Cypress City Council
October 14, 2024

8/1/2024
Work Order Signature Document

3.00 Detailed Scope of Work
To: Bill LaMontagne From: Baruc Bravo
Rite-Way Roofing Corporation
15426 Arrow Route
Fontana, CA 92335
909-350-8490
City of Cypress
5275 Orange Avenue Cypress,
CA 90630
(714) 229-6747
Work Order Number:

Date Printed: August 01, 2024
131436.00
Work Order Title: City Hall and Police Department Roofing Project Brief Scope:

Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached
Subject to the terms and conditions of ezIQC Contract CA-R8-RW-101723-RWR.

Contractor Date
City of Cypress Date

8/1/2024
Scope of Work
7/31/24
1 of 3 Owners Initials_______
Rite-Way Roof Corporation
Commercial Roof Services- CA License # 661941 C-39
15425 ARROW RT. FONTANA, CA. 92335 * 909-350-8490 * FAX 909-350-8477 Scope Of Work For:

City of Cypress
Police Dept. & City Hall Bldg.

Attn.:

Property: 5275 Orange Ave.

Cypress, CA 90630
PVC Roofing System
Prices based on Prevailing wage rates during normal working hours between 6am and 6pm, no weekend or after hour work has been figured. Based on good access to building over South fire access road for demo, load, and staging next to building in Parking lot.

1.1-Contractor will supply all necessary labor, materials, and equipment to complete the following installation of a new PVC roof at low slope area per manufacturer’s specifications as follows:

1.1 Scope Includes:
• Set up Pedestrian protection walk way coverings at (3) areas over entry points as discussed on job walk.
• Remove existing (approximately 40,200 sf) one layer of Built-up roofing over wood deck and (approximately 6,200 sf) wall flashing roofing material, approximately 46,400 total sq. ft. including wall flashings, down to deck and haul away all debris. Remove approximately 1720’ lf. of existing metal parapet cap flashing metal and haul away as trash. All existing wood nailers to be re-used. • Remove and replace up to 10% of existing roof sheathing as needed for contingency.

Approximately 40,300 sq ft. of ½” CDX exterior grade plywood. Unused decking will be credited back.
• Install new tapered Expanded Polystyrene (EPS) crickets to the roof. • Install new retrofit drains to all (19) existing drain locations and (6) overflows. • Mechanically attach (approximately 4800 square feet) one (1) layer of 1/2” Dens Deck Prime cover-board over areas of and tapered insulation per manufactures specifications. • Mechanically attach (approximately 35,400 square feet) one (1) layer of 1/2” High Density Polyisocyanurate cover-board over areas of wood deck per manufactures specifications. • Fully adhere (approximately 40,200 square feet) one (1) layer of 60-mil. PVC single-ply roof membrane per manufacturer’s specifications to the field of the roof. • Fully-adhere (approximately 6,200 square feet) one (1) layer of 60-mil PVC single-ply membrane at all vertical walls and curb flashings with low VOC bonding adhesive. • Flash, exhaust fans, A/C curbs, A/C duct curbs, and pipe penetrations per manufacturer’s specifications. Seal and caulk all terminations.
• Approximately 800’ lf. of aluminum termination bar installed and sealed per manufacturer’s specifications.
• Install approximately 1570’lf of new 12” stretch out and 150’ lf. Of 24” stretch out 24 ga.

Kynar finished coping metal with 22 gauge cleat at parapet wall per manufacturer’s specifications.
7/31/24
2 of 3 Owners Initials_______
• Install approximately 60’ linear feet of new 8” stretch out - 24 gauge PVC coated clad metal drip edge.
• Install (14) new PVC coated clad metal through wall scupper overflows per manufacturer’s specifications.
• Up to 180’ lineal feet of walk-pads are included in bid to be install at roof access hatch and around serviceable HVAC units and where existing walk pads are located per manufacturer’s specifications.
• Install (140) new Dura-blok pipe supports to roof top pipes as needed. Please note that some existing Durablocks will be re-used. All existing wood blocks and other deteriorated or damaged blocks will be replaced with new.
• Supply a 2-year contractor workmanship warranty.
• Supply a 20-year manufacturer’s NDL warranty.

Exclusions: Abatement and or testing of any kind, Light weight insulating concrete of any kind, Lead sheets or Lead flashings (not needed on single ply roofs), Stainless Steel flashings, Copper Flashings, Gutters, Leader heads, Down spouts, Splash pans or blocks, Solar panel Removal or Reinstallation, Skylights, Deck replacement beyond allowance stated above, Wood Nailers, Wood Blocking, Raising of any equipment curb or platform, Supply or install of Roof hatch, Roof accessories, Vapor barrier, Expansion joints, Waterproofing, Electrical Work of any kind, Deck Wall or Traffic Coatings, Any mechanical work including disconnect and reconnect, Duct repair or sealing, Raising or lowering of any HVAC equipment, Damage to any copper line sets during lifting of any HVAC in order to install roofing Under Equipment, Interior Damages, Interior protection, Temporary Roofing of any kind, Water testing, Scaffolding other than what is mentioned above, Over time Wages , Permit fees, and Shop Drawings other than manufactures standard detail drawings.  LIC#: 661941
 CLASSIFICATIONS: C-39
 SMALL BUSINESS CERTIFIED CONTRACTOR #38907.
 PWCR# (DIR): 1000001946
Roof Diagram
7/31/24
3 of 3 Owners Initials_______
Notes:

1. All Safety Standards per CAL/OSHA will be adhered to. Any additional safety requirements beyond CAL/OSHA standards may result in an additional surcharge.

2. Prices are good for 30 days from the bid date unless otherwise noted.

3. All work to be completed in a workmanlike manner according to standard practices.

4. Overtime requirements due to inclement weather, other trade delays and/or delays not related to Rite-Way Roof are not included in this price.

5. Our price to perform this work includes all applicable insurance, taxes, labor, material and equipment.

6. Due to insurance and safety concerns, no work will be performed during inclement or adverse weather conditions i.e., rain or severe wind.

7. Clean up and haul off all our roofing debris.

8. Owner acknowledges that, while contractor may make observations about the general condition of the roof(s) being serviced, nothing in this agreement creates any obligation on the part of contractor to warn, advise or make recommendations to owner concerning conditions observed other than the immediate area(s) repaired by contractor.

9. Above pricing is based off being able to re-use all existing material that needs to be removed for the new roofing installation, no new metal roofing has been included in the price, if the panels cannot be removed without being damaged, additional costs for new material will need to be approved through a change order, RWR will not be responsible for the additional cost.

Rite-Way Roof Corporation Owner or Representative:

By: ___________________ By: ________________________
Bill LaMontagne, Vice President Title _______________________

4.00 Contractor's Price Proposal - Summary
Owner PO #:

City Hall and Police Department Roofing Project
131436.00
IQC Master Contract #: CA-R8-RW-101723-RWR
Work Order #:

Title:

Re:

Date: August 01, 2024
Proposal Value:

Contractor: Rite-Way Roofing Corporation
$934,418.98
Section - 01 General Requirements $88,951.27
Section - 06 Wood, Plastics, and Composites $25,379.36
Section - 07 Thermal and Moisture Protection $806,618.70 Section - 23 HVAC $13,469.65
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$934,418.98
The Percentage of NPP on this Proposal: %

8/1/2024
Contractor's Price Proposal - Summary

5.00 Contractor's Price Proposal - Detail
City Hall and Police Department Roofing Project
131436.00
IQC Master Contract #: CA-R8-RW-101723-RWR
Work Order #:

Owner PO #:

Title:

Re:

Date: August 01, 2024
Proposal Value:

Contractor: Rite-Way Roofing Corporation
$934,418.98
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 1 EA $20,114.70
Installation x x = 20,114.70
Quantity Unit Price Factor Total
18,286.09 1.00 1.1000
Reimbursable Bonding Fees: $914,304.28 * 2%=$18,286.09
01 22 23 00 1076 10,000 LB Straight Mast, Rough Terrain Construction Forklift With Full-Time Operator
2 MO $63,799.11
Installation x x = 63,799.11
Quantity Unit Price Factor Total

2.00 23,464.18 1.3595
Material handling, operator req'd only 25% of time. Difficult access roof. 3 01 22 23 00 1076 0035 MOD For Equipment Without Operator, Deduct -$24,187.66 Installation x x = -24,187.66
Quantity Unit Price Factor Total

0.90 -19,768.43 1.3595
4 01 56 26 00 0005 LF Temporary 6' High Chain Link Fence And Posts, Up To 6 Months $992.44 Installation x x = 992.44
Quantity Unit Price Factor Total
100.00 7.30 1.3595
Temporary fencing at staging area for equipment.
5 01 56 26 00 0005 0072 MOD For Each LF Shade Cloth, Add $346.67 Installation x x = 346.67
Quantity Unit Price Factor Total
100.00 2.55 1.3595
01 56 29 00 0003 Installation of Heavy Duty Steel Post And Beam Sidewalk Bridge AssemblyIncludes spanning openings, planking and parapet, lighting, up to 8' wide, up to 8' high, 2 post system.
6 LF $9,728.88
Installation x x = 9,728.88
Quantity Unit Price Factor Total

46.00 155.57 1.3595
Set up of pedestrian protection scaffold at 3 entry and exit locations for duration of project. 01 56 29 00 0012 Monthly Rental Of Over 12' Wide And 8' High, 2 Post System, Heavy Duty Steel Post And Beam Sidewalk Bridge AssemblyIncludes spanning openings , planking and parapet, lighting and maintenance.
7 LF $1,381.44
Installation x x = 1,381.44
Quantity Unit Price Factor Total

46.00 22.09 1.3595
Rental of pedestrian protection scaffold at 3 entry and exit locations for duration of project. 01 56 29 00 0017 Removal Of Heavy Duty Steel Post And Beam Sidewalk Bridge AssemblyIncludes spanning openings, planking and parapet, lighting, up to 8' wide, up to 8' high, 2 post system.
8 LF $2,024.95
Installation x x = 2,024.95
Quantity Unit Price Factor Total

46.00 32.38 1.3595
Removal of pedestrian protection scaffold at 3 entry and exit locations for duration of project.

8/1/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 131436.00
City Hall and Police Department Roofing Project
Section - 01
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
9 EA $2,026.17
Installation x x = 2,026.17
Quantity Unit Price Factor Total

1.00 1,490.38 1.3595
Delivery of fork lift.
01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 10 EA $12,724.57
Installation x x = 12,724.57
Quantity Unit Price Factor Total

13.00 719.98 1.3595
Disposal of demolished roof material + general construction debris Subtotal for Section - 01 $88,951.27
Section - 06
11 06 16 33 00 0004 SF 1/2" Thick CDX Plywood Roof DeckingApplied to wood rafters. $14,471.17 Installation x x = 11,127.45
Quantity Unit Price Factor Total
4,032.00 2.03 1.3595
Demolition 4,032.00 x 0.61 x 1.3595 = 3,343.72
10% plywood contingency for damaged or dry rotted decking discovered during roof removal. 12 06 16 33 00 0004 0006 MOD For Exterior CC Grade Plywood, Add $602.97 Installation x x = 602.97
Quantity Unit Price Factor Total
4,032.00 0.11 1.3595
06 16 33 00 0004 0011 For Selective Replacement <400 (Includes Removal Of Damaged Plywood And Fitting New Plywood To Size), Add
13 MOD $10,688.93
Installation x x = 10,688.93
Quantity Unit Price Factor Total
4,032.00 1.95 1.3595
14 06 16 33 00 0004 0028 MOD For >3,200 To 6,400, Deduct -$383.71 Installation x x = -383.71
Quantity Unit Price Factor Total
4,032.00 -0.07 1.3595
Subtotal for Section - 06 $25,379.36
Section - 07
07 22 16 00 0196 1/2" Thick, R2.5, High-Density Polyisocyanurate Cover Board And Roofing Insulation, Mechanically Fastened
15 SF $137,641.22
Installation x x = 137,641.22
Quantity Unit Price Factor Total
35,400.00 2.86 1.3595
High Density 1/2" Polyisocyanurate coverboard used in all field locations directly over wood deck. 07 22 16 00 0268 3.5" Average Thickness (15.75 Average R-Value), 1/2" Slope, Tapered Expanded Polystyrene Board (EPS), Cold Adhesive Applied 16 SF $42,233.22
Installation x x = 42,233.22
Quantity Unit Price Factor Total
4,714.00 6.59 1.3595
Tapered insulation at cricket areas and behind equipment curbs . Note that there are areas on roof where equipment and piping interferes with cricket height. These areas will be adjusted to work with the equipment that is unable to be moved.

8/1/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 131436.00
City Hall and Police Department Roofing Project
Section - 07
07 51 13 00 0069 Demolish Cap Sheet Surfaced, Built Up Roofing SystemIncludes protective surfacing.
17 SQ $167,239.82
Installation x x = 167,239.82
Quantity Unit Price Factor Total
464.00 265.12 1.3595
Demolition of existing one layer of built up cap sheet roofing including cap sheet on parapet walls. 07 54 19 00 0007 60 Mil, Single Ply Reinforced Polyvinyl Chloride (RPVC) Roofing Membrane, Fully AdheredIncludes adhesive.
18 SQ $225,400.83
Installation x x = 225,400.83
Quantity Unit Price Factor Total
402.00 412.43 1.3595
Remove and replace Single Ply Roof field membrane
19 07 54 19 00 0007 0136 MOD For >200, Deduct -$32,397.65 Installation x x = -32,397.65
Quantity Unit Price Factor Total
402.00 -59.28 1.3595
20 07 54 19 00 0007 0138 MOD For 20 Year Warranty, Add $2,398.16 Installation x x = 2,398.16
Quantity Unit Price Factor Total
252.00 7.00 1.3595
21 07 54 19 00 0015 SQ Acrylic, Polyvinyl Chloride (PVC) Roofing Cleaner/Primer, Price Per Coat $923.64 Installation x x = 923.64
Quantity Unit Price Factor Total

10.00 67.94 1.3595
PVC Cleaner for cleaning seams on PVC.
22 07 54 19 00 0015 0131 MOD For Up To 10, Add $238.18
Installation x x = 238.18
Quantity Unit Price Factor Total

10.00 17.52 1.3595
07 54 19 00 0017 Up To 3" Pipe Diameter, Prefabricated Polyvinyl Chloride (PVC) Pipe Cone/BootIncludes attaching the boot to the membrane, caulking around the pipe and installing a draw band.
23 EA $7,761.11
Installation x x = 7,761.11
Quantity Unit Price Factor Total

80.00 71.36 1.3595
Pipe Boot Flashings installed at all pipes and vents.
24 07 54 19 00 0021 LF 36" Wide, Polyvinyl Chloride (PVC) Walkway Protection Pad $6,891.03 Installation x x = 6,891.03
Quantity Unit Price Factor Total
180.00 28.16 1.3595
Walk way Pad installed per existing walk pad layout.
25 07 54 19 00 0022 SF Polyvinyl Chloride (PVC) Membrane Base Flashing $62,711.02 Installation x x = 62,711.02
Quantity Unit Price Factor Total
6,200.00 7.44 1.3595
Remove and replace Base flashings at wall flashing.
26 07 54 19 00 0023 SF Polyvinyl Chloride (PVC) Membrane Curb Flashing $10,901.83 Installation x x = 10,901.83
Quantity Unit Price Factor Total
900.00 8.91 1.3595
Remove and replace Base Flashings at curbs.
07 54 19 00 0024 Polyvinyl Chloride (PVC) Clad Edge Metal Or Base Flashing20 Mil polyvinyl chloride (PVC) membrane laminated to 24 gauge galvanized steel. 27 SF $2,765.22
Installation x x = 2,765.22
Quantity Unit Price Factor Total
200.00 10.17 1.3595
Clad Metal drip edge metal at edge detail as needed, and through wall scuppers. 07 54 19 00 0039 8" Polyvinyl Chloride (PVC) Membrane Cover Strip (Sika Sarnafil® Coverstrip)Includes aluminum tape.
28 LF $672.95
Installation x x = 672.95
Quantity Unit Price Factor Total
100.00 4.95 1.3595
Cover strip used to strip in clad metal edge.

8/1/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 131436.00
City Hall and Police Department Roofing Project
Section - 07
07 54 19 00 0049 6" Diameter, Seamless Heavy-Duty Aluminum Roof Drain (Sika Sarnafil® Sarnadrain With U-Flow®)
29 EA $36,223.20
Installation x x = 36,223.20
Quantity Unit Price Factor Total

25.00 1,065.78 1.3595
Closest Line item to New Retrofit drains installed at all drain locations. Includes 19 drains and 6 overflows. 07 54 19 00 0050 Inside Corner, Prefabricated Polyvinyl Chloride (PVC) Membrane Flashing (Sika Sarnafil® Sarnacorners - Inside)
30 EA $1,469.02
Installation x x = 1,469.02
Quantity Unit Price Factor Total

52.00 20.78 1.3595
Pre-molded inside PVC corners installed @ inside corners and sump drain areas on roof. 07 54 19 00 0051 Outside Corner, Prefabricated Polyvinyl Chloride (PVC) Membrane Flashing (Sika Sarnafil® Sarnacorners - Outside)
31 EA $5,424.08
Installation x x = 5,424.08
Quantity Unit Price Factor Total
192.00 20.78 1.3595
Pre-molded outside PVC corners installed @ equipment curbs on roof. 32 07 59 00 00 0002 LF Membrane Roofing Termination BarIncludes fasteners and caulking. $5,046.46 Installation x x = 5,046.46
Quantity Unit Price Factor Total
800.00 4.64 1.3595
Aluminum Termination bar at all counter flashed and vertical terminations. 33 07 62 13 00 0032 SF 24 Gauge, 0.028" Thick, Galvanized Steel Flashing $9,635.18 Installation x x = 0.00
Quantity Unit Price Factor Total

0.00 12.72 1.3595
Demolition 1,870.00 x 3.79 x 1.3595 = 9,635.18
Demo of existing parapet wall flashing metal.
07 71 13 00 0004 >14" To 16" Wide (Stretch-out), 24 Gauge, KYNAR 500® Finish, Galvanized Steel Coping System With Galvanized Steel Cleats
34 LF $74,725.87
Installation x x = 74,725.87
Quantity Unit Price Factor Total
1,570.00 35.01 1.3595
New Kynar finished Coping cap on top of Parapet walls. Standard colors only. 35 07 71 13 00 0004 0556 MOD For >1,000 LF, Deduct -$853.77 Installation x x = -853.77
Quantity Unit Price Factor Total
1,570.00 -0.40 1.3595
07 71 13 00 0006 >22" To 30" Wide (Stretch-out), 24 Gauge, KYNAR 500® Finish, Galvanized Steel Coping System With Galvanized Steel Cleats
36 LF $9,462.12
Installation x x = 9,462.12
Quantity Unit Price Factor Total
150.00 46.40 1.3595
New Kynar finished Larger Coping cap on top of Parapet walls. Standard colors only. 07 73 00 00 0021 1/2" Thick, Surface Primed, Fiberglass Mat Faced, Moisture Resistant Gypsum Core, Roof Protection Board, Mechanically Fastened (Georgia-Pacific DensDeck® Prime)
37 SF $26,689.70
Installation x x = 26,689.70
Quantity Unit Price Factor Total
4,800.00 4.09 1.3595
Coverboard installed over areas of tapered insulation only per specifications. 38 07 92 13 00 0034 CLF 1/4" x 1/4" Joint, Polyurethane Sealant And Caulking $3,416.26 Installation x x = 3,416.26
Quantity Unit Price Factor Total

8.00 314.11 1.3595
Sealant at counter flashing, term bar, and Coping Metal Joints.

Subtotal for Section - 07 $806,618.70
Section - 23

8/1/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 131436.00
City Hall and Police Department Roofing Project
Section - 23
23 05 29 00 0629 5" x 6" x 9.6" Rooftop Support Base With 14 Gauge Galvanized Channel (Cooper B-Line Dura-Blok DB10)
39 EA $13,469.65
Installation x x = 13,469.65
Quantity Unit Price Factor Total
140.00 70.77 1.3595
Pipe Supports for roof mounted piping. Note that not all existing pipe supports will be new. Some existing supports in good condition will be re-used. Only 140 supports figured to replace wood blocks and damged or deteriorated
Subtotal for Section - 23 $13,469.65
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$934,418.98
The Percentage of NPP on this Proposal: %

8/1/2024
Contractor's Price Proposal - Detail
01405.0006/857127.1 B-1

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Agreement Template)

EXHIBIT C

FAITHFUL PERFORMANCE BOND

SEE ATTACHED
Bond No. __________________

EXHIBIT D

LABOR AND MATERIALS PAYMENT BOND

SEE ATTACHED
Bond No. _________________
__________________

EXHIBIT E

INVOICE FORM

SEE ATTACHED
September 17, 2024
Daniel Co
Assistant City Engineer
City of Cypress
Public Works Engineering
SUBJECT: PROPOSAL TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE CITY HALL AND POLICE DEPARTMENT ROOF RECOATING, PROJECT 393
Dear Mr. Co,
FCG Consultants, Inc. is pleased to present our proposal to the City of Cypress to provide professional part-time construction inspection services for the City Hall and Police Department Roof Recoating, Project 393 in accordance with Attachment “A” – Scope of Services and Attachment “B” – Schedule of Compensation. All work will be completed pursuant to the City of Cypress On-Call Construction Management and Inspection Services Contract dated July 1, 2024.

We look forward to partnering with the City on this project. If there are any questions regarding this proposal, please contact me at (714) 312-0317 or [email protected] with any questions you may have.

Sincerely,
Maha Fakhouri
President / CEO
City Hall and Police Department Roof Recoating, Project 393 City of Cypress September 17, 2024

ATTACHMENT “A”

SCOPE OF SERVICES
The scope of services includes part-time inspection services and project controls to assist our inspector in the field.

Below is a list of services included in this proposal:

Construction Management (Optional):
• Preconstruction services including pre-job meeting, coordination, and establishing construction processes (RFI, Change Order, Work Schedule, progress pay, maintaining as-builts, etc.) • Construction progress/coordination including weekly meetings, monitoring schedule, project budget, project RFIs, change orders, progress payments, monitor stormwater BMPs, and special meetings as required.
• Utility coordination, monitoring of construction schedules, shop drawing review, submittal review, public notification, public complaint resolution, traffic coordination, coordination with other City departments, interpretation of PSE, analysis of changed conditions, development of corrective actions, negotiation of change orders, and other related services.
• Provide project inspection, field visits, pre-construction job walks, emergency and night inspections, coordinate testing, and conduct observation to ensure adherence to project plans and specifications and provide QA/QC.
• Document tracking and control including RFIs, submittals, change orders, correspondence, field orders, project schedules, weekly statement of working days, progress payments, meeting agendas & minutes, progress reports, test results, claims, inspection daily logs, time & material reporting, photo records, and project closeout.

Construction Inspection:
• Represent the City’s interests with the overall construction inspection of this project. • Monitor the contractor's compliance with the project contract, specifications, and National Pollutant Discharge Elimination System (NPDES).
• Assist City staff with public relations, including distributing construction notices and responding to inquiries of residents and the general public.
• Attend the preconstruction meeting and subsequent weekly field meetings, as needed. • Assist the City’s construction manager in monitoring and documenting the contractor’s adherence to the approved construction schedule.
• Be present on the job site when construction is in progress and when inspection is required. Fulltime inspection work is proposed as requested by the City. will not be responsible for observing construction activities that are implemented when its inspector is not scheduled/present on site.
• Provide assistance and direction to technicians performing material tests, as needed. • Measure and verify the project pay item quantities in place. All pay item quantities must be confirmed with the contractor prior to submission of the invoice for payment.

City Hall and Police Department Roof Recoating, Project 393 City of Cypress September 17, 2024

• Review the contractor's invoices.
• Prepare daily inspection reports (Daily Activity Report, Weekly Statement of Working Days, etc.) as required for this project.
• Review traffic control and coordinate adjustments as needed. • Identify items requiring corrective action by either the contractor or the City. Monitor and document timely corrective actions implemented by the contractor. • Develop punch list items and monitor corrections made.

ATTACHMENT “B”

SCHEDULE OF COMPENSATION
City of Cypress
Inspection for
City Hall and Police Department Roof Recoating, Project 393 60 Working-Days Construction Duration
Exclusions to Scope and Fee: The following items are specifically excluded:

1. Night-time/weekend inspection and weekday hours in excess of a regular 8-hour shift that would be subject to overtime pay, unless so authorized in writing by the City

2. Submittal and RFI reviews

3. Special inspections
Role / Name Total
Hours
Hourly
Rate
Extended
Fee
Construction Manager (Optional) 40 $229.68 $9,187.20
Facilities Inspector – Precon to Closeout 272 $149.29 $40,606.88 Total Estimated Fee $49,794.08
Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-RW-101723-RWR
Service Type: Roofing/Waterproofing
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Rite-Way Roof Corporation, 15425 Arrow Route, Fontana, CA 30211 (Contractor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.

The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Service Region.

I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of December 6, 2023 or the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.

II. REGION AND SERVICES
The Contractor’s Region is: Region 8. The Contractor’s IDIQ construction service type is:

Roofing/Waterproofing. The Contractor has agreed to perform work outside the Region.

III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.

A. Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.3595. 





 


 





Rev. 4/2021 Sourcewell IFB #CA-101723
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California

B. Other Than Normal Working Hours – Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.6314.

C. Secured Facilities/OSHPD Prevailing - Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 2.2513.

D. All Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.3595.

E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.2973.

VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.

B. The Contractor’s Authorized Representative is Jeff Hughes. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.

Sourcewell Rite-Way Roof Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Jeff Hughes
Title: Chief Procurement Officer Title: President
Date: Date:






 


 







 

 

 


CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 9.

FROM: Nick Mangkalakiri, Acting Director of Public Works DATE: 10/14/2024
SUBJECT: Award Contract for the Street Sweeper Repairs

RECOMMENDATION

1. Authorize informal bidding for street sweeper repairs as permitted under Municipal Code Section 21A-10(f);

2. Award a contract to Los Angeles Truck Centers, LLC - LA Freightliner for $29,449.01 for street sweeper repairs; and

3. Approve an appropriation increase of $29,450 in the Central Services Fund.

DISCUSSION
One of the City's two street sweepers recently failed and requires major repairs to its cooling system. To ensure the street sweeping program can continue uninterrupted, an informal bidding process for the repairs is recommended under Municipal Code Section 21A-10(f). A formal bidding process would delay the repairs by several weeks. Public Works requested quotes from four qualified vendors, received three bids, and identified Los Angeles Truck Centers, LLC as the lowest responsible bidder per the attached. Los Angeles Truck Centers has already completed minor external repairs, diagnosed the cooling system failure, and expects to complete the repairs in 15 days.

BUDGET IMPACT
The Budget includes funding for routine and recurring street sweeper maintenance. Because the need for major repairs is unpredictable, they are not included in the Budget, but sufficient funding for repairs has been accumulated in the Central Services Fund.

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

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

The project is for the repairs of the 2017 Freightline M2 Sweeper.

Project Location: Los Angeles Truck Center; 13800 Valley Blvd, Fontana, CA 92335
Contract Working Days: 15 days; Once all parts are made available.

Notice Inviting Bids Sent to: Westrux International Truck Centers, Los Angeles Truck Center, BP Ford of Long Beach, and Caruso
Ford.

Bid Opening Date: October 16, 2024
No. of Bid Packets Requested: 1
Bidders Amount

1. Los Angeles Truck Centers, LLC; Pasadena, CA $29,449.01

2. BP Ford of Long Beach; Long Beach, CA $32,500.00

3. Caruso Ford; Long Beach, CA $33,800.00
Apparent Low Bidder: Los Angeles Truck Centers, LLC; Pasadena, CA Qualified to Perform Work: Yes. Staff confirmed bid was responsive.

Experience:

The apparent low bidder is experienced with this type of work and has provided service to the City since 2020.
01006-0001/301444.1
A-1

CITY OF CYPRESS

AGREEMENT FOR CONTRACT SERVICES FOR
STREET SWEEPER MAIN ENGINE REPAIR – UNIT 138
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 Los Angeles Truck Centers, LLC – LA Freightliner (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 Twenty Nine Thousand Four Hundred Forty-Nine Dollars and One Cent ($29,449.01) (“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.

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 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) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

4. COORDINATION OF WORK

4.1 Representative of Contractor. ____________________________ 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. Director of Public Works [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, 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 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 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 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.

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 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.

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.

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 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.]
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:

Los Angeles Truck Centers, LLC – LA
Freightliner
______________________________________
______________________________________
By: __________________________________
Name:

Title:

By: __________________________________
Name:

Title:

Address: ______________________________
______________________________
______________________________
EXHIBIT “A”

SCOPE OF SERVICES
All work shall include tools, labor, materials, and equipment to complete the following repairs:
• Replace cab control modules;
• Replace required wiring;
• Replace connectors;
• Replace exhaust coolers;
• Replace cylinder head;
• Replace ERG valve;
• Replace thermostat;
• Rebuild overhaul kit;
• Replace seals;
• All necessary diagnostics to confirm operation status of the unit 301444.9 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
For any work not listed on Exhibit A – Scope of Services or Exhibit C – Schedule of Compensation, the Contractor shall obtain written approval from the Contract Officer prior to proceeding.

C-1
301444.9
EXHIBIT “C”

SCHEDULE OF COMPENSATION
No. Qty
Items of Work
(Please Print Unit Prices Written in Words) Total

1. 1
(1) Replace Cab Control Modules, Wiring, Connectors
LS $ 29,449.01 (2) Replace Exhaust Coolers, Cylinder Head, ERG Valve, Thermostat, Rebuild Overhaul Kit, Seals
(3) All Necessary Diagnostics, Parts, Labor, and Taxes
ITEMS 1 TOTAL ANNUAL AMOUNT OF BID: $ 29,449.01
D-1
301444.9
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
All work shall be completed within fifteen (15) working days upon issuance of the Notice to Proceed from the Contract Officer.

CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 10.

FROM: Nick Mangkalakiri, Acting Director of Public Works DATE: 10/14/2024
SUBJECT: Approve an Appropriation Increase for Custodial Services

RECOMMENDATION

1. Increase appropriations in the General Fund by $32,622 for custodial contract services; and

2. Increase appropriations in the Central Services Fund by $7,800 for custodial contract services.

DISCUSSION
On June 26, 2024, the City Council approved three two-year contracts for custodial services at City Facilities, Recreation and Park Facilities, and Park Restrooms totaling $296,220 annually. The FY 2024-25 Budget was prepared prior to the award of the contract and included appropriations for custodial services based on the best available estimates and previous contract amounts. However, while the amounts included in the budget by Public Works accounted for increased costs, the budget for custodial services was not sufficient to cover the costs associated with the new contracts.

As a result, the June agenda report for the custodial contract awards incorrectly stated that sufficient funds were budgeted in FY 2024-25, but there was actually a shortfall. The adopted budget for custodial services was $250,128, while the lowest responsible bid received was $296,220, creating a $40,422 shortfall.

Fund Budget Awarded
Contract
Budget
Shortfall
General $185,028 $223,320 $38,292*
Central
Services $65,100 $72,900 $7,800
Total $250,128 $296,220 $46,092
*Due to the new Orange County Library lease agreement, the $5,670 shortfall for library *Due to the new Orange County Library lease agreement, the $5,670 shortfall for library custodial services will not be necessary. As a result, only $32,622 of the budget shortfall is necessary for appropriation.

BUDGET IMPACT
Sufficient amounts are available in the General Fund and the Central Services Fund to pay the $40,422 budget shortfall for FY 2024-25 custodial services. Future budgets will incorporate updated amounts consistent with the contracts awarded in June 2024.

LEGAL REVIEW
None required.

APPROVED BY:  Peter Grant, City Manager
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 11.

FROM: Alicia Velasco, Planning Director
DATE: 10/14/2024
SUBJECT: Approve a Contract Amendment and Task Order for the Business Parks Modernization and Integration Project

RECOMMENDATION

1. Approve a $22,187 contract amendment with CASC Engineering and Consulting for additional services to modernize and integrate the Business Park Specific Plans; and

2. Approve a $15,300 task order with LSA Associates for additional services needed to prepare the Initial Study and Negative Declaration for the Business Parks Modernization and Integration Project; and

3. Appropriate $37,487 of Pandemic Recovery Plan set-asides in the General Fund.

DISCUSSION
In June 2022, the City Council approved a $199,916 agreement with CASC Engineering and Consulting to modernize and integrate the Business Park Specific Plans, and a $60,300 task order with LSA Associates for environmental review. The project was funded using Pandemic Recovery Plan set-asides for business recovery and support, and consolidates five Business Park Specific Plans into one document with uniform development standards.

The project has experienced two changes to its scope - both outside the city's control. First, a Business Park landowner (Warland Investments Company), requested the specific plans that apply to its proprieties be set aside from the modernization. Accommodating Warland's request requires revising the project scope and analysis. Second, as part of the State-mandated Housing Element update, residential uses were added to certain Business Park properties (north side of Katella Avenue and Siboney Street). This addition requires updating the project's environmental analysis and land use section. To keep the project on track, two amendments and a $37,487 appropriation are recommended.

BUDGET IMPACT
$1 million was set-aside in the Pandemic Recovery Plan for Business Recovery and Support $1 million was set-aside in the Pandemic Recovery Plan for Business Recovery and Support Programs. Approximately $113,000 of the set-aside remains available to complete the project.

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

APPROVED BY:  Peter Grant, City Manager
Attachments
First Amendment to Agreement for Contract Services
Task Order Amendment

FIRST AMENDMENT TO AN AGREEMENT FOR CONTRACT

SERVICES BY AND BETWEEN THE CITY OF CYPRESS AND CASC

ENGINEERING AND CONSULTING
This FIRST AMENDMENT to the Agreement for Contract Services By and Between the City of Cypress and CASC Engineering and Consulting is entered into effective the __ day of _____, 2024, (“First Amendment”) by and between the City of Cypress, a charter city and California municipal corporation (“City”) and CASC Engineering and Consulting (“Contractor”)(collectively, the “Parties).

RECITALS
A. WHEREAS, on the 13th day of June, 2022, City and Contractor entered into that certain “Agreement for Contract Services By and Between the City of Cypress and CASC Engineering and Consulting” (“Agreement”) in which Contractor agreed to modernize and integrate the City’s Business Park Specific Plans; and
B. WHEREAS, the parties desire to increase the Contract Sum by this First Amendment to cover unforeseen challenges.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties agree as follow:

AGREEMENT

1. Section 2.1. Contract Sum of the Agreement is hereby amended, increasing the Contract Sum by $22,187, to read, in its entirety, as follows:
“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 $222,103.00 (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.”

2. Exhibit C. Exhibit C of the Agreement is hereby replaced in its entirety with the attached, revised Exhibit C.

3. This First Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. Except as otherwise modified by this First Amendment, the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment and agree to be bound by the terms and conditions of the same.

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
CONSULTANT:

CASC Engineering and Consulting, Inc.

By:

Name: Richard J. Sidor
Title: President
By:

Name: Michelle E. Furlong
Title: Secretary/Treasurer
Address: 1470 E. Cooley Drive
Colton, CA 92324
Compensation [REVISED 09/19/2024]
Hour $ 210.00 Hour $ 182.00 Hour $ 140.00 Hour $ 116.00 Hour $ 106.00 Hour $ 116.00 Hour $ 195.00 Hour $ 170.00 Hour $ 160.00 Hour $ 265.00 Hour $ 210.00

1.1 Project Kick-Off Meeting 2 $ 420.00 0 $ - 0 $ - 2 $ 232.00 2 $ 212.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 864.00

1.2 Site Visit 1 $ 210.00 0 $ - 0 $ - 4 $ 464.00 4 $ 424.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 1,098.00

1.3 UAS Aerial Observations - Optional* 0 $ - 0 $ - 0 $ - 0 $ - 9 $ 954.00 8 $ 928.00 30 $ 5,850.00 0 $ - 0 $ - 0 $ - 0 $ - $ 7,732.00

1.4 Project Management and Coordination (65) 50 $ 10,500.00 0 $ - 5 $ 700.00 5 $ 580.00 5 $ 530.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 12,310.00 Add #1 Additional Meetings/Coordination (Sept-Dec 2024) 10 $ 2,100.00 0 $ - 14 $ 1,960.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 4,825.00 Add #1 In-Person Working Session 4 $ 840.00 0 $ - 5.5 $ 770.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 1,985.00 53 $ 11,130.00 0 $ - 5 $ 700.00 11 $ 1,276.00 20 $ 2,120.00 8 $ 928.00 30 $ 5,850.00 0 $ - 0 $ - 0 $ - 0 $ - $ 22,004.00 67 $ 14,070.00 0 $ - 24.5 $ 3,430.00 11 $ 1,276.00 20 $ 2,120.00 8 $ 928.00 30 $ 5,850.00 0 $ - 0 $ - 0 $ - 0 $ - $ 28,814.00

2.1 Review Business Park Specific Plans and Related Documents 2 $ 420.00 0 $ - 0 $ - 8 $ 928.00 6 $ 636.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 1,984.00

2.2 Due Diligence Memorandum 4 $ 840.00 0 $ - 0 $ - 45 $ 5,220.00 12 $ 1,272.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 7,332.00

2.3 Economic Analysis (TNDG)

2.3.1 Business Sector Analysis 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 20 $ 5,300.00 43 $ 9,030.00 $ 14,330.00

2.3.2 Real Estate Market Analysis 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 18 $ 4,770.00 45 $ 9,450.00 $ 14,220.00 6 $ 1,260.00 0 $ - 0 $ - 53 $ 6,148.00 18 $ 1,908.00 0 $ - 0 $ - 0 $ - 0 $ - 38 $ 10,070.00 88 $ 18,480.00 $ 37,866.00

3.1 Business Park Advisory Committee (6) 12 $ 2,520.00 0 $ - 0 $ - 12 $ 1,392.00 14 $ 1,484.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 5,396.00

3.2 Public Engagement Workshops (1) - Optional* 4 $ 840.00 0 $ - 4 $ 560.00 4 $ 464.00 8 $ 848.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 2,712.00 * 16 $ 3,360.00 0 $ - 4 $ 560.00 16 $ 1,856.00 22 $ 2,332.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 8,108.00

4.1 Project Identity and Templates - Optional* 2 $ 420.00 0 $ - 0 $ - 0 $ - 45 $ 4,770.00 4 $ 464.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 5,654.00 *

4.2 Conceptual Plans, Diagrams, and Illustrations 2 $ 420.00 0 $ - 0 $ - 0 $ - 65 $ 6,890.00 20 $ 2,320.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 9,630.00

4.2.1 Landscape Graphic Exhibits (NUVIS) 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 25 $ 4,250.00 82 $ 13,120.00 0 $ - 0 $ - $ 17,370.00 Add #1 Additional Budget for Project Description and Exhibits 6 $ 1,260.00 0 $ - 23.5 $ 3,290.00 0 $ - 0 $ - 23.25 $ 2,697.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 7,235.00 4 $ 840.00 0 $ - 0 $ - 0 $ - 110 $ 11,660.00 24 $ 2,784.00 0 $ - 25 $ 4,250.00 82 $ 13,120.00 0 $ - 0 $ - $ 32,654.00 10 $ 2,100.00 0 $ - 23.5 $ 3,290.00 0 $ - 110 $ 11,660.00 47.25 $ 5,481.00 0 $ - 25 $ 4,250.00 82 $ 13,120.00 0 $ - 0 $ - $ 39,889.00

5.1 Master Business Park Specific Plan Outline and Format 4 $ 840.00 0 $ - 0 $ - 8 $ 928.00 8 $ 848.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 2,616.00

5.2 Administrative Draft Master Business Park Specific Plan 20 $ 4,200.00 20 $ 3,640.00 52 $ 7,280.00 96 $ 11,136.00 84 $ 8,904.00 48 $ 5,568.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 40,728.00

5.3 Draft Master Business Park Specific Plan 10 $ 2,100.00 10 $ 1,820.00 32 $ 4,480.00 52 $ 6,032.00 48 $ 5,088.00 36 $ 4,176.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 23,696.00

5.4 Public Review Draft Master Business Park Specific Plan 6 $ 1,260.00 8 $ 1,456.00 18 $ 2,520.00 28 $ 3,248.00 24 $ 2,544.00 24 $ 2,784.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 13,812.00

5.5 Final Master Business Park Specific Plan 4 $ 840.00 4 $ 728.00 10 $ 1,400.00 16 $ 1,856.00 20 $ 2,120.00 12 $ 1,392.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 8,336.00 Add #1 Additional Review Cycles and Response to Comments 8 $ 1,680.00 0 $ - 46 $ 6,440.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 8,142.00 44 $ 9,240.00 42 $ 7,644.00 112 $ 15,680.00 200 $ 23,200.00 184 $ 19,504.00 120 $ 13,920.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 89,188.00 52 $ 10,920.00 42 $ 7,644.00 158 $ 22,120.00 200 $ 23,200.00 184 $ 19,504.00 120 $ 13,920.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 97,330.00

6.1 Public Hearings (2) 8 $ 1,680.00 0 $ - 0 $ - 8 $ 928.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 2,608.00 8 $ 1,680.00 0 $ - 0 $ - 8 $ 928.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 2,608.00

7.1 Preparation of Draft Forms and Procedural Changes 4 $ 840.00 0 $ - 4 $ 560.00 18 $ 2,088.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 3,488.00 * 4 $ 840.00 0 $ - 4 $ 560.00 18 $ 2,088.00 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ 3,488.00 135 $ 28,350.00 42 $ 7,644.00 125 $ 17,500.00 306 $ 35,496.00 354 $ 37,524.00 152 $ 17,632.00 30 $ 5,850.00 25 $ 4,250.00 82 $ 13,120.00 38 $ 10,070.00 88 $ 18,480.00 $ 1,500.00
$ 2,500.00
$ 199,916.00
$ 22,187.00
$ 222,103.00
**Additional Exhibits provided by NUVIS will be billed at $1,380 each. **Computer generated Exhibits provided by NUVIS will range from $2,300 - $3,400 Total
Marketing Specialist GIS Specialist UAS Pilot Principal Senior Associate Principal Subtotal:

Director Senior PM Senior Planner Associate Planner
Task # Task
Task 4 - Graphic Design Identity and Document Layout
Original Task 4 Subtotal:

Task 5 - Draft Master Business Park Specific Plan
Original Task 5 Subtotal:

Task 6 - Public Hearings
Subtotal:

Task 1 - Project Management
Original Task 1 Subtotal:

Task 2 - Research and Data Gathering
Senior Associate

CASC ENGINEERING NUVIS NATELSON DALE
Task 7 - Draft Forms/Procedural Changes - Optional*
Subtotal:

Task 3 - Community Outreach (Virtual)
Subtotal:

REVISED Task 1 Subtotal:

REVISED Task 4 Subtotal:

REVISED Task 5 Subtotal:

ADDENDUM #1:

REVISED CONTRACT AMOUNT:

Total Per Staff Member:

Administration Costs:

Direct Costs:

ORIGINAL CONTRACT AMOUNT:

REQUEST FOR B UDGET INCREASE
J ULY 2024

CYPRESS BUSINESS P ARK INTEGRATION AND MODERNIZATION P ROJECT

CYPRESS , CA
\\aznasunifiler1\projects\CCP2201.02\ADMIN\Scope, Budget\Cypress_Business_Park_Budget_Increase_Req_240719.docx (07/19/24) 1

CYPRESS BUSINESS PARK INTEGRATION AND MODERNIZATION PROJECT

BUDGET INCREASE

OUT OF SCOPE WORK
The following Tasks below describe LSA’s Out of Work Services for the preparation of the environmental document.

Task 1.0: Out of Scope of Work
• Task 1.1: June 2022 – Original project schedule assumed 7 months. The project has now gone beyond two years. This requires additional project management time. • Task 1.2: January 2024 - LSA participated in an unplanned coordination call with City staff to discuss proposed zoning code amendments and potential changes to development standards within the proposed specific plan.
• Task 1.3: February 2024 – LSA conducted out of scope research on potential implications of eliminating the maximum building square footage applicable to portions of the specific plan area. It was ultimately determined to eliminate building square footage while maintaining maximum floor area ratio (FAR) provided for in General Plan. • Task 1.4: March 2024 – Out of scope changes to residential development capacity of Cypress City Center project site to match the residential density that was actually developed in the Shea project.
• Task 1.5: April 2024 – Out of scope research and documentation of existing minimum setback requirements for Cypress View Limited Specific Plan, Lusk Cypress Industrial Park, Cypress Corporate Center Master Plan, Cypress Corporate Center Amended Specific Plan, and McDonnell Center Amended Specific Plan.
• Task 1.6: April 2024 – Out-of-scope review of the proposed permitted land uses in the new Cypress Business and Professional Center Specific Plan. • Task 1.7: June 2024 – Out of scope analysis of “Restaurants with Drive Thru” traffic impacts.

OUT OF SCOPE WORK FEE ESTIMATE
LSA has assessed that the Out of Scope Work specified above in Task 1.0, totals to an estimated $6,000, as detailed in Table A, below. This represents an increase of $6,000 from our initial budget of $60,300, resulting in a revised total budget of $66,300.

REQUEST FOR B UDGET INCREASE
J ULY 2024

CYPRESS BUSINESS P ARK INTEGRATION AND MODERNIZATION P ROJECT

CYPRESS , CA
\\aznasunifiler1\projects\CCP2201.02\ADMIN\Scope, Budget\Cypress_Business_Park_Budget_Increase_Req_240719.docx (07/19/24) 2 Table A: Out of Scope Fee Estimate
Task Estimate
Task 1.0: Out of Scope of Work
Task 1.1: June 2022 $1,800
Task 1.2: January 2024 $400
Task 1.3: February 2024 $1,000
Task 1.4: March 2024 $1,500
Task 1.5: April 2024 $450
Task 1.6: April 2024 $400
Task 1.7: June 2024 $450
Total for Task 1: Out of Scope of Work $6,000
Previously Approved Budget $60,300
TOTAL $66,300
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 12.

FROM: Peter Grant, City Manager
DATE: 10/14/2024
SUBJECT: Adopt the Strategic Plan and Six Month Objectives

RECOMMENDATION
Adopt the Strategic Plan and six month objectives.

DISCUSSION
The City Council establishes major City goals and objectives through its strategic planning process and the Strategic Plan is the primary tool by which the City Council improves services and preserves Cypress' high quality of life. It guides budget development and is the foundation by which the City manages program objectives, implementation and accountability.

The City Council met on September 17 to review the Strategic Plan, develop new six-month objectives, and discuss the City's strengths and accomplishments during the past six months. The Strategic Plan and six-month objectives are attached.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY:  Peter Grant, City Manager
Attachments
Six-month Objectives
Strategic Plan and Accomplishments - September 2024

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

SIX -MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 0 2 4 – M a r c h 2 0 2 5
Updated: October 9, 2024 A
THREE-YEAR GOAL: MAINTAIN INFRASTRUCTURE AND FACILITIES

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. February 24, 2025 Public Works Director Recommend options to modernize the Executive Board Room

2. December 20, 2024 Public Works Director Recommend a strategy and funding to increase sustainability in the City’s civilian vehicle fleet to the City Manager

3. March 10, 2025 Public Works Director Recommend options for streamlining capital improvement projects to increase efficiency and contain costs

4. November 30, 2024 Public Works Director
& Planning Director
Issue a Request for Proposals for Building Inspection
and Plan Check Services

5. Ongoing Public Works Director
& Finance Director
Pursue outside funding to offset the cost to replace
Myra Avenue pump station No. 1

6. FUTURE Public Works Director Recommend an agreement to undertake an organizational and best practices review of the Public
Works department

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

SIX -MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 0 2 4 – M a r c h 2 0 2 5
Updated: October 9, 2024 B

MAINTAIN FINANCIAL STABILITY AND PROMOTE ECONOMIC ACTIVITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. February 10, 2025 Planning Director Recommend updates to the Lincoln Avenue Specific Plan to implement the Housing Element

2. January 13, 2025 Finance Director Present a Pandemic Recovery Plan update to the City Council

3. January 27, 2025 Planning Director Recommend an agreement for the development of an Economic Development Strategy

4. March 10, 2025 Planning Director Recommend the Business Park Specific Plan Modernization
Will move forward
upon completion of
the regulatory review
of a private Business
Park project

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

SIX -MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 0 2 4 – M a r c h 2 0 2 5
Updated: October 9, 2024 C
THREE-YEAR GOAL: ENHANCE AND MAINTAIN PUBLIC SAFETY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. By February 28,
2025
Police Chief working
with an ad hoc
subcommittee
Explore a campus safety partnership with Cypress
School District

2. By February 28,
2025
Police Chief Provide Emergency Operations Center training to all City staff

3. January 6, 2025 Police Chief working
with Anaheim Union
High School District
Develop an e-bike safety initiative with Lexington
Junior High School, Cypress High School and Oxford
Academy

4. February 12, 2025 Police Chief working
with RCS Director
Present a safety education and fraud prevention
program (PACE for Seniors) to the Senior Citizens
Commission

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

SIX -MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 0 2 4 – M a r c h 2 0 2 5
Updated: October 9, 2024 D
THREE-YEAR GOAL: ENHANCE RECREATION FACILITIES AND PROGRAMS

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. February 14, 2025 RCS Director Develop a RCS Foundation sponsorship program

2. November 12, 2024 RCS Director Recommend updates to the Non-Profit Grant Program policy

3. Spring 2025 RCS Director & PW
Director
Hold a grand opening celebration for Arnold Cypress
Park

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

SIX -MONTH STRATEGIC OBJECTIVES
S e p t e m b e r 2 0 2 4 – M a r c h 2 0 2 5
Updated: October 9, 2024 E
THREE-YEAR GOAL: MAINTAIN HIGH QUALITY AND HIGH VALUE SERVICES FOR THE COMMUNITY

WHEN WHO WHAT STATUS COMMENTS
DONE
ON

TARGET REVISED

1. November 12, 2024 Finance Director Recommend updates to purchasing thresholds based on analysis of other OC cities

2. February 24, 2025 Finance Director Recommend an agreement for sales tax audit services

3. By January 25, 2025 City Council & City
Manager
Conduct a teambuilding workshop with the 2025 City
Council

4. January 13, 2025 City Clerk Recommend creating an ad hoc subcommittee to advise the development of questions for the 2025
Community Survey

5. By March 15, 2025 Finance Director, IT
Manager & Police
Chief
Present an updated Business Continuity Plan to the
City Manager

6. Ongoing City Manager & City
Clerk working with
Communications LAB
Complete Phase 1 of the rebranding process

7. FUTURE Planning Director &
RCS Director
Recommend adjustments to align City and RCS
District boundaries through the Local Agency
Formation Commission
City of Cypress
Strategic Planning Retreat
September 17, 2024
Follow-up Report
Facilitated by: Marie Knight, Owner of Knight Leadership Solutions

CITY OF CYPRESS VISION STATEMENT
Cypress is a safe and welcoming community delivering excellent services for our residents, neighborhoods, and businesses

CITY OF CYPRESS MISSION STATEMENT
The City of Cypress, guided by our core values, will utilize our resources in concert with community partners to provide an exceptional city to live, work, and play

CORE VALUES
The City of Cypress Core Values
● Integrity
● Accountability
● Transparency/Fiscal Prudence
● Teamwork
● Responsiveness to the Community
THREE-YEAR GOALS 2023-2026 (not in priority order)
● Maintain infrastructure and facilities
● Maintain financial stability and promote economic activity ● Enhance and maintain public safety
● Maintain high quality and high value services for the community ● Enhance recreation facilities and programs
Prouds: Accomplishments/Achievements in the last 6 months:
• Joint meeting with the City Council and Commissions
• Calling first City Council district elections
• Citizens Academy
• Workplace safety training
• Business Development Program – Phase 2
• Seizing opportunities and pivoted when needed to accomplish objectives • Net File campaign finance reporting
• Outstanding financial condition
• Ranked 19th safest city in California
• Working with Congresswoman Steele to secure Myra Pump Station funding • No talk of increased sales tax
• Delivered successful events, including a new National Night Out • Recognizing veterans and residents
• Adopting balanced budget
• Restored Measure M2 funding eligibility sooner than anticipated • GFOA award for financial statements and budget
• Commissioner recruitment
• Closed captioning of City Council meetings
• Robust community engagement for Measure S
• Housing Innovation Award for The Square
• Three-year labor agreements with two employee associations • Hired five full-time employees
• Settled the K9 bite case
• Automated license plate reader technology installed in Police patrol vehicles • Extended OC Public Library lease
• Expanded the list of City Council meeting invocation speakers • Placed Measure S (the Housing Element implementation) on the ballot • Shared civic center parking lot with Oxford Academy to facilitate its solar panel project
• Progress on Arnold Cypress Park
• Police department’s body worn cameras
• Paying down unfunded pension liability and growing the pension trust • Being a business-friendly city and attracting quality, successful businesses • Partnering on projects with neighboring cities
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 13.

FROM: Fred Galante, City Attorney
DATE: 10/14/2024
SUBJECT: Receive and File a Settlement Agreement with Fortis LLP Pursuant to a California Public Records Act Request and Approve a Resolution that Acknowledges and Agrees that Council Member Frances Marquez Violated the Public Records Act

RECOMMENDATION

1. Receive and file a settlement agreement with Fortis LLP pursuant to a California Public Records Act Request and Orange County Superior Court Case No. 30-2022-01277792-CU-WM-CJC; and

2. Appropriate $12,627 from the General Fund undesignated fund balance to pay Fortis LLP; and

3. Approve a Resolution that acknowledges and agrees that Frances Marquez violated the Public Records Act and that Fortis LLP is the prevailing party in its Petition to enforce its Public Records Act Request and had good cause for bringing its Petition given Frances Marquez’s ongoing failures to comply.

DISCUSSION
The settlement agreement and Resolution resolve a lawsuit from Fortis LLP that resulted from a violation of the California Public Records Act (CPRA) by Council Member Marquez.

The city agrees that Fortis is the prevailing party in its petition to enforce the CPRA and had good cause for bringing its petition given Council Member Marquez’s ongoing failures to comply with the CPRA.

Fortis submitted a public records request pursuant to the CPRA on May 9, 2022. After the city's repeated efforts to secure Council Member Marquez's compliance related to records held in her personal accounts (to which the city had no access), Fortis filed a petition in Superior Court to enforce its CPRA request alleging that Council Member Marquez had not complied with the CPRA. The settlement agreement fully and finally resolves any disputes between Fortis and the city.

The settlement agreement requires:

1. The city pay Fortis $12,626.73 for its costs (not attorney's fees)

2. Fortis dismiss the petition with prejudice

3. The City Council consider a Resolution (attached) that includes the following statement:

Although Councilmember Marquez maintains that she did nothing wrong, the City acknowledges and agrees that Frances Marquez violated the Public Records Act through her refusals to provide all responsive records and withholding responsive records to Fortis LLP’s Public Records Act Requests within her possession custody and control within her personal e-mails. The City denies any responsibility for her failure to comply because these records were contained within her personal e-mails that the City had no access to, and Frances Marquez defied the City’s multiple requests that she produce these records. The City agrees that Fortis LLP is the prevailing party in its Petition to enforce its Public Records Act Request and had good cause for bringing its Petition given Frances Marquez’s ongoing failures to comply.

4. Council Member Marquez abstain from voting on the Resolution Failure to adopt the Resolution is a breach of the settlement agreement.

While the settlement agreement resolves any disputes between Fortis and the city, there is another related claim against the city by Council Member Marquez in which she demands reimbursement for separate, private legal representation she retained without City Council approval and without following Municipal Code purchasing requirements.

BUDGET IMPACT
Sufficient funds are available in the General Fund undesignated fund balance to make the $12,627 payment required by the settlement agreement.

Including the payment to Fortis, the city has spent nearly $100,000 on its legal fees to resolve Council Member Marquez's CPRA violation and defend Fortis' lawsuit. In addition, considerable staff resources were required from the City Manager's and City Clerk's offices.

Including costs the city may be obligated by State law to reimburse to Council Member Marquez resulting from her unilateral decision to retain separate, private legal representation without City Council approval and without following Municipal Code purchasing requirements, the total cost to the city for Council Member Marquez's CPRA violation is estimated to exceed $200,000.

LEGAL REVIEW
The City Attorney and special counsel have reviewed and approved the settlement agreement as to form and drafted the Resolution.

APPROVED BY:  Peter Grant, City Manager
Attachments
Fortis Settlement Agreement
Fortis Settlement Resolution

SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This Settlement Agreement and Mutual General Release (the “Agreement”) is dated as of the date of the full execution of this Agreement by all parties thereto (the “Effective Date”), and is between Fortis LLP (“Fortis”), a California limited liability partnership (“Fortis”), on the one hand, and the City of Cypress (“The City”), Frances Marquez, an individual (“Marquez”), Alisha Farnell, an individual, (“Farnell”), Peter Grant, an individual (“Grant”), and Fred Galante, an individual (“Galante”), on the other hand. The City, Marquez, Farnell, Grant, and Galante are collectively referred to herein as “The City Parties” and individually as a “City Party” as context requires. Fortis and The City Parties are collectively referred to herein as the “Parties” and individually as a “Party” as context requires.

WHEREAS, whereas Fortis submitted to The City, a public records request pursuant to the California Public Records Act (the “CPRA”) on May 9, 2022 (the “CPRA Request”); WHEREAS, on August 26, 2022, Fortis filed a petition in the Superior Court for the County of Orange for a writ of mandamus seeking to enforce its CPRA Request with OCSC Case No. 30- 2022-01277792-CU-WM-CJC (the “Petition”), alleging, inter alia, that Marquez had not complied with its CPRA Request;
WHEREAS, the Parties are now desirous of fully and finally resolving any disputes between Fortis and The City Parties with respect to the Petition; NOW THEREFORE, the Parties, in recognition of the mutual covenants contained in this Agreement, agree as follows:

1.0 SETTLEMENT CONSIDERATION

1.1 Payment of the Settlement Consideration. In consideration for Fortis’s dismissal of the Petition, and the releases of the covenants contained herein, the City shall cause to be paid the sum of $12,626.73 (twelve-thousand six hundred twenty six dollars and seventy-three cents) (the “Settlement Consideration”) to Fortis within fifteen (15) business days of receipt of the full execution of this Agreement by all Parties. Payment shall be made in a single lump sum via check made payable from The City to Fortis LLP and delivered by overnight delivery or courier as follows:

Fortis LLP
Attn: Adam Harris
650 Town Center Drive, Suite 1530
Costa Mesa, CA 92626

1.2 Dismissal of the Petition. Within three (3) business days of Fortis’s receipt of the Settlement Consideration, Fortis shall cause the Petition to be dismissed with prejudice, with each side bearing its own attorneys’ fees and costs. Notwithstanding the foregoing, this Section does not waive any request or demand Marquez has made for The City to pay for her attorney fees and costs in connection with this Petition.

1.3 City Resolution. At the next regularly scheduled public meeting of The City’s City Council, the City shall place a Resolution on the City Council agenda for approval that includes the following statement (the “Resolution”):

Although Councilmember Marquez maintains that she did nothing wrong, the City acknowledges and agrees that Frances Marquez violated the Public Records Act through her refusals to provide all responsive records and withholding responsive records to Fortis LLP’s Public Records Act Requests within her possession custody and control within her personal e-mails. The City denies any responsibility for her failure to comply because these records were contained within her personal e-mails that the City had no access to, and Frances Marquez defied the City’s multiple requests that she produce these records. The City agrees that Fortis LLP is the prevailing party in its Petition to enforce its Public Records Act Request and had good cause for bringing its Petition given Frances Marquez’s ongoing failures to comply.

Marquez shall abstain from voting on the Resolution. Nothing within this Resolution will entitle Fortis to any additional costs or attorney fees for its Petition , or for any other reason, against The City Parties beyond the Settlement Consideration specified within paragraph 1.1 of this Agreement. A failure of The City to adopt the Resolution shall render the Agreement void and the Petition litigation shall continue.

2.0 MUTUAL RELEASE

2.1 Release of the Fortis Released Parties. Except for the obligations imposed under this Agreement, The City Parties, for themselves, and for their respective members, managers, and employees, and each of them, hereby compromise, settle, and completely release Fortis, and its respective agents, employees, partners, associates, owners, officers, directors, managers, members, shareholders, corporate affiliates, attorneys, representatives, predecessors-in interest, successors, spouses, children, heirs and assigns (the “Fortis Released Parties”) of and from, any and all past, present or future claims, demands, agreements, obligations or causes of action, whether based on tort, contract or any other theories of recovery, arising out of the Parties’ relationship, from the beginning of time through the Effective Date of this Agreement. The City Parties acknowledge and agree that the release they have given to the Fortis Released Parties by means of the preceding sentence applies to all claims for injuries, damages or losses to their own person and property, real or personal, whether those injuries, damages or losses are known or unknown, foreseen or unforeseen, patent or latent, which they may have against the Fortis Released Parties. The City Parties also warrant and represent that they have made no assignment or transfer of any right, claim, demand, cause of action, or other matter covered within this paragraph for which they are releasing the Fortis Released Parties.

2.2 Release of the City Released Parties. Except for the obligations imposed under this Agreement, Fortis, for itself, and for its respective agents, employees, partners, associates, owners, officers, directors, managers, members, shareholders, corporate affiliates, attorneys, representatives, predecessors-in interest, hereby completely releases The City Parties, and their respective agents, employees, partners, associates, owners, officers, directors, managers, members, shareholders, corporate affiliates, attorneys, representatives, predecessors-in interest, successors, spouses, children, heirs and assigns (the “The City Released Parties”) of and from, any and all past, present or future claims, demands, agreements, obligations or causes of action, whether based on tort, contract or any other theories of recovery, arising out of the Parties’ relationship, from the beginning of time through the Effective Date of this Agreement. Fortis acknowledges and agrees that the release it has given to The City Released Parties by means of the preceding sentence applies to all claims for injuries, damages or losses to their own person and property, real or personal, whether those injuries, damages or losses are known or unknown, foreseen or unforeseen, patent or latent, which they may have against the City Released Parties. Fortis also warrants and represent that it has made no assignment or transfer of any right, claim, demand, cause of action, or other matter covered within this paragraph for which it is releasing The City Released Parties.

2.3 Marquez Release of The City, Farnell, Grant and Galante. Except for the obligations imposed under this Agreement, Marquez hereby completely releases The City, Farnell, Grant, and Galante and their respective agents, employees, partners, associates, owners, officers, directors, managers, members, shareholders, corporate affiliates, attorneys, representatives, predecessorsin interest, successors, spouses, children, heirs and assigns (the “The Cypress Released Parties”) of and from, any and all past, present or future claims, demands, agreements, obligations or causes of action, whether based on tort, contract or any other theories of recovery, arising out of events pertaining to the PRA, the Petition, or the Resolution. Marquez acknowledges and agrees that the release it has given in this paragraph by means of the preceding sentence applies to all claims for injuries, damages or losses to their own person and property, real or personal, whether those injuries, damages or losses are known or unknown, foreseen or unforeseen, patent or latent, which it may have against The Cypress Released Parties. Marquez also warrants and represent that it has made no assignment or transfer of any right, claim, demand, cause of action, or other matter covered within this paragraph which it is releasing. Notwithstanding the foregoing, nothing within this Section shall be construed to release or waive any right, claim, cause of action, or defense that Marquez asserts against The City for attorney fees and costs pertaining to the Petition.

2.4 Section 1542 Waiver. Each Party certifies that it has read the following provisions of California Civil Code Section 1542:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Each Party waives the application of California Civil Code Section 1542. Each Party understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if it should eventually suffer additional damages arising out of the claims released herein, it will not be able to make any claim for those damages. Furthermore, each Party acknowledges that it consciously intends these consequences even as to claims that it does not know exist, and that, if known, would materially affect its decision to execute this Agreement, regardless of whether its lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause. Each Party acknowledges that it has read, understands, and agrees to the above.

3.0 MISCELLANEOUS PROVISIONS

3.1 Agreement Not to Be Construed as an Admission. This Agreement is entered into by the Parties solely for the purpose of compromising and settling the matters in dispute.

Other than as to the statement in the resolution identified above in Section 1.3, this Agreement does not constitute, nor shall it be construed to constitute, an admission of any liability or responsibility by any of the Parties. Furthermore, Fortis waives any right to attorney’s fees or costs based on being a prevailing party, or other grounds, in the Petition.

3.2 Integration; Modification; Waiver. Notwithstanding any rights, claims, causes of action, or defense that Marquez may assert against The City for attorney’s fees and costs for the Petition, this Agreement constitutes and contains the entire agreement and understanding concerning the subject matter between the Parties, sets forth all inducements made by any Party to any other Party with respect to any of the subject matter, and supersedes and replaces all prior and contemporaneous negotiations, proposed agreements or agreements, whether written or oral. No supplement, modification, or amendment of this Agreement will be binding unless executed in writing by all the Parties. No action or failure to act will constitute a waiver of any right or duty under this Agreement, nor will any action or failure to act constitute an approval of, or acquiescence in, any breach. No waiver of any of the provisions of this Agreement will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the Party making the waiver.

3.3 Time of the Essence. All times stated in this Agreement are of the essence.

3.4 Authority. The undersigned individuals execute this Agreement on behalf of the respective Party or Parties, and the Parties and the undersigned individuals represent that such undersigned individuals are authorized to enter into and execute this Agreement on behalf of such Party or Parties.

3.5 Counterparts; Facsimile Signatures; PDF Signatures. This Agreement may be executed in any number of counterparts, using facsimile or PDF signatures, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

3.6 Further Assurances. The Parties agree to execute all instruments and documents of further assurance and will do any and all such acts as may be reasonably required to carry out their obligations and to consummate the transactions contemplated.

3.7 Binding Effect; Assignment. This Agreement is binding upon and will inure to the benefit of the Parties and each of the Parties’ respective successors, predecessors, shareholders, assigns, heirs, personal representatives and affiliates, without time limitation.

Notwithstanding the foregoing, this Agreement may be assigned by a Party only with the prior written consent of the other Parties.

3.8 Enforcement/Arbitration of Disputes. The Parties agree that any action at law or in equity brought to enforce this Agreement, to interpret the terms of this Agreement, or otherwise arising out of this Agreement, shall be resolved via a court of competent jurisdiction in Orange County, California.

3.9 Interpretation. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the Parties.

3.10 Severability. In the event that any provision of this Agreement is deemed invalid, illegal, or unenforceable, all other provisions of the Agreement that are not affected by such invalidity, illegality or unenforceability, will remain in full force and effect.

3.11 Advice of Counsel. EACH PARTY ACKNOWLEDGES AND

AGREES THAT IT HAS BEEN REPRESENTED BY, OR HAS HAD THE OPPORTUNITY TO

BE REPRESENTED BY, ITS OWN INDEPENDENT LEGAL COUNSEL WITH RESPECT TO

ENTERING INTO THIS AGREEMENT, AND THAT EACH PARTY HAS GIVEN MATURE AND CAREFUL THOUGHT TO THIS AGREEMENT. EACH PARTY REPRESENTS THAT HE OR IT IS ENTERING INTO THIS AGREEMENT FREELY AND VOLUNTARILY.

01004.0002/932049.2 1
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING A STATEMENT ABOUT COUNCIL MEMBER MARQUEZ’S

VIOLATION OF THE PUBLIC RECORDS ACT PURSUANT TO THE

SETTLEMENT AGREEMENT BETWEEN THE CITY OF CYPRESS,

FORTIS LLP AND COUNCIL MEMBER MARQUEZ RESOLVING THE

LAWSUIT FILED BY FORTIS LLP
The City Council of the City of Cypress hereby resolves as follows:

Although Councilmember Marquez maintains that she did nothing wrong, the City acknowledges and agrees that Frances Marquez violated the Public Records Act through her refusals to provide all responsive records and withholding responsive records to Fortis LLP’s Public Records Act Requests within her possession custody and control within her personal emails. The City denies any responsibility for her failure to comply because these records were contained within her personal e-mails that the City had no access to, and Frances Marquez defied the City’s multiple requests that she produce these records. The City agrees that Fortis LLP is the prevailing party in its Petition to enforce its Public Records Act Request and had good cause for bringing its Petition given Frances Marquez’s ongoing failures to comply.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of October 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 14th day of October 2024; by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
__________________________________

CITY CLERK OF THE CITY OF CYPRESS
CITY OF CYPRESS
CITY COUNCIL REPORT
City Council Regular 14.

FROM: Bonnie Peat, Mayor Pro Tem
DATE: 10/14/2024
SUBJECT: Approve a Resolution Supporting Proposition 36

RECOMMENDATION
Approve a Resolution supporting Proposition 36.

DISCUSSION
At the September 23 City Council meeting, Mayor Pro Tem Peat requested a resolution expressing support for Proposition 36 be placed on a future agenda for consideration.

The attached Resolution was drafted by the League of California Cities in support of the Homelessness, Drug Addiction, and Theft Reduction Act (Proposition 36). Proposition 36 is a bi-partisan measure that provides common sense, targeted reforms to Proposition 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities.

BUDGET IMPACT
None.

LEGAL REVIEW
None required.

APPROVED BY:  Peter Grant, City Manager
Attachments
Resolution
League of California Cities Proposition 36 Comparison Table RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG

ADDICTION AND THEFT REDUCTION ACT
WHEREAS, while Prop 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade; and
WHEREAS, Prop 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, it’s time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, does hereby formally expresses support for Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act and the benefit that it provides for our community’s safety.

PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 14th day of October, 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 14th day of October, 2024, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
___________________________________

CITY CLERK OF THE CITY OF CYPRESS
Retail Theft Package
and Proposition 36
Recently, Gov. Gavin Newsom signed a 10-bill package addressing retail theft. The table below compares Proposition 36 — the ballot initiative sponsored by the District Attorneys that would make changes to Proposition 47 — with the retail theft package signed by the Governor.

PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
Fentanyl
Fentanyl
possession with
firearm
Adds to list of
crimes with
penalties of 2, 3, or
4 years in prison.

Not in package.

Fentanyl
increasing
penalties
Increases penalties
from 2 to 20 years
depending on the
amount.

Not in package.

Treatment
mandated
felony
Creates a new
crime for hard drug
possession with
tiered penalties up
to 25 years.

Not in package.

Retail Theft
Aggregation Provides that any
case involving one
or more acts of
theft or shoplifting
may be
aggregated into a
single count or
charge.

Not in package.

Auto theft Does not address
this issue.

Closes the loophole
under existing law
regarding locked cars.

SB 905 (Wiener)
Cargo theft Does not address
this issue.

Adds cargo theft to the
Regional Property Crime
Task Force operated by
the CHP.

AB 1972 (Alanis)
Fencing Does not address
this issue.

Expands existing law for
online marketplaces to
report high-volume sellers
to law enforcement.

SB 1144 (Skinner)
Fires Does not address
this issue.

Makes it a factor in
aggravation if an offense
SB 1242 (Min)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
was carried out in a
merchant’s premises to
commit retail theft.

Increased
penalties
Increases penalty
enhancements for
property crimes for
up to 4 years and
allows the court to
impose
enhancements
with another single
count.

Increases penalty
enhancements for resale
of property or stolen
property in the
commission of a felony for
up to 4 years and allows
the court to impose
enhancements with
another single count. No
changes to Proposition

47. AB 1960 (Rivas)*;
SB 1416
(Newman)
Multijurisdictional
offenses
Does not address
this issue.

Allows local jurisdictions to
file charges that deal with
offenses across county
lines.

AB 1779 (Irwin)
Organized retail
theft
Several provisions
related to acting in
concert and
increasing
penalties for
organized retail
theft. However, it
does not address
the sunset date of
the statute. (Does
not amend the
same code section
as the legislative
bills).

Removes the sunset
clause on the organized
retail theft statute.

AB 1802 (JonesSawyer);
SB 982 (Wahab)
Police ability to
arrest
Does not address
this issue.

Provides that under
certain circumstances
police can arrest without
a warrant.

AB 2943 (Zbur)
Probation Does not address
this issue.

Provides that the term of
probation for shoplifting
or petty theft would be
two years.

AB 2943 (Zbur)
Repeat
offenders
An offender with
two prior
convictions of
petty theft or
shoplifting can be
Creates a new crime for
shoplifting which can be
charged as a felony but
does not change the
threshold amount of $950.

AB 2943 (Zbur)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)

RELEVANT BILL

NUMBERS
charged with a
felony regardless of
value. Amends
Proposition 47.

Restraining
orders
Does not address
this issue.

Creates the Retail Theft
Restraining Order for
repeated attempts of
shoplifting which can be
requested by city
attorneys, retailers, or
district attorneys.

AB 3209
(Berman)
Retailers –
nuisance
action
Does not address
this issue.

Prohibits local
government and law
enforcement from
threatening or filing
nuisance complaints
against retailers for
reporting crime.

AB 2943 (Zbur)
*AB 1960 (Rivas) is currently pending on the Governor’s desk.