudia Nessary to fill the unscheduled vacancy resulting from Mr. Button's resignation.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resignation Letter
Senior Citizens Commission
City of Cypress
June 12,2024
To Chair Hank Machal and all Senior Citizens Commissioners, With a heavy heart, I must resign from our commission, effective June 12, 2024. lt has been a great honor to serve alongside each of you and learn from each of you. I am about to begin my campaign for City Council in District 4.
ln addition to welcoming Cynthia Fayne to our Commission, this will give ourAlternate, Claudia Nessary the opportunity to serve.

I am grateful for the many things we have accomplished together over the past two years, including:
o Circulating, tabulating, analyzing and reporting on our Senior Survey . Serving in the kitchen and in the dining room for many festive occasions . Planning for, publicizing, redirecting during construction, and celebrating our remodeled Cypress Senior Center
. Engaging with future leaders of the Youth Action Committee o Celebrating our Cypress Senior Center's 30th Anniversary, complete with a historical slideshow . Reviewing and selecting Grace Lachina honorees
o Delivering Meals on Wheels (as a ride along)
. Representing our Commission at meetings of the Sunshine Club and Senior Club boards o Agonizing over our decision to remove the ceramics kilns . Supporting Resource Fairs, complete with pancakes
. Sharing our issues and successes with the City Council . Serving as Vice Chair, supporting Hank Machal
ln short, I will deeply miss being part of this fine Commission with each of you. I look foruyard to continuing our friendships and our support of Cypress as I transition to campaigning for a new position.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 4.

FROM: Alisha Farnell, City Clerk
DATE: 06/24/2024
SUBJECT: Adopt Resolutions to Hold a General Municipal Election on November 5, 2024

RECOMMENDATION

1. Adopt a Resolution calling a General Municipal Election on Tuesday, November 5, 2024, for the election of certain officers as required by the City Charter; and

3. Adopt a Resolution adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.

DISCUSSION
The City Charter calls for a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing two members of the City Council for the full term of four years. In March, the City transitioned to district-based elections, adopting a five-district map and changing City Council elections to comply with the California Voting Rights Act. Starting with the November 5, 2024 General Municipal Election and every four years thereafter, voters will elect one Council Member to represent the district in which they live. The Council Member must reside in the same district and will be elected by the voters residing there. As part of the process of transitioning to district-based elections, the City Council set an election sequence that calls for the election of a Council Member from Districts 3 and 4 in the November 5, 2024 election.

The attached Resolutions call for the holding of a General Municipal Election on Tuesday, November 5, 2024, request the Board of Supervisors consolidate the General Municipal Election with the Statewide General Election, and establish regulations for candidates for elective office pertaining to candidates' statements submitted to the voters.

BUDGET IMPACT
The FY 2024-25 Budget includes sufficient amounts for general municipal election costs.

LEGAL REVIEW
The City Attorney has reviewed and approved the Resolutions.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution Calling Election
Resolution Consolidating with Orange County
Resolution on Candidates Statements
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.

WHEREAS, under the provisions of the City Charter, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the City Charter, there is called and ordered to be held in the City of Cypress, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a District 3 Council Member and a District 4 Council Member for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls (vote centers) for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code §10242, except as provided in §14212, 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
2 SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED, APPROVED AND ADOPTED on the 24th day of June, 2024. _____________________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 24th day of June, 2024; by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE.

WHEREAS, the City Council of the City of Cypress called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of a Council Member in District 3 and District 4; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Council Member in District 3 and District 4.

SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Cypress recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
2 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of Orange.

SECTION 6. That 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 on the 24th day of June, 2024. ____________________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
NOVEMBER 5, 2024.

WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Cypress on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Orange. The County is required to translate candidate’s statements into the following languages:

Spanish, Korean, Vietnamese and Chinese.

B. The County will print and mail voter information guides and candidates statements to all voters in Spanish, Korean, Vietnamese, and Chinese or The County will mail separate voter information guides and candidates statements in Spanish, Korean, Vietnamese, and Chinese to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places/vote centers, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT.
2 A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and/or State law.

2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language, requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS.
3 A. All translations shall be provided by professionally-certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. That all previous Resolutions establishing council policy on payment for candidates statements are repealed.

SECTION 8. That this Resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 9. That 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 on the 24th day of June, 2024. ____________________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS

STATE OF CALIFORNIA )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:
4 ABSENT: COUNCILMEMBERS:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 5.

FROM: Alisha Farnell, City Clerk
DATE: 06/24/2024
SUBJECT: Approve the First Reading of an Ordinance Approving Electronic and Paper Methods of Filing Campaign Finance Disclosure Statements.

RECOMMENDATION
Approve the first reading an Ordinance relating to campaign finance reporting and approving electronic and paper methods of filing campaign finance disclosure statements.

DISCUSSION
At its March 25 meeting, the City Council approved an agreement with NetFile, Inc. for an electronic filing system for campaign disclosure statements for campaign committees and candidates. As part of the implementation process, the City Council must adopt an Ordinance with required findings approving the use of an electronic filing system, which states the system:

Will operate securely and effectively and will not unduly burden filers; and Must be available free of charge to filers and the public for viewing filings; and Must include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury.

Although State law authorizes the City to mandate electronic filing, such mandate could have a direct effect on those committees or individuals who do not have computer access or familiarity with computer programs. To ensure that the same opportunity to comply with the Political Reform Act is afforded to all committees/individuals without unduly burdening anyone, it is recommended that City Council approve an Opt-In/Out Program. In short, to ensure reporting continuity and accurate accounting of contributions/expenditures, once a committee/individual chooses to file a report electronically, the committee/individual is deemed "opted-in" and shall file all future statements electronically. Any committee/individual who would prefer to "opt-out" of the electronically filing system must continue to submit original paper filings to the City Clerk's office. Should a committee/individual choose to "opt-out", the City Clerk's office will continue to accept such reports until the committee/individual chooses to "opt-in."
BUDGET IMPACT
None.

None.

LEGAL REVIEW
The Ordinance was reviewed and approved by the City Attorney's office.

APPROVED BY: Peter Grant, City Manager
Attachments
Ordinance
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA
AMENDING SECTION 2-128 OF THE CYPRESS MUNICIPAL CODE

RELATING TO CAMPAIGN FINANCE REPORTING AND APPROVING

ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN

FINANCE DISCLOSURE STATEMENTS
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act, except those who contributions and expenditures each total less than Two Thousand Dollars ($2,000) in a calendar year, to file such statements, reports, and other documents online or electronically with the City Clerk; and
WHEREAS, on March 25, 2024, the City entered into an agreement with a vendor certified by the Secretary of State for campaign disclosure documents that meets the requirements set by Government Code Section 84615; and
WHEREAS, the City Council approves the use of an electronic system, which includes that it will operate securely and effectively and will not unduly burden filers; it must be available free of charge to filers and the public for viewing filings; and it must include a procedure for filers to comply with the requirement that they sign statements and reports under the penalty of perjury.

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

Section 1. Section 2-128 of the Cypress Municipal Code shall be amended in its entirety to read as follows:
2-128. Reports.
(a) Required Use of Electronic Filing System.
(1) Except as set forth in subsection (i) of this Section 2-128, any candidate, committee, or other person required to file specified statements, reports, forms or other documents detailing contributions, expenditures, independent expenditures or payments as required by Chapter 4 of Title 9 of the California Government Code (also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the City’s online system according to procedures established by the City Clerk.

However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that candidate, committee, or other person must be filed electronically.
(2) A candidate, committee, or other person may choose not to use the electronica filing system by filing all original statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.
(b) Paper Filing Not Required After Electronic Filing. Any candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the City’s online system is not also required to file a copy of that document in a paper format with the City Clerk. (c) Report Form. Reports, statements, forms or other documents required shall be on the forms required by the Political Reform Act, and shall contain the following:
(1) The name, street address, and telephone number of the person or committee making the contribution, expenditure, independent expenditure, or payment and of the committee’s treasurer. (2) If the report is related to a candidate, the full name of the candidate and the city office for which the candidate seeks nomination or election.
(3) If the report is related to a city measure, the full name by which the city measure is designated or proposed to be designated. (4) The total amount of contributions received related to the candidate for city office or city measure during the period covered by the report.
(5) The total amount of expenditures related to the candidate for city office or city measure during the period covered by the report. (6) The total amount of independent expenditures related to the candidate for city office or city measure during the period covered by the report.
(7) The total amount of payments made related to the candidate for city office or city measure during the period covered by the report. (8) For each person for whom a contribution has been received, and/or from each person to whom an expenditure, independent expenditure, or payment has been made on behalf of a candidate for city office or city measure during the period covered by the report:
a. His or her full name.
b. His or her street address.
c. If the person is a committee, the name of the committee, the number assigned to the committee by the Secretary of State, or if no number has been assigned, the full name and street address of the treasurer of the committee.
d. The date of the contribution, expenditure, independent expenditure, and/or payment.
e. The amount of the contribution, expenditure, independent expenditure, and/or payment.
f. A brief description of the consideration for which each such expenditure or independent expenditure was made and the value of the consideration if less than the total amount of the same.
g. The cumulative amount of expenditures, independent
expenditures, and/or payments to such person over the period covered by the report.
(d) Filing Schedule. Reports, statements, forms or other documents required shall be filed semi-annually and/or as required under the Political Reform Act. Reports, statements, forms or other documents detailing contributions and/or expenditures shall be filed for the semiannual periods covering January 1 through June 30 and July 1 through December 31 by the deadlines set by the Fair Political Practices Commission. A supplemental report shall also be filed for any candidate for city office or for any city measure after the closing date of the semiannual report period in which contribution(s), expenditure(s), independent expenditure(s) or payment(s) exceeds $500. Such supplemental report shall be filed with the City Clerk’s office by the deadlines set by the Fair Political Practices Commission. (e) Filing Options When a Copy Must be Filed with City Clerk. In any instance in which an original statement, report, form or other document must be filed with the Secretary of State or other agency, a copy of that document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk, or may file in a paper format.
(f) Paper Filing When Cannot File Electronically. If, for technical reasons, the City’s system is not capable of accepting a particular type of statement, report, form or other document, a candidate, committee, or other person shall timely file that document in paper format with the City Clerk. (g) Internet Posting of Data. The City Clerk shall ensure that the City’s system makes all electronically-filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk’s office shall also make a complete, unredacted copy of the statement, report, form or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers. (h) Records Retention. The City Clerk’s office shall maintain records according to the City’s records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.
(i) The reporting requirement contained herein shall apply only to candidates seeking election for city office, their controlled committees, committees formed or existing primarily to support or oppose the candidacy of a candidate for city office, to committees formed or existing primarily to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in the city, and to city general purpose committees active only within the city.

Section 2. Severability. That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable, and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

Section 3. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 24th day of June, 2024. _______________________________

MAYOR OF THE CITY OF CYPRESS
ATTEST:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 24th day of June, 2024, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 6.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Accept Organic Recycling Local Assistance Grant

RECOMMENDATION

1. Accept a CalRecycle Organic Recycling Local Assistance Grant; and

2. Increase FY 2023-24 estimated revenues by $137,092 in the General Fund.

DISCUSSION
The City Council approved a Resolution to apply for California Department of Resources Recycling and Recovery (CalRecycle) grants as they become available for recycling and solid waste programs (see attachment). CalRecycle recently awarded the City a one-time $137,092 grant to assist with organic recycling.

Grant proceeds may be expended on personnel and consulting services related to organic recycling implementation between April 2024 and April 2026. The one-time grant proceeds will pay for a portion of the cost of the additional public education and outreach, exemption waiver program, reporting and compliance monitoring required by CalRecycle during the next two fiscal years and there are no matching requirements.

BUDGET IMPACT
The Organic Recycling Local Assistance Grant Program provides $137,092 in one-time General Fund revenues for organic recycling implementation. Additional implementation costs above the grant award will be paid with compliance monitoring fee revenues recorded in the General Fund.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Resolution
Grant Award Information
447
RESOLUTION NO. 6948

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL

GRANT PROGRAMS FOR WHICH THE CITY OF CYPRESS IS ELIGIBLE

THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS THAT:

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery( CalRecycle) to administer various grant programs ( grants) in furtherance of the State of California' s ( state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress authorizes the submittal of applications to CalRecycle for all grants for which the City of Cypress is eligible; and
BE IT FURTHER RESOLVED that the Public Works Director, or their designee, is hereby authorized and empowered to execute in the name of the City of Cypress, all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.

PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex-officio governing Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 23rd day of October, 2023.

Clirv,",c__Th ea-ta-h-L)
MAYOR OF THE C„ TY OF CYPRESS
ATTEST:
1,1 f! ' /
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CITY CLERK OF TH CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 23rd day of October, 2023, by the following roll call vote:

AYES: 5 COUNCIL MEMBERS: Burke, Marquez, Peat, Minikus and Mallari NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None

CITY- CLE OF T E CITY OF CYPRESS
Request for Approval
Revised May 2024
To: Karen Kayfetz
Acting Deputy Director, Division of Circular Economy
From: Michelle Martin
Branch Chief, Financial Resources Management Branch
Request Date: February 14, 2024
Decision Subject: Awards for the SB 1383 Local Assistance Grant Program (Greenhouse Gas Reduction Fund, Fiscal Year 2022–23)
Action By: February 20, 2024 May 24, 2024
Summary of Request
Staff requests approval of 387 grant awards in the amount of $109,515,543$109,590,543 for the SB 1383 Local Assistance Grant Program (Program) for fiscal year (FY) 2022–23.

Funding
The FY 2022–23 Budget Act allocated $180,000,000 to be used to assist local jurisdictions in the implementation of regulations adopted by the Department of Resources Recycling and Recovery pursuant to Chapter 395 of the Statutes of 2016, with $9,000,000 reserved to cover administrative costs. CalRecycle allocated $90,000,000 to the SB 1383 Local Assistance Grant Program. The remaining funds were allocated to the Organics Grant Program to fund immediate, critical infrastructure needed to process organic waste as required by SB 1383.

After award of the Organics Grant Program, there was $19,590,543 remaining. Those funds were moved to the SB 1383 Local Assistance Grant making the total amount available for award to $109,590,543.

Table 1. Funding
Fund Source Amount
Available
Amount to
Fund Item
Amount
Remaining Line Item
Greenhouse Gas
Reduction Fund
$109,590,543 $109,515,543
$109,590,543
$75,000
$0
Local Assistance
Grants
Background and Findings
Statutory Authority
Senate Bill (SB) 1383 Lara, Chapter 395, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants.

The Budget Act of 2022 authorizes CalRecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements.

Program Background
The SB 1383 Local Assistance Grant Program provides funding to assist local jurisdictions with meeting the requirements below:
• Provide organics collection services to all residents and businesses • Conduct education and outreach to the community
• Secure access to recycling and edible food recovery capacity • Establish edible food recovery program
• Procure recyclable and recovered organic products
• Monitor compliance and conduct enforcement
Criteria and Process
The Eligibility Criteria and Evaluation Process was approved by the Deputy Director on July 19, 2023 and was presented at the July 2023 CalRecycle Monthly Public Meeting. The Notice of Funds Available was placed on the CalRecycle web site on September 14, 2023, with an appropriate notice sent to interested parties.

Applications were due November 15, 2023, with a secondary due date of December 20, 2023, for authorizing documentation submission. CalRecycle received 390 applications requesting $78,899,869. Staff reviewed the applications in accordance with the approved evaluation and criteria. Subsequently, three applications did not meet the eligibility requirements and are therefore ineligible. The base grant award is $75,000 for eligible entities. The remaining funds will be distributed to eligible entities based on per capita calculations using the Department of Finance’s January 2023 population statistics and data provided by special districts. Staff proposes to fund 387 applications.

If additional monies become available, staff recommends funding the remaining applicants.

Listed below are the types of projects recommended for funding. The types of projects recommended for funding include but are not limited to: green bins and food waste counter pails, development of education and outreach materials, record keeping subscriptions, equipment for food rescue, compost procurement, enforcement and inspections, and personal and administrative costs.

Recommendation
Staff recommends approval of 387 grant awards as listed below for $109,515,543$109,590,543.

Table 2. Recommended Awards
Applicant Award Amount
Alameda County $388,722
Amador County • City of Amador • City of Ione • City of Jackson • City of Plymouth • City of Sutter Creek $450,000
Castro Valley Sanitary District $173,811
Central Contra Costa Solid Waste Authority dba
RecycleSmart • City of Lafayette • City of Orinda • City of Walnut Creek • Town of Danville • Town of Moraga $531,371
City and County of San Francisco $2,161,472
City of Adelanto $103,014
City of Agoura Hills $75,000
City of Alameda $208,212
City of Alhambra $218,610
City of Aliso Viejo $139,546
City of American Canyon $75,000
City of Anaheim $858,835
City of Antioch $306,999
City of Arcata $75,000
City of Artesia $75,000
City of Atwater $89,452
City of Auburn $75,000
City of Avalon $75,000
City of Avenal $75,000
City of Bakersfield $1,065,428
City of Banning $89,017
City of Barstow $75,000
City of Beaumont $154,625
City of Bell Gardens $107,651
City of Bellflower $207,272
City of Belmont $77,478
City of Benicia $75,891
City of Berkeley $328,023
City of Beverly Hills $90,074
City of Big Bear Lake $75,000
City of Blythe $75,000
City of Brawley $79,409
City of Brea $132,861
Applicant Award Amount
City of Brentwood $175,139
City of Brisbane $75,000
City of Buellton $75,000
City of Buena Park $224,342
City of Burbank $278,760
City of Burlingame $86,133
City of Calabasas $75,000
City of Calexico $108,298
City of Calimesa $75,000
City of Camarillo $187,556
City of Canyon Lake $75,000
City of Capitola $75,000
City of Carlsbad $304,687
City of Carpinteria $75,000
City of Cathedral City $141,273
City of Ceres $131,683
City of Chico $286,162
City of Chino $249,249
City of Chino Hills $207,619
City of Chula Vista $719,552
City of Citrus Heights $230,349
City of Claremont $103,281
City of Clayton $75,000
City of Clovis $330,511
City of Coachella $118,046
City of Coalinga $75,000
City of Colfax $75,000
City of Colton $145,729
City of Compton $250,756
City of Concord $324,170
City of Corcoran $75,000
City of Corona $414,610
City of Coronado $75,000
City of Costa Mesa $295,972
City of Culver City $110,849
City of Cupertino $161,264
City of Cypress $137,092
City of Daly City $270,827
City of Davis $174,062
City of Del Mar $75,000
City of Delano $142,034
City of Desert Hot Springs $92,533
City of Diamond Bar $146,317
City of Dinuba $75,000
City of Dixon $75,000
Applicant Award Amount
City of Dos Palos $75,000
City of Downey $296,174
City of Dublin $193,876
City of East Palo Alto $82,120
City of Eastvale $188,087
City of El Cajon $278,977
City of El Centro $123,181
City of El Cerrito $75,000
City of El Monte $283,529
City of El Segundo $75,000
City of Elk Grove $466,392
City of Emeryville $75,000
City of Encinitas $166,263
City of Escalon $75,000
City of Escondido $395,953
City of Eureka $75,785
City of Fairfield $317,573
City of Ferndale $75,000
City of Fillmore $75,000
City of Folsom $229,471
City of Fontana $561,790
City of Fort Bragg $75,000
City of Fortuna $75,000
City of Foster City $92,779
City of Fountain Valley $155,653
City of Fremont $602,222
City of Fresno $1,415,099
City of Fullerton $378,021
City of Galt $75,000
City of Garden Grove $451,318
City of Gardena $162,960
City of Glendale $503,362
City of Goleta $92,104
City of Grass Valley $75,000
City of Gustine $75,000
City of Half Moon Bay $75,000
City of Hawaiian Gardens $75,000
City of Hawthorne $229,999
City of Hayward $421,847
City of Hemet $240,915
City of Hermosa Beach $75,000
City of Hesperia $267,124
City of Hidden Hills $75,000
City of Highland $153,056
City of Holtville $75,000
Applicant Award Amount
City of Hughson $75,000
City of Huntington Beach $514,832
City of Huntington Park $146,058
City of Imperial $75,000
City of Imperial Beach $75,072
City of Indio $243,294
City of Industry $75,000
City of Inglewood $283,195
City of Irvine $792,738
City of Jurupa Valley $279,920
City of Kerman $75,000
City of Kingsburg $75,000
City of La Habra $168,205
City of La Mesa $164,536
City of La Puente $104,826
City of La Quinta $106,439
City of La Verne $91,104
City of Laguna Beach $75,000
City of Laguna Hills $87,140
City of Laguna Niguel $175,628
City of Laguna Woods $75,000
City of Lake Elsinore $194,453
City of Lake Forest $233,689
City of Lakewood $215,635
City of Lancaster $456,996
City of Lathrop $98,934
City of Lawndale $88,065
City of Lemon Grove $79,101
City of Lemoore $77,001
City of Lincoln $143,552
City of Livermore $227,646
City of Livingston $75,000
City of Lodi $179,747
City of Lomita $75,000
City of Lompoc $120,716
City of Long Beach $1,194,492
City of Los Alamitos $75,000
City of Los Altos $88,425
City of Los Angeles $9,758,951
City of Lynwood $179,579
City of Malibu $75,000
City of Manhattan Beach $96,873
City of Martinez $102,722
City of Maywood $75,000
City of Menifee $292,997
Applicant Award Amount
City of Menlo Park $92,197
City of Millbrae $75,000
City of Milpitas $217,999
City of Mission Viejo $245,907
City of Modesto $569,930
City of Montclair $105,184
City of Montebello $167,713
City of Monterey Park $161,611
City of Moorpark $99,117
City of Moreno Valley $547,390
City of Morgan Hill • City of Gilroy
$290,583
City of Mountain View $224,560
City of Murrieta $292,904
City of Napa $207,005
City of National City $165,976
City of Newark $130,984
City of Norco $75,000
City of Norwalk $270,003
City of Oakdale $75,000
City of Oakland $1,094,382
City of Oakley $124,605
City of Oceanside $451,008
City of Ojai $75,000
City of Ontario $476,003
City of Orange $368,156
City of Orange Cove $75,000
City of Oroville $75,000
City of Oxnard $519,396
City of Pacifica $104,117
City of Palm Desert $139,155
City of Palm Springs $122,267
City of Palmdale $437,684
City of Palo Alto $182,321
City of Palos Verdes Estates $75,000
City of Paramount $143,202
City of Pasadena $362,784
City of Patterson $75,000
City of Pico Rivera $165,978
City of Pinole $75,000
City of Pittsburg $201,796
City of Placentia $144,054
City of Placerville $75,000
City of Pleasant Hill $94,576
City of Pleasanton $206,068
Applicant Award Amount
City of Point Arena $75,000
City of Porterville $170,155
City of Poway $133,635
City of Rancho Cordova $218,128
City of Rancho Cucamonga $457,434
City of Rancho Mirage $75,000
City of Rancho Palos Verdes $114,339
City of Rancho Santa Margarita $129,967
City of Redding $247,509
City of Redlands $194,451
City of Redondo Beach $185,221
City of Redwood City $219,107
City of Reedley $75,000
City of Rialto $274,747
City of Richmond $302,018
City of Ridgecrest $80,305
City of Rio Dell $75,000
City of Rio Vista $75,000
City of Ripon $75,000
City of Riverbank $75,000
City of Riverside $820,247
City of Rocklin $192,398
City of Rolling Hills $75,000
City of Rolling Hills Estates $75,000
City of Roseville $404,054
City of Sacramento $1,349,680
City of San Bruno $116,990
City of San Buenaventura $286,025
City of San Carlos $84,476
City of San Diego $3,551,023
City of San Dimas $96,342
City of San Fernando $75,000
City of San Gabriel $107,700
City of San Jacinto $148,186
City of San Jose $2,491,720
City of San Juan Capistrano $98,957
City of San Leandro $234,647
City of San Marcos $252,856
City of San Mateo $275,609
City of San Pablo $89,149
City of San Ramon $222,667
City of Sanger $76,049
City of Santa Ana $783,881
City of Santa Barbara $229,264
City of Santa Clara $351,102
Applicant Award Amount
City of Santa Cruz $171,801
City of Santa Fe Springs $75,000
City of Santa Maria $291,555
City of Santa Monica $245,580
City of Santa Paula $89,465
City of Santee $161,453
City of Scotts Valley $75,000
City of Seal Beach $75,000
City of Selma $75,000
City of Shafter $75,000
City of Solana Beach $75,000
City of South Gate $247,931
City of South Lake Tahoe $75,000
City of South San Francisco $174,647
City of Stanton $109,300
City of Stockton $835,924
City of Suisun City $81,822
City of Sunnyvale $412,829
City of Taft $75,000
City of Tehachapi $75,000
City of Temecula $290,059
City of Thousand Oaks $326,482
City of Torrance $378,497
City of Tracy $255,665
City of Trinidad $75,000
City of Tulare $188,509
City of Turlock $191,561
City of Tustin $214,092
City of Twentynine Palms $75,241
City of Union City $180,941
City of Upland $211,031
City of Vacaville $269,105
City of Vallejo $323,093
City of Vernon $75,000
City of Victorville $363,315
City of Villa Park $75,000
City of Visalia $378,430
City of Vista $266,591
City of Wasco $77,035
City of Watsonville $137,242
City of West Sacramento $148,404
City of Westlake Village $75,000
City of Westminster $242,417
City of Whittier $234,113
City of Wildomar $102,186
Applicant Award Amount
City of Willits $75,000
City of Winters $75,000
City of Woodlake $75,000
City of Woodland $163,146
City of Yorba Linda $181,754
City of Yucaipa $147,896
Contra Costa County $459,414
Costa Mesa Sanitary District $315,341
Del Norte Solid Waste Management Authority
• City of Crescent City
• Del Norte County
$150,000
El Dorado County $416,857
El Dorado Hills Community Services District $126,168
Fresno County $419,377
Garden Grove Sanitary District $455,122
Heber Public Utility District $75,000
Helendale Community Service District $75,000
Home Garden Community Services District $75,000
Humboldt County $191,655
Imperial County $95,705
Kensington Police Protection and Community Services
District
$75,000
Kern County $793,965
Kings County $87,593
Lake County $125,832
Los Angeles County $2,592,030
Madera County $199,091
Marin City Community Services District $75,000
Marin County Hazardous and Solid Waste Management Joint Powers Authority
• City of Belvedere
• City of Larkspur
• City of Mill Valley
• City of Novato
• City of San Rafael
• City of Sausalito
• Marin County
• Town of Corte Madera
• Town of Fairfax
• Town of Ross
• Town of San Anselmo
• Town of Tiburon
$1,157,867
Applicant Award Amount
Mariposa County $75,000
Mendocino County $165,846
Merced County $242,717
Midway City Sanitary District $274,786
Modoc County $75,000
Montara Water & Sanitary District $75,000
Monterey County $277,986
Monterey Regional Waste Management District (dba ReGen
Monterey)
• City of Carmel-by-the-Sea
• City of Del Rey Oaks
• City of Marina
• City of Monterey
• City of Pacific Grove
• City of Sand City
• City of Seaside
• Pebble Beach Community Services District
$612,849
Mountain House Community Service District $75,000
Nevada County $182,132
Novato Sanitary District $163,454
Orange County $350,165
Oro Loma Sanitary District $357,637
Phelan Pinon Hills Community Services District $75,360
Placer County $297,821
Plumas County $75,000
Rancho Murieta Community Services District $75,000
Regional Waste Management Authority
• City of Live Oak
• City of Marysville
• City of Wheatland
• City of Yuba City
• Sutter County
• Yuba County
$667,656
Riverside County $1,048,132
Rodeo Sanitary District $75,000
Sacramento County $1,557,735
Salinas Valley Solid Waste Authority
• City of Gonzales
• City of Greenfield
• City of King City
• City of Salinas
• City of Soledad
$722,025
Applicant Award Amount
San Benito County Integrated Waste Management Regional
Agency
• City of Hollister
• City of San Juan Bautista
• San Benito County
$269,157
San Bernardino County $778,319
San Diego County $1,328,221
San Gabriel Valley Council of Governments
• City of Arcadia
• City of Azusa
• City of Baldwin Park
• City of Covina
• City of Duarte
• City of Glendora
• City of Irwindale
• City of La Canada Flintridge
• City of Monrovia
• City of Pomona
• City of Rosemead
• City of San Marino
• City of Sierra Madre
• City of South El Monte
• City of South Pasadena
• City of Temple City
• City of Walnut
• City of West Covina
$2,314,899
$2,389,899
San Joaquin County $416,125
San Luis Obispo County $321,734
San Luis Obispo County Integrated Waste Management
Authority
• Avila Beach Community Services District
• California Valley Community Service District
• Cambria Community Services District
• Cayucos Sanitary District
• City of Arroyo Grande
• City of Atascadero
• City of Grover Beach
• City of Morro Bay
• City of Paso Robles
• City of Pismo Beach
• City of San Luis Obispo
• Heritage Ranch Community Service District
• Los Osos Community Services District
• Nipomo Community Service District
$1,430,723
Applicant Award Amount
• Oceano Community Service District • San Miguel Community Services District • San Simeon Community Services District • Templeton Community Service District San Mateo County $165,976
Santa Barbara County $365,114
Santa Clara County $245,397
Santa Cruz County $338,133
Santa Lucia Community Services District $75,000
Shasta County • City of Anderson • City of Shasta Lake
$328,282
Siskiyou County • City of Dorris • City of Dunsmuir • City of Etna • City of Fort Jones • City of Montague • City of Mount Shasta • City of Tulelake • City of Weed • City of Yreka $750,000
Solano County $75,000
Sonoma County Waste Management Agency • City of Cloverdale • City of Cotati • City of Healdsburg • City of Petaluma • City of Rohnert Park • City of Santa Rosa • City of Sebastopol • City of Sonoma • Sonoma County • Town of Windsor $1,537,564
Stanislaus County $292,184
Tamalpais Community Services District • Almonte Sanitary District • Alto Sanitary District • Bolinas Community Public Utility District • Homestead Valley Sanitary District • Las Gallinas Valley Sanitary District • Strawberry Recreation District $535,781
Applicant Award Amount
Tehama County Solid Waste Management Agency
• City of Corning
• City of Red Bluff
• City of Tehama
• Tehama County
$340,333
Town of Apple Valley $202,280
Town of Atherton $75,000
Town of Colma $75,000
Town of Hillsborough $75,000
Town of Loomis $75,000
Town of Mammoth Lakes $75,000
Town of Paradise $75,000
Town of Portola Valley $75,000
Town of Truckee $75,000
Town of Woodside $75,000
Town of Yucca Valley $75,000
Tulare County $354,476
Tuolumne County
• City of Sonora
$211,328
Upper Valley Waste Management Agency
• City of Calistoga
• City of St Helena
• Napa County
• Town of Yountville
$300,000
Ventura County $246,469
West Contra Costa Integrated Waste Management Authority • City of Hercules
$76,194
West Valley Solid Waste Management Authority
• City of Campbell
• City of Monte Sereno
• City of Saratoga
• Town of Los Gatos
$374,757
Yolo County $99,195
Total Award $109,515,543
$109,590,543
Revisions were made to the RFA because one of the participating jurisdictions was not able to resolve the outstanding debt issue in time and were subsequently removed from the grant award.

Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the grant awards for the SB 1383 Local Assistance Grant Program as listed in Table 2. Each proposed grantee’s award is subject to three conditions:

1. The recommended grantee must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.

2. The recommended grantee is responsible for submitting all outstanding documents required by CalRecycle during the application process, as well as those identified in the Application Guidelines and Instructions, prior to the release of funding.

3. The recommended grantee must have a valid Resolution in place within 60 days of the date of the award email.

Signed By: Karen Kayfetz, Acting Deputy Director May 30, 2024 Karen Kayfetz Dated
Acting Deputy Director
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 7.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Accept the Shade Structure Replacement at Eucalyptus Park, Project 364

RECOMMENDATION

1. Accept the Shade Structure Replacement at Eucalyptus Park, Project 364, in the amount of $79,279 and approve the final payment of $3,963.95 to R.E. Schultz Construction, Inc., and

2. Authorize the City Engineer to file a Notice of Completion with the County Recorder.

DISCUSSION
City Council awarded a contract to R.E. Schultz Construction, Inc., in October 2023, to install shade sails at Eucalyptus Park. The project replaced the existing wooden shade structure with a new 20-foot by 20-foot fabric shade shelter. Public Works demolished and removed the existing wooden structure and also inspected the project. Work began in May and took three weeks to complete.

Public Works will release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period.

BUDGET IMPACT
The original estimated cost of construction was $83,410, final project costs total $79,279, and sufficient amounts are included in the Recreation and Park District's General Fund budget.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Cost Table

PROJECT COST TABLE
Item Description
Original
Amount
Actual
Expenditures Difference
Construction
Construction $ 72,610.00 72,610.00 $ - $
Construction Contingency $ 6,669.00 10,800.00 $ 4,131.00 $ Sub-total Construction 83,410.00 $ 79,279.00 $ 4,131.00 $ Total Project $ 79,279.00 83,410.00 $ 4,131.00 $
* Includes a change order for unforseen site conditions Eucalyptus Park Shade Structure Replacement
Project 364
*
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 8.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve the Measure M2 Program Eligibility Submittal Package for Fiscal Year 2024-25

RECOMMENDATION
Approve the Measure M2 program eligibility submittal package for Fiscal Year 2024-25.

DISCUSSION
Each year, the Orange County Transportation Authority (OCTA) requires cities to submit documentation on transportation related programs. In addition to the annual submittals, cities must submit a citywide pavement management program every two years (next submittal in 2025) and an updated local signal synchronization plan every three years (next submittal in 2026).

This year, the City will provide OCTA the following:

Measure M2 Eligibility Checklist for FY 2024-25
The Measure M2 7-Year Capital Improvement Program which includes all projects between FY 2024-25 and FY 2030-31 scheduled to be funded partially or wholly by Measure M2 dollars
Approved Maintenance of Effort (MOE) Certification Form for FY 2024-25 The submittal of the Measure M2 eligibility package will satisfy all OCTA requirements and re-qualify the City for ongoing participation in the Measure M2 program.

BUDGET IMPACT
The recommended action will allow the City to remain eligible to receive revenues through the Measure M2 program for use on qualifying street projects.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Eligibility Package
Orange County Transportation Authority
Measure M2 Program Eligibility Components
The Orange County Transportation Authority (OCTA) requires cities to annually submit documentation regarding its transportation related programs. In order to remain eligible for Measure M2 sales tax revenue, the City is submitting the following documents:

Measure M2 Eligibility Checklist:

The Measure M2 Program requires the City’s annual eligibility application to include a checklist that is used by OCTA Staff and the Taxpayers Oversight Committee to determine compliance with program requirements. The checklist demonstrates that the City is in compliance with the program.

M2 7-Year Capital Improvement Program:

Attached are capital projects utilizing Measure M2 funds scheduled for construction during the seven (7) year period. The project sheets include budget and schedule details for reconstruction and paving projects, intersection improvements, parkway improvements, and traffic signal projects funded fully, or in part, by Measure M2 Funds.

Maintenance of Effort (MOE):

The Measure M2 program requires the City to support the ongoing “maintenance of effort” requirement by ensuring that City funds continue to be allocated towards street maintenance and repairs as well as other transportation-related projects. Measure M2 funds are designed to supplement, not replace, existing local funding sources for transportation projects. The City’s required MOE is based upon a historic benchmark of General Fund expenditures towards road maintenance and transportation projects in the City.

APPENDIX D
Eligibility Checklist
Capital Improvement Program (CIP) YES NO

1. Did you submit your draft or adopted M2 seven-year CIP to OCTA by June 28? ☒ ☐ a. Did you utilize the required OCTA OCFundtracker CIP database? ☒ ☐ b. Have you included projects required to demonstrate compliance with signal synchronization, pavement maintenance, the Congestion Management Program, and environmental clean-up commitments?
☒ ☐
c. Are there any non-transportation related projects included in your M2 CIP? (Note:

Projects funded through ECP are considered transportation-related) ☐ ☒
d. Did you include all projects that are partially, fully, or potentially funded by M2 Net Revenues?
☒ ☐
e. The City Council/Board of Supervisors approval date* to adopt the final 7-Year CIP is: 6/24/2022 *Must be prior to July 31 Maintenance of Effort (MOE) YES NO

2. Did you submit the MOE certification form (Appendix I) to OCTA by June 30? ☒ ☐ a. Did you provide supporting budget documentation? ☒ ☐ b. Has the MOE Reporting form been signed by the Finance Director or appropriate designee?
☒ ☐
Pavement Management Plan (PMP) YES NO

3. Are you required to submit a PMP update to OCTA for this eligibility cycle? Refer to Exhibit 3 for PMP submittal schedule.
☐ ☒
a. If yes, did you use the current PMP Submittal Template (Appendix F)? ☐ ☐ b. If yes, is the adopted PMP consistent with the OCTA Countywide Pavement Management Plan?
☐ ☐

4. If you answered “No” to question 3, did you submit a PMP Update to OCTA through the previous eligibility cycle by June 30?
☒ ☐
Resolution of Master Plan of Arterial Highways (MPAH) Consistency YES NO

5. Did you submit a resolution indicating conformance with the MPAH? N/A N/A a. Have you enclosed an exhibit showing roadway designations that represent your most current circulation element?

N/A N/A
Local Signal Synchronization Plan (LSSP) YES NO

6. Did you submit an update to the LSSP as part of the current cycle? N/A N/A a. Is your LSSP consistent with the Regional Traffic Signal Synchronization Master Plan?

N/A N/A
Jurisdiction: City of Cypress

APPENDIX D
Eligibility Checklist
Time Limits for Use of Net Revenues YES NO

7. Has your jurisdiction complied with the three-year time limit for the use of Net Revenues over the last year per the requirements outlined in the Ordinance? ☒ ☐
a. If no, has a time extension been requested through the semi-annual review process for funds subject to expiration?
☐ ☐
Supplanting of Developer Commitments YES NO

8. Has your jurisdiction ensured they have not supplanted developer commitments for transportation projects and funding with M2 funds?
☒ ☐
Mitigation Fee Program (MFP) YES NO

9. Does your jurisdiction currently have a defined development impact MFP in place? ☒ ☐

10. Has an update to the MFP occurred since the last reporting period? ☐ ☒

11. If yes to 10, has your jurisdiction submitted one or more of the supporting documents outlined in chapter 2.7 of the Eligibility Guidelines?
☐ ☒
Planning Strategies YES NO

12. Does your jurisdiction consider as part of its General Plan, land use planning strategies that accommodate transit and non-motorized transportation? ☒ ☐

13. Have you provided a letter identifying land use planning strategies that accommodate transit and non-motorized transportation consideration in the General Plan? ☒ ☐
Traffic Forums YES NO

14. Did representatives of your jurisdiction participate in the regional traffic forum(s)? ☒ ☐ a. If you answered yes, provide date(s) of attendance: 2 / 6 / 2 4 Congestion Management Program (CMP) YES NO

15. Has your jurisdiction completed the required CMP checklist? (Appendix C) N/A N/A Nick Mangkalakiri
Name (Print) Signature Date
6/6/2024

Orange County Transportation Authority
FY 2024/25 - FY 2030/31 Capital Improvement Program
TIP ID CP-12416 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Accessible Pedestrian Signals
Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment Replacement of accessible pedestrian push buttons with audible and vibrotactile APS Limits
Various Locations
Project Notes
Other- Local Street Lighting Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $250,000 $0 $250,000 $257,500
2026 Other $0 $0 $250,000 $0 $250,000 $265,225
Totals: $0 $0 $500,000 $0 $500,000 $522,725
Last Revised: 24-00 - Submitted Total Programmed: $500,000 TIP ID CP-12412 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Arterial Street Rehabilitation
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Streets selected will be based on visual inspection and the City's Pavement Management Program Limits
Various locations
Project Notes
Other- Infrastructure reserve

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Local Streets and Roads apportionments $0 $0 $1,650,000 $0 $1,650,000 $1,699,500 2025 Measure M2 Local Fairshare $0 $0 $1,450,000 $0 $1,450,000 $1,493,500 2026 Local Streets and Roads apportionments $0 $0 $1,250,000 $0 $1,250,000 $1,326,125 2026 Measure M2 Local Fairshare $0 $0 $1,150,000 $0 $1,150,000 $1,220,035 2027 Local Streets and Roads apportionments $0 $0 $1,425,000 $0 $1,425,000 $1,557,136 2027 Measure M2 Local Fairshare $0 $0 $1,175,000 $0 $1,175,000 $1,283,954 2028 Other $0 $0 $100,000 $0 $100,000 $112,551
2028 Local Streets and Roads apportionments $0 $0 $1,350,000 $0 $1,350,000 $1,519,437 2028 Measure M2 Local Fairshare $0 $0 $1,150,000 $0 $1,150,000 $1,294,335 2029 Local Streets and Roads apportionments $0 $0 $1,550,000 $0 $1,550,000 $1,796,875 2029 Other $0 $0 $100,000 $0 $100,000 $115,927
2029 Measure M2 Local Fairshare $0 $0 $1,250,000 $0 $1,250,000 $1,449,093 2030 Local Streets and Roads apportionments $0 $0 $1,875,000 $0 $1,875,000 $2,238,848 2030 Measure M2 Local Fairshare $0 $0 $1,275,000 $0 $1,275,000 $1,522,417 2030 Other $0 $0 $100,000 $0 $100,000 $119,405
2031 Other $0 $0 $100,000 $0 $100,000 $122,987
2031 Measure M2 Local Fairshare $0 $0 $1,325,000 $0 $1,325,000 $1,629,583 2031 Local Streets and Roads apportionments $0 $0 $1,525,000 $0 $1,525,000 $1,875,558 Totals: $0 $0 $19,800,000 $0 $19,800,000 $22,377,266
Last Revised: 24-00 - Submitted Total Programmed: $19,800,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 1/8 TIP ID CP-12417 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: City Street Light LED Conversion Type of Work: Safety Project Description
Type of Work Description: Safety - Improve lighting of roadway Replace City-owned street light at various locations Limits
various locations City-wide
Project Notes
Other- Local Street Lighting Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $350,000 $0 $350,000 $360,500
Totals: $0 $0 $350,000 $0 $350,000 $360,500
Last Revised: 24-00 - Submitted Total Programmed: $350,000 TIP ID CP-12422 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Concrete Rehabilitation (City Wide) Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - Reconstruction or rehabilitation of sidewalk Concrete Rehabilitation (City Wide) Limits
Various Locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $250,000 $0 $250,000 $257,500
2025 Gas Tax $0 $0 $300,000 $0 $300,000 $309,000
2026 Gas Tax $0 $0 $300,000 $0 $300,000 $318,270
2026 General Fund $0 $0 $250,000 $0 $250,000 $265,225
2027 Gas Tax $0 $0 $300,000 $0 $300,000 $327,818
2027 General Fund $0 $0 $250,000 $0 $250,000 $273,182
2028 General Fund $0 $0 $250,000 $0 $250,000 $281,377
2028 Gas Tax $0 $0 $325,000 $0 $325,000 $365,790
2029 General Fund $0 $0 $250,000 $0 $250,000 $289,819
2029 Gas Tax $0 $0 $325,000 $0 $325,000 $376,764
2030 General Fund $0 $0 $250,000 $0 $250,000 $298,513
2030 Gas Tax $0 $0 $325,000 $0 $325,000 $388,067
2031 General Fund $0 $0 $250,000 $0 $250,000 $307,468
2031 Gas Tax $0 $0 $350,000 $0 $350,000 $430,456
Totals: $0 $0 $3,975,000 $0 $3,975,000 $4,489,249
Last Revised: 24-00 - Submitted Total Programmed: $3,975,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 2/8 TIP ID CP-12426 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: FY 14/15 ARS Installation Priority 1 Project Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental Cleanup - Automatic Retractable Screen and other debris screens or inserts
Install ARS devices at various locations throughout the City.

Limits
Various locations city-wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $0 $793 $793 $793
2025 Environmental Cleanup Program (ECP) - Tier 1 $0 $0 $0 $3,378 $3,378 $3,378 Totals: $0 $0 $0 $4,171 $4,171 $4,171
Last Revised: 24-00 - Submitted Total Programmed: $4,171 TIP ID CP-12428 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: FY 15/16 ARS Installation Priority Project No 2 Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental Cleanup - Automatic Retractable Screen and other debris screens or inserts
Install ARS devices at various locations throughout the City.

Limits
Various locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $0 $9,702 $9,702 $9,702
Totals: $0 $0 $0 $9,702 $9,702 $9,702
Last Revised: 24-00 - Submitted Total Programmed: $9,702 TIP ID CP-12430 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: FY 16/17 ARS Installation Priority Project No 3 Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental Cleanup - Automatic Retractable Screen and other debris screens or inserts
Install ARS devices at various locations throughout the City.

Limits
Various locations city-wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $0 $3,832 $3,832 $3,832
Totals: $0 $0 $0 $3,832 $3,832 $3,832
Last Revised: 24-00 - Submitted Total Programmed: $3,832 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 3/8 TIP ID CP-12434 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Irrigation Upgrades / Water Conservation Type of Work: Other Project Description
Type of Work Description: Other - Other Irrigation Upgrades / Water Conservation Limits
Various Locations
Project Notes
Irrigation Upgrades / Water Conservation

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $103,000 2026 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $106,090 2027 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $109,273 2028 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $112,551 2029 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $115,927 2030 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $119,405 2031 Measure M2 Local Fairshare $0 $0 $100,000 $0 $100,000 $122,987 Totals: $0 $0 $700,000 $0 $700,000 $789,233
Last Revised: 24-00 - Submitted Total Programmed: $700,000 TIP ID CP-12436 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Landscape Improvements Along Frontage Roads Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Landscaping of roadway Landscape Improvements Along Frontage Roads Limits
Various locations
Project Notes
Landscape Improvements Along Frontage Roads

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $270,000 $0 $270,000 $295,036
2030 Gas Tax $0 $0 $270,000 $0 $270,000 $322,394
Totals: $0 $0 $540,000 $0 $540,000 $617,430
Last Revised: 24-00 - Submitted Total Programmed: $540,000 TIP ID CP-12413 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Orange Avenue Resurfacing
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Rehabilitation of roadway
Rehabilitation of Orange Ave. from Denni St. to Moody St.

Limits
Orange Ave.- Denni St. to Moody St.

Project Notes
Other- OCATA Pavement Management Relief Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 State $0 $0 $200,000 $0 $200,000 $212,180
2026 Measure M2 Local Fairshare $0 $0 $700,000 $0 $700,000 $742,630 Totals: $0 $0 $900,000 $0 $900,000 $954,810
Last Revised: 24-00 - Submitted Total Programmed: $900,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 4/8 TIP ID CP-12415 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Residential Street Resurfacing
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Slurry seal of roadway
Streets selected will be based on visual inspection and the City's Pavement Management Program (PMP) Limits
Rehabilitation of City residential street per the City's PMP Project Notes
Other- Local infrastructure reserve

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $150,000 $0 $150,000 $154,500
2025 Gas Tax $0 $0 $550,000 $0 $550,000 $566,500
2025 General Fund $0 $0 $1,350,000 $0 $1,350,000 $1,390,500 2026 General Fund $0 $0 $800,000 $0 $800,000 $848,720
2026 Other $0 $0 $700,000 $0 $700,000 $742,630
2026 Gas Tax $0 $0 $400,000 $0 $400,000 $424,360
2027 General Fund $0 $0 $800,000 $0 $800,000 $874,182
2027 Gas Tax $0 $0 $800,000 $0 $800,000 $874,182
2027 Other $0 $0 $700,000 $0 $700,000 $764,909
2028 Gas Tax $0 $0 $400,000 $0 $400,000 $450,204
2028 Other $0 $0 $700,000 $0 $700,000 $787,856
2028 General Fund $0 $0 $800,000 $0 $800,000 $900,407
2029 Gas Tax $0 $0 $400,000 $0 $400,000 $463,710
2029 Other $0 $0 $700,000 $0 $700,000 $811,492
2029 General Fund $0 $0 $800,000 $0 $800,000 $927,419
2030 General Fund $0 $0 $800,000 $0 $800,000 $955,242
2030 Gas Tax $0 $0 $450,000 $0 $450,000 $537,324
2030 Other $0 $0 $700,000 $0 $700,000 $835,837
2031 General Fund $0 $0 $800,000 $0 $800,000 $983,899
2031 Other $0 $0 $700,000 $0 $700,000 $860,912
2031 Gas Tax $0 $0 $650,000 $0 $650,000 $799,418
Totals: $0 $0 $14,150,000 $0 $14,150,000 $15,954,203
Last Revised: 24-00 - Submitted Total Programmed: $14,150,000 TIP ID CP-12424 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Sorrento Landscaping Pilot Project Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Landscaping of roadway Improve planting material, modify irrigation, soil amend, and other items of work.

Limits
West side Moody St., from Ball Rd. to Orange Ave.

Project Notes
Other- Local Infrastructure Reserve Funds

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $20,000 $0 $20,000 $20,600
Totals: $0 $0 $20,000 $0 $20,000 $20,600
Last Revised: 24-00 - Submitted Total Programmed: $20,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 5/8 TIP ID CP-12423 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Street tree planting
Type of Work: Aesthetics Project Description
Type of Work Description: Aesthetics - Landscaping of roadway Street tree planting Limits
Various locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $100,000 $0 $100,000 $103,000
2026 Gas Tax $0 $0 $100,000 $0 $100,000 $106,090
2027 Gas Tax $0 $0 $100,000 $0 $100,000 $109,273
2028 Gas Tax $0 $0 $100,000 $0 $100,000 $112,551
2029 Gas Tax $0 $0 $100,000 $0 $100,000 $115,927
2030 Gas Tax $0 $0 $100,000 $0 $100,000 $119,405
2031 Gas Tax $0 $0 $100,000 $0 $100,000 $122,987
Totals: $0 $0 $700,000 $0 $700,000 $789,233
Last Revised: 24-00 - Submitted Total Programmed: $700,000 TIP ID CP-12420 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Traffic Signal / Striping Improvements at various locations Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment
Traffic Signal / Striping Improvements at various locations Limits
Various Locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $128,750 2026 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $132,612 2027 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $136,591 2028 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $140,689 2029 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $144,909 2030 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $149,257 2031 Measure M2 Local Fairshare $0 $0 $125,000 $0 $125,000 $153,734 Totals: $0 $0 $875,000 $0 $875,000 $986,542
Last Revised: 24-00 - Submitted Total Programmed: $875,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 6/8 TIP ID CP-12418 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Traffic Signal Timing
Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Coordinate signals within project limits Upgrade and/or adjust traffic signal timing Limits
City-wide
Project Notes
Other- Local Street Lighting Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $0 $75,000 $75,000 $75,000
2030 Other $0 $0 $0 $250,000 $250,000 $250,000
Totals: $0 $0 $0 $325,000 $325,000 $325,000
Last Revised: 24-00 - Submitted Total Programmed: $325,000 TIP ID CP-12437 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Upgrade Traffic Monitoring Camera Infrastructure Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment Upgrade Traffic Monitoring Camera Infrastructure Limits
Various Locations
Project Notes
Upgrade Traffic Monitoring Camera Infrastructure

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Fairshare $0 $0 $110,000 $0 $110,000 $113,300 2027 Measure M2 Local Fairshare $0 $0 $110,000 $0 $110,000 $120,200 2029 Measure M2 Local Fairshare $0 $0 $110,000 $0 $110,000 $127,520 2030 Measure M2 Local Fairshare $0 $0 $110,000 $0 $110,000 $131,346 Totals: $0 $0 $440,000 $0 $440,000 $492,366
Last Revised: 24-00 - Submitted Total Programmed: $440,000 TIP ID CP-12421 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Upgrade Traffic System Software and Components Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace and upgrade traffic signals and equipment
Upgrade Traffic System Software and Components
Limits
Various Locations
Project Notes
Other- Street Lighting Funds

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $1,700,000 $0 $1,700,000 $1,751,000
Totals: $0 $0 $1,700,000 $0 $1,700,000 $1,751,000
Last Revised: 24-00 - Submitted Total Programmed: $1,700,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 7/8 TIP ID CP-12438 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Upgrade/Provide Smart Adaptive Timing Controls Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Interconnect traffic signals to improve coordination and communications
Installation/integration of smart adaptive controls
Limits
Various locations
Project Notes
Other - Local Street Lighting Funds

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $75,000 $0 $75,000 $77,250
2026 Other $0 $0 $100,000 $0 $100,000 $106,090
2027 Other $0 $0 $250,000 $0 $250,000 $273,182
2028 Other $0 $0 $300,000 $0 $300,000 $337,653
2029 Other $0 $0 $300,000 $0 $300,000 $347,782
2030 Other $0 $0 $350,000 $0 $350,000 $417,918
2031 Other $0 $0 $350,000 $0 $350,000 $430,456
Totals: $0 $0 $1,725,000 $0 $1,725,000 $1,990,331
Last Revised: 24-00 - Submitted Total Programmed: $1,725,000 TIP ID CP-12439 IMPLEMENTING AGENCY Cypress, City of
Local Project Number: Project Title
Additional Project IDs: Vehicle Pre-Emption Device (Pandemic Recovery) Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Install new traffic signals and equipment
Vehicle Pre-Emption Device (Pandemic Recovery)
Limits
Various Locations
Project Notes
Vehicle Pre-Emption Device (Pandemic Recovery)

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 General Fund $0 $0 $100,000 $0 $100,000 $106,090
2027 General Fund $0 $0 $400,000 $0 $400,000 $437,091
Totals: $0 $0 $500,000 $0 $500,000 $543,181
Last Revised: 24-00 - Submitted Total Programmed: $500,000 6/6/24, 10:41 AM ocfundtracker.octa.net/CIP/report_project_listing https://ocfundtracker.octa.net/CIP/report_project_listing 8/8

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Contract Services Agreement and Task Order for On-Call Construction Management and Inspection Services

RECOMMENDATION

1. Approve contract services agreement for on-call construction management and inspection services with FCG Consultants, Inc., and

DISCUSSION
On-Call Contract
On-call contracts provide the City with the knowledge and flexibility to implement and deliver projects as necessary. The City currently has on-call contracts for several areas of expertise including sewer, storm drain, landscape architecture, traffic engineering, architectural design and environmental services.

In June 2022, the City Council approved on-call contracts for construction management and inspection services with AKM Consulting Engineers and Ardurra Inc. Due to recent turnover and a current shortage of available qualified staff from the existing on-call consultants, Public Works is seeking an additional firm to help fulfill the needs of the department.

In April, Public Works issued a Request for Qualifications (RFQ) for construction management and inspection services to 17 consultants and received responses from five firms. Based on the reviews of the Statement of Qualifications, FCG Consultants was ranked as the most qualified firm using a qualifications-based procedure. Public Works recommends awarding an on-call contract to supplement the two existing firms and maintain three on-call consultants until the end of the contract terms.

FCG Consultants is highly recommended by other public agencies throughout Southern California, and has provided similar services for the Orange County Transportation Authority, Caltrans, and the cities of Anaheim, Irvine, and Lake Forest.

To align with the other on-call contracts, the term of this contract is for an initial two years with an option for a one-year extension. Prior to starting any new service for a particular project, the firms will provide a scope of work, project schedule, and fee proposal for review and approval. For projects beyond the approval authority of the City Manager, a task order will be brought forward to the City Council for consideration and approval.

FY 2024-25 Task Order
The task order for FY 2024-25 will ensure Public Works adequately manages and inspects various construction activities during the fiscal year. The need for approximately 54 inspection hours is forecast per month for minor development projects and work related to encroachment permits such as checking traffic control, inspecting utility projects, and other miscellaneous work within the public street right-of-way. It is anticipated FCG will be the exclusive provider of these services during the upcoming year.

BUDGET IMPACT
The approval of any work associated with the on-call contract requires that sufficient amounts are available in the budget. For FY 2024-25, sufficient amounts are budgeted in the General Fund for the construction permit inspection services included in the recommended task order.

The City Council would need to approve amendments to the task order to authorize expenditures beyond $100,000 if the volume of construction management and inspection services exceeds anticipated levels in the fiscal year. All costs associated with these contract services are fully reimbursed to the City through the receipt of inspection and permit fee revenue collected for right-of-way construction activities.

LEGAL REVIEW
The City Attorney has reviewed and approved the contract as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Contract Agreement
Task Order
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AGREEMENT FOR CONSTRUCTION MANAGEMENT/

ENGINEERING SUPPORT/TESTING & INSPECTION SERVICES

BY AND BETWEEN THE CITY OF CYPRESS AND
FCG CONSULTANTS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _______ day of _______, 2024 by and between the City of Cypress, a California municipal corporation (“City”) and FCG CONSULTANTS, INC. a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Cypress’s Charter and Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 01004.0006/389802.1
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
01004.0006/389802.1
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1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to Fifteen percent (15%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (see Exhibit “C”) Dollars (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or 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 under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Public Works Director or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, 01004.0006/389802.1
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compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than 01004.0006/389802.1
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$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement.

During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.

In the event the Contractorsubcontracts any portion of the work in compliance with Section

4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance 01004.0006/389802.1
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of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”), including any electronic documents and materials, prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City in a format of the City’s choice upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor 01004.0006/389802.1
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shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District 01004.0006/389802.1
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Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party 01004.0006/389802.1
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.9 Attorney’s Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs 01004.0006/389802.1
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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City. 01004.0006/389802.1
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ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01004.0006/389802.1
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9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5.

Nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation, including but not limited to the Political Reform Act (Government Code Sections 81000, et seq.)
Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Cypress, a municipal corporation
____________________________________
Scott Minikus, Mayor
ATTEST:
____________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
____________________________________
Fred Galante, City Attorney
CONTRACTOR:
______________________________________
______________________________________
By:
___________________________________
Name:

Title:

By:
___________________________________
Name:

Title:

Address: ______________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 01004.0006/389802.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES

1. Contractor shall provide Professional Construction Management/Engineering Support/Testing and Inspection Services on an On-Call Task Order Not-to-Exceed basis, to the City of Cypress, including, but not limited to, the following specific services:
a. Construction Management – Construction management services required include, but shall not be limited to, the following: construction management, contract administration, pre-construction meetings, utility coordination, monitoring of construction schedules, shop drawing review, submittal review, public notification, public complaint resolution, traffic coordination, coordination with other City departments, other agency coordination, interpretation of PSE, quality assurance and quality control, analysis of changed conditions, development of corrective actions, negotiation of change orders, and other related services. b. Engineering Support – Engineering support services required include, but shall not be limited to, the following: architectural, engineering, surveying, estimating, constructability review, value engineering, computer-aided drafting, GIS support, pavement management support, engineering staffing support, permit assistance, federal, state and local grant applications preparation and administration, labor compliance services, database administration, review of “as-built” drawings, and other related services.
c. Testing and Inspection – Testing and inspection services include, but shall not be limited to, the following: construction inspection, quality assurance/quality control, GPS enabled site photography, field visits, pre-construction job walks, emergency and night inspections, material and laboratory testing, structural calculations geotechnical investigations, potholing, exploratory investigations, underground utility research, and other related services.

2. General Requirements for Scope of Services:
a. Letter of Authority – Prior to the issuance of any task orders under this Contract, Contractor shall submit a written letter identifying the key personnel authorized to initiate and submit proposals on the Contractor’s behalf. b. Task Orders – Prior to starting any work, Contractor shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and overall project estimate, to the Contract Officer for approval. Task Order shall include all rates and costs for any sub-contractor performing any work related to the subject Task Order.

No work shall begin until written approval from the Engineering Division has been received. Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Contractor.
c. Invoices – The Contractor shall submit invoice monthly and in no case shall invoice be submitted more than once per month. A copy of the accounts payable schedule 01004.0006/389802.1 A-2
is available from the Contract Officer. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, and percentage of dollars spent. The Contractor shall prepare invoices that show costs against each major milestone task.

The Contractor shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price.

If at any time the Contractor has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Contractor shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order.

The notice shall state the estimated amount of additional funds required to continue performance for the remainder of the Task Order. In no event is the Contractor authorized to exceed the Task Order “not to exceed price” without prior written approval from the City.
d. Computer Files - At the conclusion of each Task Order, or mutually agreed milestones, the Contractor shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Contractor shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Databases: Microsoft Access, GIS: ArcView, Drawings: Autocad. All final plans and digital files shall be submitted on a flashbased memory device or cloud base services.

The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.

The Contractor agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
e. Web-based Database – In addition to Contractor’s standard construction reporting procedures, Contractor shall utilize an online, web-based construction management platform, such as Procore or an approved equal, for all aspects of construction and project management, including but not limited to, preconstruction activities, project management, resource management, and financial management. Contractor shall submit copies of inspection daily reports on a daily basis. Inspection daily reports shall be submitted by 7:00 am the following calendar day. Additionally, Contractor shall track labor hours on a daily basis on this platform. Furthermore, daily photos of construction activities shall be uploaded on a daily basis by the Contractor to the platform.
f. Contractor’s Progress Invoice – The Contractor shall have quantity sheets which summarize the quantity, location, date, time, and quantity of each bid item installed 01004.0006/389802.1 A-3
and subsequently submitted for payment. Quantity sheets shall be checked against daily inspection reports for correctness. Separate quantity sheets shall be created for change order work. These quantity sheets shall be in addition to the measured field quantities record agreed upon in the field. Contractor is responsible for checking the progress invoice against the quantity sheets, daily reports, and measured field quantities records. Additionally, Contractor shall request prevailing wage reports from the construction contractor when the work is subject to prevailing wages. Contractor is responsible for checking each progress payment and ensuring compliance with current laws and regulations regarding prevailing wages. Prior to forwarding construction contractor’s invoices to the City, Contractor shall have the progress payment signed and dated certifying that he has checked the progress invoice for completeness and correctness and that the aforementioned tasks described herein this item have been completed. g. Resident Engineer/Assistant Resident Engineers – Resident Engineers shall be licensed, registered Civil engineers within the State of California. Assistant Registered Engineers need not be licensed, registered Civil engineers, however all work completed by Assistant Resident Engineers need to be reviewed and acknowledged as being completed under the responsibility and supervision of the Resident Engineer, who shall initial and date each work product of the Assistant Resident Engineer. Additionally, prior to the commencement of work for each task order a letter of responsibility shall be submitted to the City stating that the Assistant Resident Engineer will be performing work under the responsibility and supervision of the Resident Engineer.
h. Key Personnel – The Contractor shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Contractor shall secure prior written approval from the City for any change or reassignment of the key personnel, submitting written documentation of the new individual’s qualification.

The Contractor’s project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Contractor Agreement and Scope of Work. The Contractor shall be solely responsible for implementation of all Contractor’s services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.

All personnel shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Contractor’s personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
i. Safety and Identification – All Contractor personnel are required to wear ANSI 01004.0006/389802.1 A-4
Class 2 or ANSI Class 3 Safety Vests at ALL times. Vests shall be high visibility lime-green with reflective stripes and shall have an identifying logo and print on the back of the vest. When working in areas where there is a potential for injury to the head from falling objects, Contractor personnel shall wear Class A hard hats in accordance with ANSI Z89.1, which shall have an identifying logo and print on the front of the hard hat. Full-size proofs of the identifying logos and print shall be submitted to the City for approval.
j. Vehicle Identification – All Contractor personnel vehicles shall have a magnetic decal for automobiles posted on both sides of the automobile. The decal shall have the City of Cypress Public Works Logo, along with the words “Public Works Inspector”, printed on the decal. A proof shall be submitted to the City for approval prior to the production of the decal.
k. Unauthorized Work – Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Contractor. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof. l. Audits – The Contractor shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall be furnished to the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Contractor directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Contractor hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Contractor to which the disclosure of such cost information would have a detrimental effect on the Contractor’s business. The City shall notify the Contractor with the identity of any representative and the Contractor will have the right to verify that the representative is not a competitor prior to the audit. The Contractor shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
m. Contractor’s Interaction with the Media and the Public – The Contractor shall refer all inquiries from the news media to the City. If the Contractor receives a complaint from a citizen or the community, the Contractor shall inform the Contract Officer what action was taken to alleviate the situation.
n. Sub-Contractors – The City reserves the right of prior approval of all subContractors and retains the right to request the Contractor to terminate any sub- 01004.0006/389802.1 A-5
Contractor, for any reason deemed appropriate by the City, by so notifying the Contractor in writing. Should said notification be submitted to the Contractor, it shall terminate said sub-Contractor immediately.

The City shall have no liability to any sub-Contractor(s) for payment for services under this Contract or other work performed for Contractor. Any subcontract entered into by Contractor under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Contractor.
o. Direct Expenses – It is expected that the Contractor has extensive knowledge and experience performing this type of work. The Contractor shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as insurance, construction management software, copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Contractor’s hourly rates. Therefore, the Contractor shall receive no additional compensation beyond that which is detailed in their budget. Mileage charges shown in the Hourly Rates shall refer to only non-commuter travel. 01004.0006/389802.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.

Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
II. DELETE subsection 1.8 and REPLACE with the following:
“1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit “A,” or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council (“Task Order Contingency”); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
01004.0006/389802.1 B-2
II. DELETE subsection 2.1 and REPLACE with the following:
“2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit “A,” Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit “A” (“Contract Sum”).”
III. DELETE subsection 3-4 and REPLACE with the following:
“3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of one (1) extended term of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for one (1) extended term of one (1) additional year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged.

At the expiration of the term of this Agreement, if the City requires additional time for the Services to be performed, as confirmed by City to Contractor in writing, this Agreement shall be extended on a month-to-month basis. In such instance, in the absence of a written communication from City to Contractor to the contrary, the term of this Agreement shall be subject to termination upon thirty (30) days prior notice by either party. Such month-to-month extension shall not be deemed a renewal of the full term or an extension for any further term. City shall pay Contractor the applicable monthly Compensation or the pro-rata Compensation amount, and the month-to-month term shall be subject to every other term, covenant and condition in this Agreement that is consistent with and not contrary to a month-to-month term.”
IV. The title of Article 5 shall read as follows:
“INSURANCE, INDEMNIFICATION, AND BONDS”
V. Section 5.1(d) shall be amended to read as follows:
“Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The 01004.0006/389802.1 B-3
professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.”
VI. Section 5.5 shall be added as follows:
“Sufficiency of Insurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager.”
01004.0006/389802.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor’s fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit “C1”.

II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or the Director of Finance.

III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.

IV. An annual task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer. The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City’s approved budgetary amount.

V. Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer, on an annual basis.
01004.0006/389802.1 C-2
EXHIBIT “C-1”

HOURLY RATE SCHEDULE
City of Cypress On-Call Construction Management / Engineering Support / Testing and Inspection Services Job Title/Classification Hourly Rate Effective dates of hourly rate Project Manager*
$ 229.68
$ 234.27
$ 238.96
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Construction Manager / Resident Engineer*
$ 229.68
$ 234.27
$ 238.96
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Structures Representative*
$ 229.68
$ 234.27
$ 238.96
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Roadway Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Structures Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Facilities Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Permit Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Electrical Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
SWPPP Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Mechanical Inspector*
$ 149.29
$ 152.28
$ 155.32
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Public Outreach
$ 103.36
$ 105.42
$ 107.53
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Office Engineer
$ 103.36
$ 105.42
$ 107.53
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Scheduler*
$ 165.37
$ 168.68
$ 172.05
7/1/2024 - 6/30/2025
7/1/2025 - 6/30/2026
7/1/2026 - 6/30/2027
Notes:

Denote all employees subject to prevailing wage with an asterisks (*) Fees for Subconsultant Services: Billed at actual cost.

EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.

II. The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.

Task Order
On Call Contract Date 6/24/2024
Contract Approved
by Council Concurrent
Consultant FCG Consultants, Inc. (FCG)
Project
Construction Management/Engineering Support/Testing
& Inspection Services for FY24-25
Amount $100,000 Reimbursable Yes
Service
Construction Management/Engineering Support/Testing &
Inspection Services for FY24-25
Hourly Rates Rates as specified in the On-Call Contract.

Schedule As needed or assigned by Director.

Reviewed:

Director of Public Works
Approved by City Council on:

Notes

1. All Task Orders must be performed within the budgetary limits established by the Task Order.

2. Provide sufficient back up for hours charged, as required by the Director.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Task Order for Sewer System Management Plan Update and Audit

RECOMMENDATION
Approve a Task Order for the preparation of the Sewer System Management Plan update and audit to AKM Consulting Engineers for $119,184.

DISCUSSION
The Sewer System Management Plan (SSMP) is a comprehensive plan designed to minimize sanitary sewer spills through proper design, construction, maintenance, operation, and management of sewage collection systems. The SSMP was approved by City Council in 2009 and the City is required to complete a self-audit of the SSMP every three years (due February 2025) and a comprehensive update every five years (due August 2025). Failure to have an adequate, up-to-date plan could result in fines from the State.

AKM Consulting Engineers is the on-call consultant for sewer design services and has prepared the audits and updates for the past several years. The City negotiated the scope of work, fee, and project schedule for a task order with AKM, which includes a review of all relevant SSMP data and updates to ensure it complies with State mandates. The attached task order describes the scope, cost, and schedule and will be effective on July 1, 2024.

BUDGET IMPACT
There are sufficient budget amounts in the Sewer Fund for FY 2024-25 to pay for the SSMP update and audit.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Task Order
Water Resources
Infrastructure
Construction Management
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
Proposal 24-1053
May 30, 2024
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Attention: Mr. Nick Mangkalakiri, City Engineer
Subject: Proposal for Sewer System Management Plan Audit and Update Dear Mr. Mangkalakiri:

In response to your request, AKM Consulting Engineers is pleased to submit this proposal to conduct the 2024 Sewer System Management Plan Audit for City of Cypress (City) and assist with the 2025 Sewer System Management Plan Update.

AKM is proposing to provide a team of superbly qualified professionals to undertake this assignment. Ms. Diann Pay, P.E. will serve as project manager and be the responsible contract representative to the City. She has provided engineering service on multiple projects over her 28 year career. Supporting staff will include Mr. Jon Nitta, P.E. and Ms. Haly Hererra, P.E.

We appreciate the opportunity to submit this proposal and look forward to working with you on this important project. Should you have any questions or require additional information, please do not hesitate in contacting the undersigned or Mr. Zeki Kayiran.

Sincerely,
AKM Consulting Engineers
Diann Pay, P.E.

Principal Engineer
Proposal 24-1053 1
Section 1 - Background
The City of Cypress (City) provides sewer service to an area of about 6.7 square miles of residential, commercial, and industrial land. The sewage collected by City’s sewer collection system is conveyed to Orange County Sanitation District’s (OCSD) trunk sewers: The City of Cypress owns and operates a sewage collection system consisting of:
 538,700 feet (103.4 miles) of gravity sewers ranging in size from 6 inches to 21 inches  742 feet (0.14 miles) of 8-inch force main
 1 pump station
 2,344 manholes and cleanouts
Any state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems greater than one (1) mile in length is regulated by the Statewide Sanitary Sewer Systems General Order, which is issued by the State Water Resources Control Board (SWRCB).

On December 6, 2022, the SWRCB adopted WDR Order No. 2022-0103. This WDR Order supersedes the previous WDR Order for sanitary sewer systems. WDR Order No. 2022-0103 will become effective on June 5, 2023. It is stated in WDR Order No. 2022-0103 that all Enrollees shall comply with the requirements of the new order upon its effective date.

The City’s 3-Year Audit Period ends 8/2/24. The audit should therefore analyze the City’s sewer system program activities from 8/2/21 through 8/2/24. The next audit must be completed and uploaded to the CIWQS website by six months following the end of the required audit period or 2/2/25.

The City’s Sewer System Management Plan is required to be updated by 8/2/25.

Proposal 24-1053 2
Section 2 - Scope of Work for SSMP Audit
The scope of work for conducting the SSMP audit will include the following:
2-1 Data Collection and Review
With the City’s assistance, we will collect and review all documentation related to the Sewer System Management Plan (SSMP) program. Documentation will include:
a. Current SSMP report (AKM has a copy)
b. Sewer cleaning information for 8/2/21 through 8/2/24. i. Routine cleaning records
ii. Hotspot cleaning records
c. Records of other sewer system maintenance work, including but not limited to manhole inspections, root control, vermin control, etc. for 8/2/21 through 8/2/24. d. Sewer lift station operation and maintenance information e. CCTV inspection information (PACP Exchange database) f. Pipe rehabilitation and repair information
g. Capital Improvement Program list indicating projects completed, designed, in construction, and/or planned.
h. Sewer Design Standards and Criteria
i. Legal Authority for Sewer System
j. Spill Emergency Response Plan (AKM has a copy)
k. Fats, Oil and Grease Control Program information for 8/2/21 through 8/2/24 i. Food Service Establishment (FSE) inspection history for 8/2/21 through 8/2/24 ii. Grease Control Device inspection history
l. Sewer spill reports for 8/2/21 through 8/2/24
m. Sewer staff training records for 8/2/21 through 8/2/24 (training topics, dates, sign in sheets, etc)In n. Communication / Educational Materials
o. Previous SSMP Audit Information (AKM has a copies)WD Staff 2-2 Interview City Staff
We will interview City staff to discuss problems or concerns regarding the sewer system and staff recommendations for improvements to the SSMP. We will make sure to document what changes, if any, to the SSMP program have been made in recent years. The City will be asked to comment on what recommendations from the previous audit have been addressed since it was completed, if any. 2-3 Data Analysis and Report Preparation
We will review all data collected to evaluate each element of the SSMP document and evaluate whether or not the City’s sewer system management program is in compliance with the current Waste Discharge Requirements (WQ 2022-0103-DWQ) which became effective June 5, 2023 . We evaluate whether or not City’s goals are being met and identify if there are any areas of the program that can be improved.

Proposal 24-1053 3
We will prepare an audit report that will describe the evaluation of each element, verify compliance with the adopted SSMP, and provide recommendations for changes where necessary. The evaluations will be based on the effectiveness of each element in reducing the number of public spills. We will submit a draft report for the City’s review, and incorporate comments into a final audit document. The SSMP audit will be submitted to the City for review and approval with enough lead time to submit it to the State Water Resources Control Board (SWRCB) by February 2, 2025.

Section 3 – Scope of Work for SSMP Update
Following the completion of the SSMP Audit which will identify what portions of the existing SSMP requires updating, we will work with the City to update its Sewer System Management Plan document so that it is in compliance and/or describes the City’s compliance with the State Water Resources Control Board (SWRCB) Order WQ 2022-0103-DWQ (Order), Sanitary Sewer System Waste Discharge Requirements (WDR). We will update the SSMP document but certain recommendations made in the audit will require action by City staff. For example, changes to legal authority or operation and maintenance activity can be described in the document, but it will be up to City staff to ensure implementation and compliance with the Order.

The City will concurrently be completing a Sewer Master Plan update. Some of the scope of work of the Sewer Master Plan will assist in meeting the SSMP Update requirements. In these instances, the SSMP document will be updated to refer to the Sewer Master Plan work to describe how the requirements of the Order are met by the City. The scope of work for the SSMP Update will include the following:
3-1 Goals and Introduction
We will work with the City to review and update goals that can be utilized as measures of a successful sewer system and program. We will also include the required narrative introduction section that discusses:

1. Regulatory Context

2. Sewer System Management Plan Update Schedule

3. Sewer System Asset Overview
3-2 Organization
We will work with City staff to update the SSMP organization chart and table. Responsibilities and chain of communication will be confirmed. Chain of communication information from the 2023 SERP will be reviewed and incorporated into the SSMP document as needed. 3-3 Legal Authority
We will update the Legal Authority section as needed per the SSMP audit findings and discussions with City staff. If changes to actual legal authority documents (i.e. municipal code or ordinances) are needed, the City staff will have to work to make necessary changes and get them approved. 3-4 Operation and Maintenance Plan
We will update the Operation and Maintenance Program section as needed per the SSMP audit findings and discussions with City staff. Descriptions of the following will be expanded on:

1. Map of Sanitary Sewer System - The sewer system map and stormwater map will be updated with latest information.

Proposal 24-1053 4

2. Preventive Operation and Maintenance – We will confirm operation and maintenance activities with City staff.

3. Training – We will confirm training activities with City staff.

4. Equipment Inventory – We will work with the City to provide a list of major sewer system equipment inventory
3-5 Design and Performance Provisions
We will update the Design and Performance Provisions section as needed per the SSMP audit findings and discussions with City staff. It is not expected that the City’s current design drawings or criteria documents will need a lot of modifications as the City recently reviewed and updated the sewer criteria document as well as the sewer standard drawings. We will update the Design and Performance Provisions section and appendices of the SSMP as needed to refer to the current documents. 3-6 Spill Emergency Response Plan
The City updated its Spill Emergency Response Plan in June 2023 prior to the SWRCB deadline. It is not expected that this plan will need any modification. We will review the updated SERP and then update the Overflow Emergency Response Plan section of the SSMP document accordingly. The plan will be referred to as the Spill Emergency Response Plan in the updated SSMP document. 3-7 Sewage Pipe Blockage Control Program
We will update the current FOG Source Control Program section as needed per the SSMP audit findings and discussions with City staff. The program will be referred to as the Sewer Pipe Blockage Control Program in the updated SSMP document.
3-8 System Evaluation, Capacity Assurance, and Capital Improvements This section of the SSMP document will be updated to include a description of procedures and activities for:

1. System Evaluation and Condition Assessment
We will update the capacity assessment information with data from the updated sewer hydraulic model and capacity analysis completed for the Sewer Master Plan.

We will describe the past CCTV inspection work and the schedule planned for future CCTV inspections. Per the new Order, the City will develop a procedure for prioritizing condition assessments of sewer pipes that considers the following:
a. Areas with high level of environmental consequence
b. Areas in vicinity of surface waters
c. Areas with steep terrain
d. Areas with high groundwater
e. Environmentally sensitive areas
f. Areas in vicinity of water with bacterial-related impairment g. Areas vulnerable to direct and indirect impacts of climate change (sea level rise, flooding, erosion)
Proposal 24-1053 5
The system evaluation and condition assessment will be completed as a part of the City’s Sewer Master Plan update. We will describe the developed procedure and results in the SSMP document.

2. Capacity Assessment and Design Criteria
The performance evaluation criteria and hydraulic analysis results developed for the Sewer Master Plan update will be included in the SSMP report. The wet weather analysis and/or infiltration and inflow assessment will be added in or referred to in the SSMP report as required by the new Order.

3. Prioritization of Corrective Actions
A prioritization procedure for the City to follow in planning corrective actions, which must consider the severity of the consequence of potential spills, will be developed for the Sewer Master Plan update. The procedure will be described in the SSMP report.

4. Capital Improvement Plan
With the assistance of City staff, we will update the description of the sewer capital improvement projects. This must include project schedules, completion dates, and funding sources.

We will include a description of coordination between operation and maintenance staff, engineering staff, and consultants during planning, design, and construction of capital improvement projects; and interagency coordination with other impacted utility agencies.

Due to the fact that flow monitoring data is going to be collected through March of 2025 in an attempt to capture wet weather flow data, it is possible that the hydraulic model and analysis will not be completed in time for the City to report on the results in the SSMP document. If this happens, we will report on the status of the hydraulic model and analysis and describe the City’s timeline to complete the work. We will refer to the Sewer Master Plan project and contract as proof of the City’s full intention to comply with the Order. 3-9 Monitoring, Measurement and Program Modifications
We will update the Monitoring, Measurement and Program Modifications section to describe how the City will accomplish the following:

1. Maintain relevant information, including audit findings, to establish and prioritize appropriate SSMP activities

2. Monitor the implementation and measure the effectiveness of each SSMP activity

3. Assess the success of the preventive operation and maintenance activities

4. Update SSMP procedures and activities based on results of monitoring and performance evaluations

5. Identify and illustrate spill trends, including spill frequency, locations and estimated volumes 3-10 Internal Audits
We will update the Internal Audits section to refer to the completed audit and the schedule for the audits. 3-11 Communication Program
We will update the Communication Program section to describe in more detail how the City communicates with the public and owners/operators of systems that connect to the City’s sewer system about spills and the SSMP.

Proposal 24-1053 6
Section 4 - Project Fee and Schedule
The project fee is estimated as shown in Table 1. The SSMP Audit will be completed prior to the required submittal date 2/2/25. The SSMP Update will be completed by the end of June 2025 so the City staff can take it to the City Council for approval prior to the due date 8/2/25.

Proposal 24-1053 7
Table 1
Project Fee
Hrly Rate: $253 Hrly Rate: $246 Hrly Rate: $215 Hrly Rate: $167 Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount SSMP Audit
1 SSMP Audit Data Collection and Review 2 $506 8 $1,968 32 $6,880 $0 42 $9,354 2 Interview Operations Staff 2 $506 8 $1,968 8 $1,720 $0 18 $4,194 3 Data Analysis and Report Preparation 4 $1,012 40 $9,840 120 $25,800 $0 164 $36,652 Subtotal 8 56 160 0 Subtotal $50,200
SSMP Update
1 Sewer System Management Plan Goal and Introduction 2 $506 8 $1,968 16 $3,440 $0 26 $5,914 2 Organization 2 $506 4 $1,012 8 $2,024 $0 14 $3,542
3 Legal Authority 2 $506 4 $1,012 8 $2,024 $0 14 $3,542 4 Operation and Maintenance Program 4 $1,012 16 $4,048 24 $6,072 $0 44 $11,132 5 Design and Performance Provisions 2 $506 2 $506 4 $1,012 $0 8 $2,024 6 Spill Emergency Response Plan 2 $506 2 $506 4 $1,012 $0 8 $2,024 7 Sewer Pipe Blockage Control Program 4 $1,012 16 $4,048 24 $6,072 $0 44 $11,132 8 System Evaluation, Capacity Assurance, and Capital
Improvements 4 $1,012 16 $4,048 32 $8,096 $0 52 $13,156 9 Monitoring, Measurement and Program Modifications 4 $1,012 16 $4,048 32 $8,096 $0 52 $13,156 10 Internal Audits $0 2 $506 4 $1,012 $0 6 $1,518
11 Communication Program $0 4 $984 4 $860 $0 8 $1,844
Subtotal 26 $6,578 90 $22,686 160 $39,720 $0 Subtotal $68,984 $119,184
Principal/ QA/QC Associate Engineer
Total
Task Task Description
Project Manager Senior Engineer
Grand Total
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Task Order for City Traffic Engineer Services

RECOMMENDATION
Approve a Task Order for an amount not to exceed $163,000 to Linscott, Law & Greenspan Engineers (LLG) to provide FY 2024-25 City Traffic Engineer Services.

DISCUSSION
The City Council approved an on-call contract for City Traffic Engineer services with Linscott, Law & Greenspan Engineers (LLG) in July 2020. The on-call contract covers a period of up to five years and task orders are issued annually in conjunction with the budget based on estimated traffic engineering needs for the upcoming year. The LLG team has extensive experience and the consultant assigned to act as Cypress' City Traffic Engineer has been in this assignment since January 2019.

The attached task order to LLG will provide City Traffic Engineer services, advise the Traffic Commission, review capital and private development projects, and perform other tasks as assigned during FY 2024-25. The estimated annual cost of these services is $163,000.

BUDGET IMPACT
Sufficient amounts are budgeted in FY 2024-25 in the General Fund ($123,000) and for various capital projects ($40,000) for the services associated with this task order.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Task Order

Task Order
On Call Contract Date 7/13/2020
Contract Approved
by Council Yes
Consultant Linscott, Law & Greenspan Engineers (LLG)
Project City Traffic Engineering Services
Amount $163,000 Reimbursable No
Service City Traffic Engineering Services
Hourly Rates Rates as specified in the On-Call Contract.

Schedule As needed or assigned by Director.

Reviewed:

Director of Public Works
Approved by City Council on:

Notes

1. All Task Orders must be performed within the budgetary limits established by the Task Order.

2. Provide sufficient back up for hours charged, as required by the Director.

3. At the new fiscal year, a separate task order will be issued for City Traffic Engineering Services.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Plans and Specifications and Award Contract for Tree Planting, Project 358

RECOMMENDATION

1. Approve plans and specifications for the FY 2023-24 Tree Planting, Project 358; and

2. Award a contract to Master Landscape & Maintenance, Inc. for $61,309 and authorize a contingency of $9,200.

DISCUSSION
The Seven-Year Capital Improvement Program includes an annual project for tree planting at various locations. The street tree planting project replaces 90 street trees that were removed as part of the annual concrete program, were in declining health, fell due to wind, or are otherwise missing. Replacement trees are 24-inch box size and on the City's approved list.

Public Works recently solicited bids for the FY 2023-24 tree planting project. On June 12, Public Works received two bids for the project with Master Landscape & Maintenance, Inc. as the low bidder. A summary of the relevant project award information is attached. Tree planting is scheduled to start in July and be completed in August.

BUDGET IMPACT
Sufficient amounts are budgeted for the FY 2023-24 tree planting project in the City Capital Projects Fund.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Award Information and Bid Proposals
Tree Planting Map and Locations
Project Award Information Checklist
Description of Project:

The project scope will include the installation of approximately 90 – 24” box trees of varying species at various locations.

Contract Working Days: 30 working days
CIPlist.com, City Hall, Community
Center, and Police Department
Publication Days:

May 28, 2024 to June 12, 2024
Notice of Inviting Bids Sent to: CIPlist.com, City Hall, Community Center, and Police Department
Bid Opening Date: June 12, 2024
No. of Bid Packets Requested:

Bidders:
11 Amount

1. Master Landscape & Maintenance,
Inc., Westminster, CA
$61,309.00

2. West Coast Arborists, Inc.,
Anaheim, CA
$88,255.00
Apparent Low Bidder: Master Landscape & Maintenance, Inc., Anaheim, CA - $61,309.00
Qualified to Perform Work: Yes. Staff confirmed bid was responsive.

Contractor’s License: Registration with DIR
Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Subcontractor: N/A
Experience:

The apparent low bidder has performed this type of work for multiple government agencies in Southern California and completed the City’s Tree Planting Program Fiscal year 2023-2024, Project 358.

Construction
Management/Inspection Form: City Staff

Tree Planting Program Fiscal Year 2023
-2024 Master Tree Planting List
Project No. 345
Tree Planting Program Fiscal Year 2023-2024 Master Tree Planting List Project No. 345
Residential Trees
District Address Street Quantity
of Trees Selection Color Water
Bag
2 8331 Fontainbleau Wy 1 Purple Orchid
8 8821 Belmont 1 Crape Myrtle Pink
10 8641 Cypress Ave 1 Western Redbud
13 4044 Selkirk Ct 1 Western Redbud
13 9327 Somerset Ln 1 Crape Myrtle
13 9407 Somerset Ln 1 Crape Myrtle
13 4191 Sussex Cr 1 Australian Willow
14 9135 Gregory St 1 Queen Palm
14 9142 Julie Beth St 1 TBD
15 5144 Sequoia 1 Western Redbud
19 4194 Paseo De Plata 1 Queen Palm
19 4224 Via Norte 1 Western Redbud
21 5172 Canterbury 1 Eastern Redbud
"Forest Pansy"
21 5320 Cumberland Dr 2 Purple Orchid
21 5023 Oxford Dr 1 Queen Palm
23 6058 James Alan St 1 Queen Palm
23 9657 Kathleen Dr 1 Crape Myrtle Pink
25 10231 Aqueduct Dr. 1 Australian Willow
25 10427 Santa Clara Dr 1 Eastern Redbud
"Forest Pansy"
25 10446 Santa Marta St. 1 Western Redbud
26 10272 Julie Beth St 1 Yew Pine
27 10441 Mohawk 1 Crape Myrtle
28 5662 Belle Ave 1 Brisbane Box
28 5452 Cynthia 1 Crape Myrtle Lavender
35 6332 Ferne 1 Maidenhair
36 10502 Ritter 1 Marina Madrone
41 11472 Anegada St 1 TBD
41 6382 Cantiles Ave 1 Queen Palm
41 11344 Jamaica 1 Crape Myrtle Lavender
46 5565 Apia Dr 1 Queen Palm
46 11677 Guam Cr 1 Western Redbud
Tree Planting Program Fiscal Year 2023-2024 Master Tree Planting List Project No. 345
46 11606 Java St 1 Yew Pine
46 11513 Manila 1 Crape Myrtle
47 11541 Luzon 1 TBD
47 11687 Onyx 1 Queen Palm
47 6088 Pitcairn 1 Queen Palm
48 6691 Reefton Ave 1 Crape Myrtle
Tree Planting Program Fiscal Year 2023-2024 Master Tree Planting List Project No. 345
Arterial Trees
District Address Street Quantity
of Trees Selection Color WaterBag
32 Lexington Dr.

Lexington Dr., north of
Katella 14 Brisbane Box “Tristania” 14
15 Walker [Both Sides] Lincoln to Ball Rd 10 Australian Willow 10 14 Orange [Both Sides] Moody to Bloomfield 5 Crape Myrtle Any color 41 Valley View [Both Sides] At Orangewood 5 Eastern Redbud 5 16 Lincoln North Side Market Place 3 Crape Myrtle Any color 5 15 Moody [Center Median] Lincoln to Cerritos 15 Queen Palm 15 CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Contract Services Agreement for HVAC Maintenance and Repair Services

RECOMMENDATION
Approve a two-year contract to Control Air Enterprises, LLC for Heating, Ventilation, and Air Conditioning (HVAC) maintenance and repair services for $41,951 annually.

DISCUSSION
The City contracts HVAC maintenance and repair services at various City facilities, including City Hall, the Police Department, Community Center, Senior Center, Corporation Yard, and Library. These services include tri-annual inspections of the HVAC units, air filter replacement, and minor repairs that are necessary to keep the units operational. The existing two-year contract with Control Air Enterprises, LLC will expire on June 30, 2024.

In response to an open and competitive bid solicitation process, the City received two bids for HVAC maintenance and repair services. Control Air Enterprises, LLC, the City's HVAC contractor since 2020, is the low bidder and has performed this type of work for other local agencies such as Cerritos, Irvine, and the Los Angeles County Office of Education.

The reccommended contract will have a two-year term beginning July 1, 2024 with an annual cost not to exceed $41,951. The contract authorizes additional labor hours which act as a contingency to cover unanticipated matters. If additional labor and materials are necessary to maintain the system over and above the levels authorized in the contract, a separate bid process would be required.

BUDGET IMPACT
Sufficient funds are available in the FY 2024-25 City Central Services Fund to provide the level of maintenance services authorized in the contract.

LEGAL REVIEW
The City Attorney has approved the agreement as to form.

The City Attorney has approved the agreement as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Award Information and Bid Proposal
Contract Agreement
Project Award Information Checklist
Description of Project:

The project scope provides HVAC maintenance/repair services at City owned facilities.

Project Location: City Hall/Council Chambers, Police Department, Shooting Range, Community Center, Senior Center,
and Corporation Yard.

Contract Working Days: Two-year term to begin July 1, 2024 Notice Inviting Bids Sent to: CIPlist.com
Bid Opening Date: May 14, 2024
No. of Bid Packets Requested: 1
Bidders Amount

1. Control Air Enterprises, LLC, Anaheim, CA $41,951

2. AC Geeks., North Hollywood, CA $129,291
Apparent Low Bidder: Control Air Enterprises, LLC, Anaheim, CA – $41,951 Qualified to Perform Work: Yes. Staff confirmed bid was responsive.

Contractor’s License: Registration with DIR:

Valid at Time of Award: Yes Contractor: Yes
Valid at Time of Bid: Yes Sub-Contractor: N/A
Experience:

The apparent low bidder has performed this type of work for multiple government agencies in Southern California, including Cypress since 2020.

Control Air Enterprises, LLC

AC Geeks HVAC, Inc.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 14.

FROM: Douglas Dancs, Director of Public Works
DATE: 06/24/2024
SUBJECT: Approve Contract Services Agreements for Custodial Services

RECOMMENDATION

1. Approve a two-year contract for custodial services at City facilities to United Maintenance Systems for an annual amount of $103,380; and

2. Approve a two-year contract for custodial services at Recreation and Park facilities to United Maintenance Systems for an annual amount of $103,800; and

3. Approve a two-year contract for custodial services for Recreation and Park restrooms to United Maintenance Systems for an annual amount of $89,040.

DISCUSSION
The City's custodial services contracts will expire June 30, 2024. In March, Public Works solicited bids for three separate custodial maintenance contracts:

City Facilities - includes City Hall, City Council Chambers, Police Department, Police Department Substation, Library, Corporation Yard and Civic Center Green restrooms and tennis courts
Recreation and Community Services - includes the Community Center and Senior Center
Park Restrooms - includes the restrooms located at Veterans Park, WIllow Park, Evergreen Park, Arnold/Cypress Park, Oak Knoll Park, Mackay Park and a small contingency for additional as-needed labor hours.

In order to obtain the most accurate and competitive costs for each type of facility, separate solicitations were conducted to ensure accurate pricing based on the needs of each specific facility.

Responses to the advertised bid solicitation were received from two vendors. United Maintenance Systems, the City's current contractor, was the lowest responsible bidder for all three contracts. Each contract has an initial two-year term, with the option to extend for three additional one-year periods. The rates and unit pricing included in the recommended contracts are fixed for the full five-year life of the contract. contracts are fixed for the full five-year life of the contract.

BUDGET IMPACT
Sufficient amounts are included in the FY 2024-25 budgets for the City and District for the recommended facility custodial services.

LEGAL REVIEW
The City Attorney has reviewed and approved the contracts as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Award Information and Bid Proposals
City Facilities Contract Agreement
Recreation and Community Services Contract Agreement
Parks Contract Agreement
Project Award Information Checklist
Description of Project:

The project scope performs custodial services at City Facilities, Recreation and Community Services Facilities, and Park Restroom Facilities.

Project Location: City Facilities, Recreation and Community Services Facilities, and Park Restroom Facilities.

Contract Working Days: Two-year, with the option to extend for 3 (three) additional one-year (1) periods.

Notice Inviting Bids Sent to: CIPlist.com
Bid Opening Date: April 19, 2024
No. of Bid Packets Requested:

Bid Comparison:
1 Bidders City Facilities RCS Facilities Park Restrooms Total Amount

1. United Maintenance,
Burbank, CA
$103,380 $103,800 $89,040 $296,220

2. Allied Universal
Janitorial
Services, Santa Ana, CA
$141,302 $110,825 $112,929 $365,056
Apparent Low Bidder:

Qualified to Perform Work:

United Maintenance, Burbank, CA – $296,220
Yes. Staff confirmed bid was responsive.

Contractor’s License:

Valid at Time of Award: Yes
Valid at Time of Bid: Yes
Experience:

The apparent low bidder has performed this type of work for multiple government agencies in Southern California, including Cypress since 2010.

United Maintenance Systems

Allied Universal Janitorial Services

IN WITNESS WHEREOF. the parties herew ha\.: executed this Agrei:ment on the date and year first-above written.

ATTEST:

Alisha Farnell. City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER. I.I P
fred Galante. City Attorney
CITY:

City of Cypress. a municipal corporation
Scott Minikus. Mayor
CONTRACTOR:

United Maintenance Systems
By: 't../ .A 0 r l,'-' ,J..-,u...,....,,-
Ry:

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Title:
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Namt:: 1--4., (. <..,r,e
Title: S:.t.<. n·;h'"'"I
Address:

Two corporate officer signatures required when Contractor is a corporntion. with one signature required from each of the following groups: 1) Chairman of the Board. President or any \'ice President: and 2) Secretary. an�· Assistant SecretaQ, Chief Financial Officer or an�· •\ssistant Treasurer. CO'.'iTRACTOR'S SIG!\ATLIRES SHALL BE mru NOTARIZED. AND APPROPRIATE A.rn:Sl .\TIONS SHAU. BE ll'iCU'DED .\S '\IAY BE R[QI 'IRED 8\ Tiff BYJ.\WS. ARTICLES OF INCORPORATIO�. OR OTHER Rl'l.ES OR REGl'LATIO"iS .\PPLIC-\BLf. TO ('0:\TRACTOR'S Bl"SINESS [NTIT\.

City of Cypress
Public Works Department Page 20 of 46

IN WITNESS WHEREOF. th� parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Alisha Famdl. City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER. LLP
Fred Galante. City Attorney
CITY:

City of Cypress. a municipal corporation
Scott Minikus. Mayor
CONTRACTOR:
l rnit�d Maintenance Systems
Name:

Title:
h� L L<c..
Q:( vC lv-., ·f
Address: I 44- -<; I 5 I '.$'...j /1. /o(
B..: tb.,,"'\;;. I CA q f solTwo corporate officer signatures required when Contractor is a corporation. with one signature required from each of the following groups: t) Chairman of the Board. President or any \'ice President: and 2) Secretary. any Assistant Secretary. Chief Financial Officer or an� Assistant Treasurer. CO�TRAC'TOR'S SIG�ATt:RES SHALL BE Dl'LY NOTARIZED. AND APPROPRIATE ATTESTATIONS SHALL BE INCU'DEO :\S \IAY BE REQl'IRED BY THE BYLAWS. ARTKLES OF INCORPORATION. OR OTHER Rl'LES OR REGl'LATIO�S APPLICABLE TO CO'.'.TRACTOR'S Bl'.SINESS E1'iTITY.

City of Cypress
Public Works Department Page 20 of 40

IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Alisha Farnell. City Clerk
APPROVED .AS TO FORM:

ALESHIRE & WYNDER. LLP
Fred Galante. City Attorney
CITY:

Cit) of Cypress. a municipal corporation
Scott Minikus. Mayor
CONTRACTOR:

United Maintenance Systems
By:

Name:

Title:
�v ,;,, , j LPer ,es:, d {' ,, +
By: d, c r •(.; C •1••-·
Name: 1-'o (. l.('e,
Titk:

Address:

Jm.lst 7' :i1 Jo I
B.; "c.,., , .. , CA q I ',CL
Two corporate officer signatures required when Contractor is a corporation. with one signature required from each or the following groups: I) Chairman of the Board. President or an)· \'ice President: and 2) Secretaf)·. any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATl1RES SH \LL BE Ol'l,\ NOTARIZED. ANO APPROPRIATE .\TTESTATIO�S SIIALI. BE l�Cl.l1DF.D AS :\1 A Y BE RF.QI 'IRED BY nu: B\'LA WS, ARTICLf.S OF INCORPORATION. OR OTHER Rl'LES OR RF.GI "LA TIO NS APPLICABLF. TO CONTRACTOR'S Bl•Sl!'iESS ENTITY.

City of Cypress
Public Works Department Page 20 of 43

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 15.

FROM: Jeff Draper, Director of Recreation and Community Services DATE: 06/24/2024
SUBJECT: Approve the Purchase of Youth Sports Uniforms

RECOMMENDATION
Approve a one-year agreement for the purchase of youth sports uniforms with Manhattan Stitching Company for an amount not to exceed $10,291.

DISCUSSION
Recreation and Community Services offers a variety of youth sports activities throughout the year including the Challenger basketball program and volleyball and basketball leagues. The Challenger basketball program provides recreational opportunities to approximately 120 individuals with physical and intellectual challenges while the volleyball and basketball leagues regularly fill to capacity within a few hours of registration. Approximately 650 youth participate in the leagues each year and are coached by volunteers.

As part of the registration fee, uniforms are provided to every player and volunteer coach. A Request for Proposals (RFP) was issued to qualified uniform companies in May with six companies responding. Manhattan Stitching Company was the lowest responsible bidder and has previously provided Recreation and Community Services with staff uniforms.

The recommended one-year agreement provides the City with the option for two, one-year extensions. Uniform costs are estimated at $10,291 over the initial one-year term of the agreement. If the two optional extensions are exercised, the three-year total cost will not exceed $30,872.

BUDGET IMPACT
Sufficient amounts are included in the Park District’s FY 2024-25 General Fund budget for the purchase of the uniforms recommended in the agreement.

LEGAL REVIEW
The City Attorney has reviewed the contract as to form.

APPROVED BY: Peter Grant, City Manager
Attachments
Youth Sports Uniform Agreement
01004.0009/691068.1 1

CITY OF CYPRESS

AGREEMENT FOR CONTRACT SERVICES FOR

YOUTH SPORTS UNIFORMS
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ______ day of 2024, by and between the CITY OF CYPRESS, a California municipal corporation (“City”) and Manhattan Stitching (herein “Contractor”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Contractor warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Thousand, Eight Hundred Seventy One Dollars and Seventy Four Cents ($30,871.74) (“Contract Sum”).

2.2 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. 2 01004.0009/691068.1
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within forty five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for 3 01004.0009/691068.1
any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

4. COORDINATION OF WORK

4.1 Representative of Contractor. Cory Jachunk, Owner of Manhattan Stitching is hereby designated as being the representative of Contractor authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Contractor and any authorized agents shall be under the exclusive direction of the representative of Contractor. Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Ian Kokot, Recreation Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, 4 01004.0009/691068.1
either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this 5 01004.0009/691068.1
Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
a. Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney’s fees incurred in connection therewith;
b. Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
c. In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorney’s fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful 6 01004.0009/691068.1
act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Contractor shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives the City notice of such court order or subpoena.
(c) If Contractor provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify the City should Contractor be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has 7 01004.0009/691068.1
no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Contractor.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Contractor in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Orange, State of California.

7.2 Disputes; Default. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8 01004.0009/691068.1

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon written notice to Contractor. In addition, the Contractor may terminate this Contract at any time for cause, upon sixty (60) days’ advance written notice to City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Cypress, 5275 Orange Avenue, Cypress, California 90630 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this 9 01004.0009/691068.1
Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorney’s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be 10 01004.0009/691068.1
consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
11 01004.0009/691068.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

City of Cypress, a municipal corporation
______________________________________
Peter Grant, City Manager
ATTEST:
______________________________________
Alisha Farnell, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
______________________________________
Fred Galante, City Attorney
CONTRACTOR:

Manhattan Stitching
____________________________
______________________________________
By: __________________________________
Name: Cory Jachunk
Title: Owner, Manhattan Stitching
By: __________________________________
Name:

Title:

Manhattan Stitching
8362 Artesia Blvd. Suite E
Buena Park, CA 90621
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

A-1
01004.0009/691068.1
EXHIBIT “A”

SCOPE OF SERVICES
I. To provide uniforms for youth sports leagues including winter and summer basketball, fall and spring volleyball, and Challenger basketball.

II. Mesh Jerseys are used in the winter basketball league.

III. Ultra cotton t-shirts and used for summer basketball, fall and spring volleyball, and Challenger basketball.

IV. City will email Contractor uniform order for each season, Order turn-around may be as little as two (2) weeks.

V. City will provide logo for each season.

VI. Contractor is responsible for pick-up of artwork if necessary, delivery of uniforms to meet the delivery date and any other matter involved with this order.

B-1
301444.9
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 3.4 shall be amended to read as follows:

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). City reserves the right in its sole and unfettered discretion, to extend the Term of this Agreement, upon the same terms and conditions set forth herein, for up to a maximum of two (2), one (1) year extended terms (an “Extended Term”). City shall exercise its right to extend the Term of the Agreement by providing Contractor with written notice of its intent to extend the Term or any Extended Term of this Agreement not less than forty-five (45) calendar days prior to the expiration of the Term or any Extended Term of this Agreement.

II. Section 5.2 shall be amended to read as follows:

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City of Cypress and Cypress Recreation and Park District, elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City and Cypress Recreation and Park District, officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

C-1
01004.0009/691068.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Uniforms will be ordered by Recreation and Community Services to each season.

II. Pricing for each uniform are as follows:

Unit Cost
Logo Set Up $0.00
Gildan Ultra Cotton T-Shirt - Youth S-XL $5.00
Gildan Ultra Cotton T-Shirt - Adult S-XL $5.00
Gildan Ultra Cotton T-Shirt - Adult 2XL $6.75
Gildan Ultra Cotton T-Shirt - Adult 3XL $6.75
Gildan Ultra Cotton T-Shirt - Adult 4XL $6.75
Gildan Ultra Cotton T-Shirt - Logo on front $1.06
Gildan Ultra Cotton T-Shirt - Number (singular or double) on back $0.90 Gildan Ultra Cotton T-Shirt - Number (singular or double) on chest $0.90 Gildan Ultra Cotton T-Shirt - Logo on left sleeve $1.75 A4 Mesh Jersey - Youth S-XL $6.50
A4 Mesh Jersey - Adult S-XL $7.50
A4 Mesh Jersey - Adult 2XL $8.00
A4 Mesh Jersey - Adult 3XL $8.00
A4 Mesh Jersey - Adult 4XL $8.00
A4 Mesh Jersey - Logo on front $1.06
A4 Mesh Jersey - Number (singular or double) on back $1.00 III. Contractor will supply an invoice for each season.

IV. City will process a check once invoice is received according to the City’s warrant run schedule.

V. City will provide Contractor with City of Cypress’ accounts payable warrant run schedule.

VI. The maximum compensation amount of $30,871.74 in Section 2.1 is for all 3 potential years of the term, including extensions, with the maxim contract sum being $10,290.58 for each year of the term.

D-1
301444.9
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
Season Order Delivered
2024 Challenger Basketball July 2024
2024 Fall Volleyball July 2024
2024 Winter Basketball October 2024
2025 Spring Volleyball February 2025
2025 Summer Basketball April 2025
1 st Year Renewal Dates – July 1, 2025 – June 30, 2026
If City exercises its first option to renew, as provided in Section 3.4 of the Agreement, then Contractor’s performance schedule shall be as follows:

Season Order Delivered
2025 Challenger Basketball June 2025
2025 Fall Volleyball July 2025
2025 Winter Basketball October 2025
2026 Spring Volleyball February 2026
2026 Summer Basketball April 2026
2 nd Year Renewal Dates – July 1, 2026 – June 30, 2027
If City exercises its second option to renew, as provided in Section 3.4 of the Agreement, then Contractor’s performance schedule shall be as follows:

Season Order Delivered
2026 Challenger Basketball June 2026
2026 Fall Volleyball July 2026
2026 Winter Basketball October 2026
2027 Spring Volleyball February 2027
2027 Summer Basketball April 2027
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 16.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 06/24/2024
SUBJECT: Receive and File the Investment Report for the Month Ended May 31, 2024

RECOMMENDATION
Receive and file the attached investment report.

DISCUSSION
California Government Code Section 53607 and Cypress Municipal Code Section 2-18(f) requires the submission of a monthly investment report to the City Council. As of May 31, 2024, the City had $204.1 million (current market value) in cash and investments and the interest return (yield) on the public funds investments was 4.58%. As required by the Government Code, all investments are in conformity with the City's investment policy and sufficient cash flows are available to meet the next six months of estimated expenditures.

The attached Summary of Cash and Investments present the investments held by the City of Cypress as of May 31, 2024. The Investment Reports consist of the following five summaries:

1. Summary of Cash and Investments - Provides the total portfolio of the City.

Changes in Cash and Investments - Provides a two-month cash flow analysis by fund type. These separate fund types allow for restricted monies to be segregated and tracked separately. The total ending amount agrees to the current market value shown in the Summary of Cash and Investments.

2. Investments at Market Value by Maturity Date - Provides a list of investments by maturity date, and an indication of the liquidity (ability to turn into cash) of the investments. The California Government Code restricts the type of investments eligible for public funds. The City’s Investment Policy further defines permitted investments.

These restrictions in investment types and the terms of allowable investments result in limited yields on City investments.

3. Interfund Investments - Indicates outstanding loans between City funds. There are three approved loans due to the Infrastructure Reserve Fund from the Cypress Recreation and Park District General Fund related to the construction of Lexington Park and the rehabilitation of Arnold Cypress Park.

4. 5. Summary of Cash and Investments Held In Trust - Presents investments held in trust Summary of Cash and Investments Held In Trust - Presents investments held in trust by the Public Agency Retirement Services (PARS) for offsetting unfunded pension liabilities. The pension trust amounts can only be used for future pension obligations.

The legal restrictions on the allowable investment types are less restrictive than those in the City's portfolio, which provides the potential for higher yields to be earned over the long-term on investments held in the pension trust.

5. As mentioned previously, the City had $204.1 (current market value) in cash and investments at May 31, 2024. The investments included Federal Agencies Debt ($148.2 million) and Investment Pools ($53.7 million). The City's bank accounts held $2.2 million on May 31, 2024.

A portion of the investment portfolio is invested in the State Investment Pool (Local Agency Investment Fund or LAIF) which is managed by investment experts and provides a diversified investment pool for local agencies to invest. By using the combined size of the participating cities and agencies, the State Pool can provide a competitive yield, liquidity and investment knowledge that otherwise would not be available to a single entity.

The amount of cash in the City’s checking accounts fluctuates based on the maturity of investments, daily cash receipts, and when vendors and employees are paid. The daily balances maintained in the checking accounts provide credits which offset monthly bank charges. In addition to the Federal Depository Insurance Corporation (FDIC) which insures the first $250,000, excess checking deposits are secured by banks, government, or mortgage securities valued between 110% and 150% of the deposits.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Investment Report for the Month Ended May 31, 2024
Summary of Cash and Investments
As of May 31, 2024
Type Description
Investment
Date Maturity Date
Interest
Rate Carrying Value
Current Market
Value (2)
(1) Ckg General Operating Account BMO 6/1/2024 - 2,176,421.30 $ 2,176,421.30 $ Pool Local Agency Investment Fund State Treasurer 6/1/2024 4.332 27,000,000.00 26,843,164.21 Pool Local Agency Investment Fund State Treasurer 6/1/2024 4.332 27,000,000.00 26,843,164.21 FFCB Federal Farm Credit Bank BMO 2/21/2023 8/21/2024 4.875 10,000,000.00 9,986,000.00 FFCB Federal Farm Credit Bank BMO 10/27/2022 10/17/2024 4.620 5,000,000.00 4,981,700.00 FHLMC Federal Home Loan Mortgage Corp BMO 7/28/2022 12/30/2024 3.350 4,000,000.00 3,955,720.00 FFCB Federal Farm Credit Bank BMO 1/10/2023 1/10/2025 4.310 3,005,400.00 2,987,250.00 FHLMC Federal Home Loan Mortgage Corp BMO 1/30/2023 1/27/2025 5.000 10,000,000.00 9,978,900.00 FHLB Federal Home Loan Bank BMO 5/27/2021 2/27/2025 0.660 3,000,000.00 2,901,360.00 FFCB Federal Farm Credit Bank BMO 3/22/2021 3/17/2025 0.700 4,000,000.00 3,860,040.00 FHLMC Federal Home Loan Mortgage Corp BMO 9/21/2022 3/31/2025 4.320 5,000,000.00 4,960,950.00 FHLMC Federal Home Loan Mortgage Corp BMO 5/11/2023 5/9/2025 5.299 8,550,000.00 8,527,000.50 FHLMC Federal Home Loan Mortgage Corp BMO 6/6/2023 6/6/2025 5.320 5,000,000.00 4,997,350.00 FHLB Federal Home Loan Bank BMO 3/20/2023 6/20/2025 5.379 5,000,000.00 4,997,350.00 FHLMC Federal Home Loan Mortgage Corp BMO 9/30/2022 9/30/2025 4.750 5,000,000.00 4,973,200.00 FFCB Federal Farm Credit Bank BMO 1/13/2023 1/13/2026 4.000 2,000,000.00 1,969,240.00 FFCB Federal Farm Credit Bank BMO 3/2/2023 3/2/2026 4.478 5,002,000.00 4,967,250.00 FHLMC Federal Home Loan Mortgage Corp BMO 3/13/2023 3/13/2026 5.625 10,000,000.00 9,973,000.00 FFCB Federal Farm Credit Bank BMO 9/29/2023 4/20/2026 5.000 4,988,459.27 4,998,500.00 FFCB Federal Farm Credit Bank BMO 6/23/2023 6/23/2026 4.820 5,000,000.00 4,971,850.00 FHLB Federal Home Loan Bank BMO 6/26/2023 6/26/2026 5.350 4,815,000.00 4,806,621.90 FHLB Federal Home Loan Bank BMO 11/30/2023 11/17/2026 4.420 5,023,375.00 4,993,300.00 FHLB Federal Home Loan Bank BMO 4/18/2024 4/16/2027 5.000 3,015,000.00 3,016,266.30 FHLB Federal Home Loan Bank BMO 4/18/2024 7/23/2027 5.300 3,000,000.00 2,997,360.00 FHLB Federal Home Loan Bank BMO 2/16/2024 8/13/2027 4.999 4,000,000.00 3,980,440.00 FHLB Federal Home Loan Bank BMO 11/15/2023 11/15/2027 5.625 5,000,000.00 4,996,750.00 FFCB Federal Farm Credit Bank BMO 12/6/2023 12/6/2027 5.380 5,000,000.00 4,951,500.00 FFCB Federal Farm Credit Bank BMO 6/30/2023 6/30/2028 5.000 5,000,000.00 4,980,950.00 FHLB Federal Home Loan Bank BMO 1/10/2024 1/3/2029 5.000 10,000,000.00 9,958,700.00 FHLB Federal Home Loan Bank BMO 2/15/2024 2/12/2029 4.411 4,647,675.00 4,551,141.00 FFCB Federal Farm Credit Bank BMO 4/18/2024 4/10/2029 4.375 4,935,200.00 4,975,000.00 Ckg Worker's Comp Account BMO 6/1/2024 - 50,000.00 50,000.00 Ckg Liability Account California Bank & Trust 6/1/2024 - 8,500.00 8,500.00 Cash Petty Cash City 6/1/2024 - 8,350.00 8,350.00

$ 205,225,380.57 $ 204,124,289.42
Average Weighted Yield to Maturity: 4.58%
Average Weighted Days to Maturity: 533.13
(1) Negative cash balance (if any) shown due to checks being issued at month end, transfer to cover checks not made until early in the following month. (2) Current market value of securities with maturities in excess of 12 months (if any) are provided by third-party safekeeping agents.

I certify that this report reflects all Government Agency pooled investments and is in conformity with the Investment Policy of the City of Cypress. A copy of this Investment Policy is available on the City's website.

The Investment Program herein shown provides sufficient cash flow liquidity to meet six months estimated expenditures.

Signed: ________________________________
Finance Director
City of Cypress
Bank/Agent
3/31/2024 +RECEIPTS (DISBURSEMENTS) 4/30/2024 +RECEIPTS (DISBURSEMENTS) 5/31/2024

GENERAL
111/114 GENERAL FUND/GENERAL FUND-GRANTS $ 26,422,380 $ 5,695,966 $ (4,714,374) $ 27,403,974 $ 6,259,445 $ (3,641,558) $ 30,021,864

SPECIAL REVENUE
115 PANDEMIC RELIEF 6,276 - - 6,276 - - 6,276
212 CRPD-GENERAL FUND 12,614,879 3,024,163 (964,362) 14,674,680 2,063,337 (2,196,314) 14,541,703 213 CRPD-PARK DEVELOPMENT 421,746 1,663 - 423,409 - - 423,409 221 TRAFFIC SAFETY 41,279 3,310 - 44,589 5,962 - 50,551 230 STREETS 10,146,627 319,876 (643,839) 9,822,664 215,589 (83,633) 9,954,620 251 LIGHTING DISTRICT #2 6,020,468 565,695 (158,678) 6,427,485 90,420 (106,351) 6,411,554 261 STORM DRAIN 2,096,782 53,737 (23,149) 2,127,370 28,262 (69,387) 2,086,245 262 PLANNED LOCAL DRAINAGE FACILITY 1,093,842 12,134 - 1,105,976 - - 1,105,976 271 CORP CNTR MAINT DISTRICT #1 209,797 16,168 (1,108) 224,857 - (1,706) 223,151 280 ASSET SEIZURE 1,336,022 14,849 (4,693) 1,346,178 10,916 (10,480) 1,346,614 291 CABLE TV FRANCHISE AGREEMENT 812,774 1,060 - 813,834 15,954 - 829,788 301 SUPPLEMENTAL LAW ENFORCEMENT 103,570 5,935 (8,691) 100,814 488 (11,932) 89,370 321 SEWER FUND 8,609,405 199,295 (25,304) 8,783,396 126,750 (98,007) 8,812,139 471 LOW AND MODERATE HSG ASSET 6,886 9,938 (2,588) 14,236 798 (256) 14,778

CAPITAL PROJECTS
415 CITY CAPITAL PROJECTS 15,913,858 - (242,650) 15,671,208 - (53,294) 15,617,914 416 INFRASTRUCTURE RESERVE 71,440,952 492,729 - 71,933,681 - (1,560,491) 70,373,190

TRUST AND AGENCY
600 TRUST AND AGENCY 1,590,143 20,248 (15,910) 1,594,481 146,541 (13,799) 1,727,223 611 BUSINESS ASSESSMENT DISTRICT - - - - - - -
612 CFD #1 ASSESSMENT DISTRICT 153,575 - - 153,575 - - 153,575 620 REC & COMM SERVICES FOUNDATION 31,312 10,360 - 41,672 6,000 (280) 47,392

INTERNAL SERVICE
710 CENTRAL SERVICES 3,882,970 235,263 (186,618) 3,931,615 234,457 (202,759) 3,963,313 720 CAPITAL REPLACEMENT 15,583,882 62,926 (16,683) 15,630,125 62,717 (4,783) 15,688,059 730 TECHNOLOGY IMPROVEMENT 2,273,110 - - 2,273,110 - - 2,273,110 750 EMPLOYEE BENEFITS 9,486,566 1,295,271 (2,096,610) 8,685,227 1,735,641 (2,586,786) 7,834,082 760 LIABILITY SELF INSURANCE 2,186,609 51,126 (3,713) 2,234,022 51,126 - 2,285,148 770 WORKERS COMP SELF INSURANCE 3,469,200 62,013 (44,029) 3,487,184 94,388 (32,189) 3,549,383 OTHER
811/812 WESTCOMM JPA 4,774,982 497,200 (269,883) 5,002,299 123,783 (432,220) 4,693,862 $ 12,650,925 200,729,892 $ (9,422,882) $ 203,957,937 $ 11,272,574 $ (11,106,225) $ 204,124,289 $ Changes in Cash/Investments
City of Cypress
City of Cypress

INVESTMENTS AT MARKET VALUE BY MATURITY DATE
As of May 31, 2024
1 day 181 days 1 year 2 years 3 years 4 years
to to to to to to
Investments 180 days 1 year 2 years 3 years 4 years 5 years 5+ years Totals Percent CASH $ - 2,243,271 $ - $ - $ - $ - $ - $ 2,243,271 $ 1.10% FFCB 6,847,290 14,967,700 11,934,990 4,971,850 4,951,500 9,955,950 - 53,629,280 26.27% FHLB 2,901,360 - 4,997,350 12,816,188 11,974,550 14,509,841 - 47,199,289 23.12% FHLMC 27,422,571 - 19,943,550 - - - - 47,366,121 23.20% STATE POOL 53,686,328 - - - - - - 53,686,328 26.30%
TSY - - - - - - - 0 0.00%
Totals $ 37,171,221 70,897,300 $ 36,875,890 $ 17,788,038 $ 16,926,050 $ 24,465,791 $ - $ 204,124,289 $ 100.00% Percent 34.73% 18.21% 18.07% 8.71% 8.29% 11.99% 0.00% 100.00% Note
Issue Maturity Interest Authorized Principal
Note No. To From Date Date Rate Amount Outstanding *
1 CRPD City 02/08/21 06/30/25 LAIF 12,800,000 $ 4,236,608 $ 2 CRPD City 02/13/23 06/30/25 LAIF 1,275,000 $ 877,440 $ 3 CRPD City 11/13/23 TBD 2.00% 33,500,000 $ 3,274,747 $ Total Interfund Investments 8,388,795 $
The City Infrastructure Reserve Fund issued a promissory note to the CRPD General Fund to pay up to $33.5 million for construction costs associated with the rehabilitation of Arnold Cypress Park. Repayment by the CRPD will be made from CRPD General Funds and future property taxes over the next 20 years. Advances to date total $3,274,747. up to $12.8 million for the construction of Lexington Park. Repayment by the CRPD will be made from future park develeopment fees.

Construction is complete, with advances totaling $12,293,975. Repayments to date total $8,057,367.

The City Infrastructure Reserve Fund issued a promissory note to the CRPD General Fund to pay up to $1.275 million for design costs associated with the rehabilitation of Arnold Cypress Park. Repayment by the CRPD will be made from additional Property Tax revenues resulting from the dissolution of the Successor Agency to the former Redevelopment Agency. Advances to date total $877,440.

CITY OF CYPRESS

INTERFUND INVESTMENTS
As of May 31, 2024
Note Outstanding
The City Infrastructure Reserve Fund issued a promissory note to the Cypress Recreation and Park District (CRPD) General Fund to pay Fund Type Issuer
Maturity
Date
One Year
Return * Cost Amount
Current Market
Value
PARS Public Agencies Post-Employment Benefits Trust
Trustee: Public Agency Retirement Services (PARS)
Section 115 Trust Pension Trust Various Open 9.94% 25,890,000.00 $ 30,093,159.80 $ Total $ 25,890,000.00 $ 30,093,159.80
* 12-month period ending with the current month.

City of Cypress
Summary of Cash and Investments Held In Trust
As of May 31, 2024
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 17.

FROM: Matt Burton, Director of Finance and Administrative Services DATE: 06/24/2024
SUBJECT: Receive and File Register of Warrants, Transfers, and Wires Issued for the Period of May 11, 2024 through June 7, 2024

RECOMMENDATION
Receive and file the attached payment register summarized below for the period of May 11, 2024 through June 7, 2024:

Electronic Funds Transfers 15120 through 15299
Warrants 65248 through 65424
Payroll Transfers W1529 through W1530

DISCUSSION
Payments to vendors for goods and services received and/or rendered are initiated and approved by the requesting department in accordance with proper purchasing guidelines.

Processing of these payments occurs centrally in the City's Finance Department with payments issued bi-weekly. A register listing of these payments is presented monthly to the City Council for approval. This register also includes any Electronic Funds Transfers (EFT), outgoing payroll transfers or wires issued since the previous register was presented to the City Council. Voided payments (if any) are also identified.

All payments are processed on the City's financial management software system. This system generates a payment batch register, sorted by warrant number (or EFT/Wire number), and presents the invoice amount and a description of the payment issued.

BUDGET IMPACT
Total warrants, transfers, and wires issued (net of any voided payments) during the period of May 11, 2024 through June 7, 2024 are $4,198,810.50.

LEGAL REVIEW
None required.

APPROVED BY: Peter Grant, City Manager
Attachments
Payment Register for the Period 05-11-24 through 06-07-24 EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount 15120 1480 - ARCO BUSINESS SOLUTIONS $ 30.23
Fuel/Engineering 4/3-5/2 NP66373897 $ 30.23
15121 1480 - ARCO BUSINESS SOLUTIONS $ 3,664.82
Fuel/Maint 4/3-5/2 NP66373897(A) $ 3,664.82
15122 1480 - ARCO BUSINESS SOLUTIONS $ 118.99
Fuel/Recreation 4/3-5/2 NP66373897(B) $ 118.99
15123 1480 - ARCO BUSINESS SOLUTIONS $ 19,023.77
Fuel/Police 4/3-5/2 NP66373897(C) $ 19,023.77
15124 100505 - CITY OF CYPRESS-WORKERS COMP $ 4,343.37
Workers Comp Claims/Professional Svcs/#27327-27361 Reimb 5/24/24 $ 4,343.37 15125 100505 - CITY OF CYPRESS-WORKERS COMP $ 4,479.44
Workers Comp Claims/Medical/#27327-27361 Reimb(A) 5/24/24 $ 4,479.44 15126 100505 - CITY OF CYPRESS-WORKERS COMP $ 5,316.92
Workers Comp Claims/Permanent Disability/#27327-27361 Reimb(B) 5/24/24 $ 5,316.92 15127 120801 - MISSION SQUARE - ICMA RETIREMENT TRUST - RHS $ 13,675.00 Monthly Retiree Health Savings 5/24 5/24 $ 13,675.00
15128 120801 - MISSION SQUARE - ICMA RETIREMENT TRUST - RHS $ 1,200.00 Deferred Comp/Exec Mgmt 5/24 401a-5/24 $ 1,200.00
15129 1608 - ALARM PROGRAM SYSTEMS, LLC $ 1,234.80
PD Svc/Alarm Permit & False Alarm Fees 4/24 4/24 $ 1,234.80 15130 145 - AUSTIN, CHERYL $ 56.52
W/C Retiree Health Care Benefits 6/24 6/24 $ 56.52
15131 128744 - AYRES, RICHARD $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15132 102038 - BALDWIN, DARRELL $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15133 102087 - BISH, EDWARD $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15134 100101 - BRUCE, THOMAS M $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15135 129695 - COTE, ROBERT $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15136 128938 - COX, RODNEY $ 123.85
Retiree Health Care Benefits 6/24 6/24 $ 123.85
15137 104003 - ESSEX, CLARE $ 465.85
Retiree Health Care Benefits 6/24 6/24 $ 465.85
15138 128044 - FORNISS, DANIEL $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15139 129816 - FOSTER, SCOTT $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15140 112129 - HERNANDEZ, ALEX $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15141 100667 - LASSALLE, ISMAEL $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15142 123656 - MANUEL, DEAN $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15143 129700 - MCSHANE, CHRIS $ 232.96
Retiree Health Care Benefits 6/24 6/24 $ 232.96
15144 2017 - MINIKUS, SCOTT $ 308.53
Reimb/Medical Premiums 6/24 6/24 $ 308.53
15145 128832 - MORALES, PAULO $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15146 122 - MORROW, RICHARD L $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
City of Cypress
Payment Register
05/11/24 - 06/07/24

Page 1 of 17 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
05/11/24 - 06/07/24
15147 129501 - MOUNT, ERIC $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15148 129608 - OLSON, JAMES $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15149 128784 - RAMSEY, KENNETH $ 125.00
Retiree Health Care Benefits 6/24 6/24 $ 125.00
15150 119027 - RAMSEY, STEVE $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15151 180 - SWIFT, JEFF $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15152 1024 - VALLEY VISTA SERVICES, INC $ 231,080.50
Waste Disposal Fee 4/24 4/24 $ 231,080.50
15153 105121 - VIGIL, FELIX $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15154 129666 - WALQUIST, BRIAN $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15155 40 - WARLAND INVESTMENTS COMPANY $ 37,500.00
Development Assistance 6/24 6/24 $ 37,500.00
15156 122756 - WINTERSOLE, MICHAEL $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15157 342 - WU, ALEX $ 300.00
Retiree Health Care Benefits 6/24 6/24 $ 300.00
15158 2170 - US BANK $ 525.00
Dessert Truck/Kona Ice/Employee Service Awards 5/16 0205 5/10/24 $ 525.00 15159 2170 - US BANK $ 43.20
Supplies/Employee Service Awards 5/6 0205(A) 5/10/24 $ 43.20 15160 2170 - US BANK $ 8.70
W/C Sub/Business Analytics/Reporting Software 4/7-5/6 0781 5/10/24 $ 8.70 15161 2170 - US BANK $ 184.86
W/C Dispatch Headsets(3) 4/30 0781(A) 5/10/24 $ 184.86
15162 2170 - US BANK $ 124.76
W/C Satellite TV Charges 4/25-5/24 0781(B) 5/10/24 $ 124.76 15163 2170 - US BANK $ 21.63
W/C Data Storage/Amazon Cloud 4/24 0781(C) 5/10/24 $ 21.63 15164 2170 - US BANK $ 74.32
Badge Holders(250)/Lanyards(200)/Comm Center Staff 4/15 1504 5/10/24 $ 74.32 15165 2170 - US BANK $ 52.72
Food/Playground/Kids Night Out 4/19 1504(A) 5/10/24 $ 52.72 15166 2170 - US BANK $ 37.66
Food/Teens Night Out 4/19 1504(B) 5/10/24 $ 37.66
15167 2170 - US BANK $ 15.00
Gift Cards(3)/In-N-Out/Teens Night Out Prizes 4/18 1504(C) 5/10/24 $ 15.00 15168 2170 - US BANK $ 10.00
Gift Cards(2)/Starbucks/Teens Night Out Prizes 4/18 1504(D) 5/10/24 $ 10.00 15169 2170 - US BANK $ 90.00
Reg/Recreation Leader Training Consortium(4) 5/4 1504(E) 5/10/24 $ 90.00 15170 2170 - US BANK $ 33.05
Supplies/Day Camp 5/10 1504(F) 5/10/24 $ 33.05
15171 2170 - US BANK $ 59.24
Supplies/Day Camp 5/8 1504(G) 5/10/24 $ 59.24
15172 2170 - US BANK $ 24.11
Supplies/Day Camp 5/8 1504(H) 5/10/24 $ 24.11
15173 2170 - US BANK $ 79.67
Supplies/Teens/Youth Action Committee Recognition 5/8 1504(I) 5/10/24 $ 79.67

Page 2 of 17 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
05/11/24 - 06/07/24
15174 2170 - US BANK $ 52.79
Supplies/Youth Sports 5/1 2379 5/10/24 $ 52.79
15175 2170 - US BANK $ 80.46
PD Custom Ink Stamps(2)/Ink(1 Btl) 4/24 2499 5/10/24 $ 80.46 15176 2170 - US BANK $ 182.88
PD Handgun Boxes(40)Rifle Boxes(20) 4/19 2499(A) 5/10/24 $ 182.88 15177 2170 - US BANK $ 68.62
PD Hand Sanitizer(24 Btls) 4/23 2499(B) 5/10/24 $ 68.62 15178 2170 - US BANK $ 34.45
PD Sign Holders(6) 4/19 2499(C) 5/10/24 $ 34.45
15179 2170 - US BANK $ 10.76
PD TV Remote Holder(1)/Emergency Operations Center 4/23 2499(D) 5/10/24 $ 10.76 15180 2170 - US BANK $ 63.77
PD iPhone Cases(4)/Screen Protectors(4)/SIU 4/25 2499(E) 5/10/24 $ 63.77 15181 2170 - US BANK $ 101.44
PD Chair(1)/Range 4/26 2499(F) 5/10/24 $ 101.44
15182 2170 - US BANK $ 31.87
PD Floor Squeegee(1)/Mounting Hardware(1 Set)/Locker Room 5/3 2499(G) 5/10/24 $ 31.87 15183 2170 - US BANK $ 11.73
PD Keys(4)/Range Lock Box 5/10 2499(H) 5/10/24 $ 11.73
15184 2170 - US BANK $ 139.00
PD DVD-R(300)/Mobile Audio Video System 5/8 2499(I) 5/10/24 $ 139.00 15185 2170 - US BANK $ 53.85
PD Knife Boxes(40) 5/9 2499(J) 5/10/24 $ 53.85
15186 2170 - US BANK $ 94.80
PD HDMI Cables(2) 5/8 2499(K) 5/10/24 $ 94.80
15187 2170 - US BANK $ 14.00
PD File Sorter(1)/CR 5/9 2499(L) 5/10/24 $ 14.00
15188 2170 - US BANK $ 19.38
PD Sign Holders(3)/Range 5/10 2499(M) 5/10/24 $ 19.38
15189 2170 - US BANK $ 91.03
Plaque(1)/ECOS/Made in Cypress Tribute 4/22 2518 5/10/24 $ 91.03 15190 2170 - US BANK $ (24.81)
Credit/Microsoft Teams/Video Conferencing/CD 4/30-6/7 2518(A) 5/10/24 $ (24.81) 15191 2170 - US BANK $ 150.00
Sub/Property Data/Code Enforcement & Planning 4/24 2518(B) 5/10/24 $ 150.00 15192 2170 - US BANK $ 99.00
Sub/Survey Monkey/HR 5/3-6/2 2873 5/10/24 $ 99.00
15193 2170 - US BANK $ (99.00)
Credit/Sub/Survey Monkey 5/3-6/2 2873(A) 5/10/24 $ (99.00) 15194 2170 - US BANK $ 65.00
Svc/Bilingual Testing(1)/PD 5/7 2873(B) 5/10/24 $ 65.00 15195 2170 - US BANK $ 183.51
Supplies/Employee Service Awards 5/9 2873(C) 5/10/24 $ 183.51 15196 2170 - US BANK $ 21.55
Dues/Sam's Club Membership/Finance 4/10 3071 5/10/24 $ 21.55 15197 2170 - US BANK $ 954.57
Shredder(1)/Finance 4/12 3071(A) 5/10/24 $ 954.57
15198 2170 - US BANK $ 67.82
PD Broom(1)/Dustpan(1)/Range 4/16 4142 5/10/24 $ 67.82
15199 2170 - US BANK $ 79.72
PD Fingerprint Ink Pads(60) 4/29 4142(A) 5/10/24 $ 79.72 15200 2170 - US BANK $ 59.22
PD Anti-Lead Mats(120)/Range 5/3 4142(B) 5/10/24 $ 59.22

Page 3 of 17 ends

EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
05/11/24 - 06/07/24
15201 2170 - US BANK $ 87.86
PD Dog Food(1 Bag)/Bono 4/27 4289 5/10/24 $ 87.86
15202 2170 - US BANK $ 74.97
Food/Sr Center 4/15 5166 5/10/24 $ 74.97
15203 2170 - US BANK $ 18.86
Pens(12)/Sr Center 4/23 5166(A) 5/10/24 $ 18.86
15204 2170 - US BANK $ 124.96
Coffee Urns(62)/Sr Center 4/25 5166(B) 5/10/24 $ 124.96 15205 2170 - US BANK $ 33.39
Beverage Dispenser Stand(1)/Sr Center 4/25 5166(C) 5/10/24 $ 33.39 15206 2170 - US BANK $ 75.41
Mobile File Cabinet(1)/Sr Center 4/25 5166(D) 5/10/24 $ 75.41 15207 2170 - US BANK $ 17.77
Supplies/Concerts on the Green 4/26 5166(E) 5/10/24 $ 17.77 15208 2170 - US BANK $ 4.32
Supplies/Sr Center Volunteer Recognition 4/26 5166(F) 5/10/24 $ 4.32 15209 2170 - US BANK $ 22.62
Decor/Sr Center Dining Room 4/30 5166(G) 5/10/24 $ 22.62 15210 2170 - US BANK $ 31.24
Supplies/Concerts on the Green 4/29 5166(H) 5/10/24 $ 31.24 15211 2170 - US BANK $ 86.19
Prize Wheel(1)/Concerts on the Green 5/1 5166(I) 5/10/24 $ 86.19 15212 2170 - US BANK $ 21.52
Decor/Sr Center Dining Room 5/1 5166(J) 5/10/24 $ 21.52 15213 2170 - US BANK $ 413.01
Imprinted Magnets(2K)/Sr Transportation Program Giveaways 5/2 5178 5/10/24 $ 413.01 15214 2170 - US BANK $ 958.89
Imprinted Grocery Tote(600)/Concert on the Green Giveaways 5/3 5178(A) 5/10/24 $ 958.89 15215 2170 - US BANK $ 30.54
Control Module(1)/PD Briefing Room 4/17 5350 5/10/24 $ 30.54 15216 2170 - US BANK $ 651.41
UPS Batteries(2)/PD & Maint Server Rooms 4/22 5350(A) 5/10/24 $ 651.41 15217 2170 - US BANK $ (19.48)
Credit/Wall Plates(4)/IT 4/17 5350(B) 5/10/24 $ (19.48) 15218 2170 - US BANK $ 363.50
Display Cables(25)/New Computers 4/30 5350(C) 5/10/24 $ 363.50 15219 2170 - US BANK $ 35.54
Display Cables(2)/New Computers 4/30 5350(D) 5/10/24 $ 35.54 15220 2170 - US BANK $ 154.33
Hard Drives(2)/PD Mobile Audio Visual Systems 5/13 5350(E) 5/10/24 $ 154.33 15221 2170 - US BANK $ 82.30
Gift Cards(2)/Planters(2)/Trader Joes/Auction Donations 4/9 5530 5/10/24 $ 82.30 15222 2170 - US BANK $ 54.83
Supplies/Citizens Academy 4/9 5530(A) 5/10/24 $ 54.83
15223 2170 - US BANK $ 258.88
Supplies/Council Meeting 4/10 5530(B) 5/10/24 $ 258.88
15224 2170 - US BANK $ 311.98
Meals(25)/Red Robin/Strategic Planning 4/17 5530(C) 5/10/24 $ 311.98 15225 2170 - US BANK $ 1.26
Facebook Ad(1)/City Events 4/22 5530(D) 5/10/24 $ 1.26
15226 2170 - US BANK $ 44.19
Facebook Ads(3)/City Events 4/23 5530(E) 5/10/24 $ 44.19 15227 2170 - US BANK $ 375.57
Meals(25)/Taco Masa/Citizens Academy 4/24 5530(F) 5/10/24 $ 375.57

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EFT/ Warrant
Number Vendor Payment Amount Description Invoice Invoice Amount City of Cypress
Payment Register
05/11/24 - 06/07/24
15228 2170 - US BANK $ 3,092.17
Svc/Cater/OCCMA Meeting/Reimbursed 5/1 5530(H) 5/10/24 $ 3,092.17 15229 2170 - US BANK $ 232.84
Imprinted Shirts(25)/Citizens Academy 5/14 5530(I) 5/10/24 $ 232.84 15230 2170 - US BANK $ 385.99
Meals(25)/Kebab Shop/Citizens Academy 5/1 5530(J) 5/10/24 $ 385.99 15231 2170 - US BANK $ 220.42
Meals(25)/Coach's Corner Pizza/Citizens Academy 5/8 5530(K) 5/10/24 $ 220.42 15232 2170 - US BANK $ 4,498.08
Svc/Cater/OCCMA Meeting/Reimbursed 6/12 5530(L) 5/10/24 $ 4,498.08 15233 2170 - US BANK $ 74.60
Copy Paper(10 Rms)/Admin 5/13 5530(M) 5/10/24 $ 74.60
15234 2170 - US BANK $ 110.00
Sub/Mailchimp/Email Distribution/Admin 4/24 5530(G) 5/10/24 $ 110.00 15235 2170 - US BANK $ 525.00
PD Reg/Driver Training(7) 7/12-7/25 6557 5/10/24 $ 525.00 15236 2170 - US BANK $ 390.00
PD Reg/Law Enforcement Armorer/TM & MG 5/24 6557(A) 5/10/24 $ 390.00 15237 2170 - US BANK $ 120.00
PD Arrest & Control Tactics/NG/JG/JH/CS/NP/SR 4/10 6557(B) 5/10/24 $ 120.00 15238 2170 - US BANK $ 575.00
PD Reg/Investigative Interview & Interrogation//NT 7/15-7/19 6557(C) 5/10/24 $ 575.00 15239 2170 - US BANK $ 226.00
PD Reg/Officer Involved Shooting Supervisor/JO 6/11-6/12 6557(D) 5/10/24 $ 226.00 15240 2170 - US BANK $ 300.00
PD Reg/Investgtn/Discipline in Critical Incidents/ML & CR 8/14 6557(E) 5/10/24 $ 300.00 15241 2170 - US BANK $ 315.17
PD Sandwiches(30)/Staff/Open House 5/9 6583 5/10/24 $ 315.17 15242 2170 - US BANK $ 280.00
PD Reg/MADD Awards/ML & MT & SA & AS 5/9 6696 5/10/24 $ 280.00 15243 2170 - US BANK $ 95.00
PD Reg/Cypress Chamber Business Awards/ML 6/6 6696(A) 5/10/24 $ 95.00 15244 2170 - US BANK $ 492.50
Hotel/So Cal Assoc of Governments Conference/PG 5/1-5/2 7052 5/10/24 $ 492.50 15245 2170 - US BANK $ 59.00
Reg/First Aid/CPR/AH 5/21 7072 5/10/24 $ 59.00
15246 2170 - US BANK $ 474.08
Storage Racks(2)/Lexington Park 4/18 7667 5/10/24 $ 474.08 15247 2170 - US BANK $ 42.45
Food/Cypress Art League Reception 4/18 7667(A) 5/10/24 $ 42.45 15248 2170 - US BANK $ 4.00
Sub/OC Register Online/JD 5/1-5/29 7667(B) 5/10/24 $ 4.00 15249 2170 - US BANK $ 48.47
Photo Backdrop(1)/Commissioner Appreciation Reception 4/24 7667(C) 5/10/24 $ 48.47 15250 2170 - US BANK $ 51.17
Supplies/Sr Commissioner Appreciation Reception 5/9 7667(D) 5/10/24 $ 51.17 15251 2170 - US BANK $ 72.38
Picture Frames(4)/Maint Yard 4/19 8723 5/10/24 $ 72.38
15252 2170 - US BANK $ 120.78
Picture Matting(9)/Maint 4/25 8723(A) 5/10/24 $ 120.78
15253 2170 - US BANK $ 62.76
Natural Gas(30.77 Gls)/Sweeper 4/22 8723(B) 5/10/24 $ 62.76 15254 2170 - US BANK $ 475.49
Communication Switches(2)/PS #2 4/17 8731 5/10/24 $ 475.49

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Cypress City CouncilJune 24, 2024

Cypress City Council
June 24, 2024