Dog and assign the canine to the police department's Patrol Division K9 program for police service in the community.
6. CONSIDERATION OF RETIREMENT AND OWNERSHIP TRANFER OF POLICE SERVICE DOG "KAZ"
RECOMMENDED THAT CITY COUNCIL:
1. Approve the retirement of Police Service Dog KAZ; and
2. Approve the transfer of ownership of KAZ to its handler, Sergeant Miguel Fuentes, for the amount of one dollar ($1.00); and
3. Authorize the City Manager to execute the Release and Waiver of Liability and Indemnity Agreement to effectuate the transfer of ownership of KAZ.
7. CONSIDERATION TO ACCEPT REIMBURSIBLE GRANT FUNDING IN THE AMOUNT OF $174,185 AND APPROVE THE STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT FOR GRANT YEAR 2020 BETWEEN
THE COUNTY OF LOS ANGELES AND THE CITY OF HUNTINGTON PARK RECOMMENDED THAT CITY COUNCIL:
1. Accept reimbursable grant funding and increase estimated revenues in the amount of $174,185 to account number 230-0000-335.30-70 (State Homeland Security Program (SHSP); and
2. Approve a budget appropriation in the amount of $160,000 to account number 230-7134-421 . 7 4-10 for the purchase of automated license plate reader technology and $14,185 to account number 230-7134-421.13-00 for police officers overtime pay associated with police active shooter training; and
3. Authorize the City Manager to be designated as the Grantee Official for the purpose of executing grant objectives, the grant agreement, and documentation; and
4. Authorize the Chief of Police to acquire the license plate reader technology and accomplish the active shooter training for Huntington Park Police Officers.
COMMUNITY DEVELOPMENT
8. RETENTION OF CONSULTANT FOR COMMUNITY EDUCATIONAL PROGRAM
FOR MEASURE PP
RECOMMENDED THAT CITY COUNCIL:
1. Authorize the retention of consultant to conduct an educational and informational program to the City's residents regarding Measure PP; and
2. Authorize the City Manager to execute a professional services agreement with consultant consistent with their proposal attached herewith.
CITY COUNCIL MEETING AGENDA
October 04, 2022 Page 6 of 7
City of Huntington Park
List of Funds
Fund Description
111 General Fund
121 Special Revenue Welfare Inmate
122 Prevention Intervention
152 Greenway Linear Park Project
210 Measure M
216 Employees Retirement Fund
217 OPEB
219 Sales Tax - Transit Proposition A
220 Sales Tax - Transit Proposition C
221 State Gasoline Tax Fund
222 Measure R
224 Office of Traffic & Safety
225 Cal Cops Fund
226 Air Quality Improvement Trust
227 Office of Criminal Justice
228 Bureau of Justice Fund
229 Police Forfeiture Fund
231 Parking System Fund
232 Art in Public Places Fund
233 Bullet Proof Vest Grant
239 Federal Community Development Block Grant
242 HUD Home Program
275 Successor Agency
283 Sewer Maintenance Fund
285 Solid Waste Management Fund
287 Solid Waste Recycle Grant
334 Ped/Bike Path Fund
475 Public Financng Authority
535 Street Lighting and Landscape
681 Water Department Fund
741 Fleet Maintenance
745 Self-Insurance Fund
City of Huntington Park
Demand Register
WR 10/04/2022
Payee Name Invoice Number Account Number Description Transaction Amount ABBA TERMITE & PEST CONTROL 51372 111-7065-441.61-20 BEE HIVE REMOVAL 195.00 108815 111-7010-421.61-20 DOG FOOD FOR PD K-9 70.04
108834 111-7010-421.61-20 DOG FOOD FOR PD K-9 140.08
108845 111-7010-421.61-20 DOG ACCESSORIES FOR PD K-9 961.13 ALADDIN LOCK & KEY SERVICE 32388 111-8024-421.43-10 MASTER LOCKS FOR PD 14.27 ALL CITY MANAGEMENT SERVICES,INC 79444 111-7022-421.56-41 SCHOOL CROSSING GUARD SVC 11,321.12 2022-03-0520347 745-9031-413.52-30 SETTLEMENT PAYMENT 327.70 2022-03-20345 745-9031-413.52-30 SETTLEMENT PAYMENT 623.85 202202030405062 745-9031-413.52-30 SETTLEMENT PAYMENT 9,627.00 202203040506072 745-9031-413.52-30 SETTLEMENT PAYMENT 5,480.70 2022030620348 745-9031-413.52-30 SETTLEMENT PAYMENT 1,040.00 13XH-RNJC-3HMN 111-6010-451.56-41 SERVICE FEE 197.35
1QYJ-XV3K-9JKP 111-6010-451.61-25 OFFICE SUPPLIES 41.85 1MJG-Q4RJ-9MFX 111-6060-466.33-20 BALLET SUPPLIES 187.20 16H4-1JPT-G46C 111-6065-466.61-20 SENIOR SUPPLIES 60.00 1Y3C-W9J7-C7PM 111-8020-431.61-20 BELT CLIP FOR PW STAFF 10.41 150461 111-0000-217.50-40 JULY CANCER INSURANCE 316.97
523571 111-0000-217.50-40 AUGUST CANCER INSURANCE 316.97 863659 111-0000-217.50-40 SEPTEMBER CANCER INSURANCE 316.97 464170 111-7010-421.61-20 BOARDING& GROOMING K9 PD 226.00 473048 111-7010-421.61-20 BOARDING GROOMING SVC PD 412.00 473664 111-7010-421.61-20 BOARDING GROOMING SVC PD 240.00 474454 111-7010-421.61-20 BOARDING GROOMING SVC PD 886.00 477003 111-7010-421.61-20 BOARDING GROOMING PD 139.00
477390 111-7010-421.61-20 BOARDING GROOMING SVC PD 357.00 18729972 111-7010-421.53-10 PD PHONE SERVICE DISPATCH 548.78 9/5/22-10/4/22 121-7040-421.56-14 PD INMATE PHONE SERVICE 119.87 AUTO ZONE 4075321002 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 369.34 4075322129 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 716.63 4075329360 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 42.56 4075329457 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 325.22 4075332727 741-8060-431.43-20 CAR PARTS FOR CITY VEHICLE 5.39 4075336054 741-8060-431.43-20 CAR PARTS FOR PW UNIT 44.42 4075338650 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 91.21 4075338908 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 108.88 $668.65
AT&T
ANIMAL FRIENDS PET HOTEL
$2,260.00
AMAZON.COM SERVICES, INC.
$496.81
AMERICAN FAMILY LIFE ASSURANCE
$950.91
$11,321.12
ALVAREZ-GLASMAN & COLVIN
$17,099.25
$1,171.25
$14.27
$195.00
ADLERHORST INTERNATIONAL LLC
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City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description Transaction Amount AUTO ZONE 4075338911 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 14.31 AY NURSERY INC. 119579 535-8090-452.61-20 PURCHASE OF TREES 652.50 BRIZUELA'S IRON WORK 108 111-8020-431.43-10 REPLACEMENT STAIR PARK 1,971.00 BROWNELLS INC 2022410420401 111-7022-421.61-24 AMMUNITION SUPPLIES 248.06 CALIFORNIA FRAME & AXLE 69998 741-8060-431.43-20 CAR PARTS FOR PW UNIT 85.00 CAMERINA ACOSTA AVILA 9262022 111-9050-451.56-10 MAY JULY AUG SEPT 800.00 81824 111-8010-431.76-12 CONSTRUCTION MANAGEMENT 6,233.24 81664 681-8030-461.43-30 WATER ENGINEERING AUG 6,666.00 CENTRAL BASIN MWD HP-AUG22 681-8030-461.41-00 IMPORTER WATER AUGUST 2022 147,166.66 13887 219-8085-431.43-21 CAR PARTS FOR PW SHUTTLE 5,761.22 13822 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 231.19 13826 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 1,150.88 13929 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 461.86 13980 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 145.35 14035 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 60.28 14079 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 120.57 14101 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 62.49 14125 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 148.79 14126 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 107.89 14225 741-8060-431.43-20 CAR PARTS FOR PD UNIT 201.32
14268 741-8060-431.43-20 CAR PARTS FOR PD UNIT 330.44
0467069090722 111-7010-421.53-10 FIBER INTERNET POLICE 1,650.00 0511379091322 111-7010-421.53-10 INTERNET CLOUD BACKUP PD 159.98 CINDI CAYAX 2125 111-6065-451.57-46 ZUMBA CLASSES SENIORS 630.00 76494440 111-2030-413.56-41 PRE EMPLOYMENT PHYSICAL 1,465.00 76563454 111-2030-413.56-41 PRE EMPLOYMENT PHYSICAL 768.00 76635637 111-2030-413.56-41 PRE EMPLOYMENT PHYSICAL 1,928.00 CR&R INCORPORATED 000135474 111-8027-431.56-59 WASTE RECYCLING SVC SEPT 16,680.00 DAPEER, ROSENBLIT & LITVAK 20529 111-0220-411.32-70 GENERAL CODE ENFORCEMENT 450.00 $16,680.00
$450.00
$147,166.66
CENTRAL FORD
$8,782.28
CHARTER COMMUNICATIONS
$1,809.98
$630.00
CONCENTRA MEDICAL CENTERS
$4,161.00
$1,971.00
$248.06
$85.00
$800.00
CANNON CORPORATION
$12,899.24
$1,717.96
$652.50
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City of Huntington Park
Demand Register
WR 10/04/2022
Payee Name Invoice Number Account Number Description Transaction Amount DELTA DENTAL BE005152106 111-0000-217.50-20 DELTA CARE MONTH OCTOBER 8,062.24 DELTA DENTAL INSURANCE COMPANY BE005149733 111-0000-217.50-20 DELTA CARE PMI OCTOBER 2,157.28 DEPARTMENT OF JUSTICE 601476 111-7030-421.56-41 FINGERPRINTS APP 774.00 2009345561 111-8022-419.43-10 PAINT FOR COUNCIL OFFICE 66.84 2009345556 111-8024-421.43-10 PAINT FOR PD LOBBY 560.53 07222022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,128.00 07262022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,128.00 07292022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,128.00 08032022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,128.00 08052022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,128.00 08102022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08122022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08172022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08192022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08242022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08262022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 08312022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 09022022 239-0280-490.51-03 EMERGENCY SENIOR MEAL PROGRAM 1,116.00 EXPRESS TRANSPORTATION SERVICES LLC DAR09012022 219-8085-431.56-45 HP DIAL A RIDE SVC SEPT 69,183.33 44366 111-8022-419.43-10 REPAIRS TO AC UNITS AT PD 272.50 44366 111-8024-421.43-10 REPAIRS TO AC UNITS AT PD 272.50 120195 741-8060-431.43-20 CAR PARTS FOR PW UNIT 574.74
120519 741-8060-431.43-20 CAR PARTS FOR PW UNIT 172.56
121232CVW 741-8060-431.43-20 CAR PARTS FOR PW UNIT 626.43 GEOSYNTEC CONSULTANTS, INC. 483317 111-5010-419.56-49 PROFESSIONAL SVC 8/28/22 1,103.65 GIGIS HOLLYDALE APPLIANCE 60455 111-8024-421.43-10 SC UNIT MOTOR FOR PD 225.00 GLOBAL URBAN STRATEGIES, INC. 224 111-5055-419.56-41 VIRTUAL MEETINGS& PROGRAM 7,825.00 H.P. TEST ONLY 22309 741-8060-431.43-20 SMOG CHECK FOR PD UNIT 35.00 HASA, INC. 847706 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 14 441.63 847709 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 18 431.47 847711 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 12 285.76 849643 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 18 366.09 $35.00
$1,373.73
$1,103.65
$225.00
$7,825.00
GEORGE CHEVROLET
FM THOMAS AIR CONDITIONING INC
$545.00
$69,183.33
EL GRANERO GRILL, INC.
$14,568.00
$774.00
DUNN EDWARDS CORPORATION
$627.37
$8,062.24
$2,157.28
3 of 8
City of Huntington Park
Demand Register
WR 10/04/2022
Payee Name Invoice Number Account Number Description Transaction Amount HASA, INC. 849644 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 14 311.74 849645 681-8030-461.41-00 SODIUM HYPOCHLORITE WELL 12 259.78 IBE DIGITAL 446071 111-9010-419.44-10 BLACK TONER 18.07 1-AUGUST2022 111-7024-421.56-41 JANITORIAL SUPPLY AUGUST 624.90 2-AUGUST2022 111-7024-421.56-41 JANITORIAL SERVICE AUGUST 3,700.84 1-AUGUST2022 111-8020-431.56-41 JANITORIAL SUPPLY AUGUST 374.94 2-AUGUST2022 111-8020-431.56-41 JANITORIAL SERVICE AUGUST 1,440.58 1-AUGUST2022 111-8022-419.56-41 JANITORIAL SUPPLY AUGUST 833.20 2-AUGUST2022 111-8022-419.56-41 JANITORIAL SERVICE AUGUST 4,305.23 1-AUGUST2022 111-8023-451.56-41 JANITORIAL SUPPLY AUGUST 2,332.96 2-AUGUST2022 111-8023-451.56-41 JANITORIAL SERVICE AUGUST 11,472.56 JERRY'S AUTO BODY, INC. 32600 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 989.73 JOEL GORDILLO JG202209 111-1010-411.56-41 FILM &BROADCAST MEETING 1,650.00 JOHN A ORNELAS 08/23-9/21 111-0220-411.32-70 CONSULTANT FEES SVC FINANCE 8,700.00 JTB SUPPLY COMPANY INC 110913 221-8014-429.61-20 LED LAMPS TRAFFIC SIGNAL 3,622.10 JXTRA ENTERTAINMENT 015 111-6065-451.57-46 SENIOR DANCE 380.00 100283288 535-8016-431.61-45 ELECTRICAL SUPPLIES 387.65 100284111 535-8016-431.61-45 ELECTRICAL SUPPLIES 131.03 KONICA MINOLTA BUSINESS SOLUTIONS 282512166 111-6010-451.56-41 COPIER LEASE 241.40 LA COUNTY SHERIFF'S DEPT 230252BL 121-7040-421.56-41 INMATE MEAL SERVICE 1,258.14 HP08152022 219-8085-431.58-50 JULY POSITION SUMMARY 611.34 HP09152022 219-8085-431.58-50 AUGUST POSITION SUMMARY 1,156.84 LEGAL SHIELD 143713 111-0000-217.60-50 SEPT IDENTITY PROTECTION 28.90 LENTZ LOCK AND KEY LLC 1419 111-7010-421.61-20 LOCKSMITH SVC KEY DUPLICATE 269.56 LIEBERT CASSIDY WHITMORE 219118 111-2030-413.64-05 MEMBERSHIP FEE 100.00 114649B 111-9010-490.73-10 PURCHASE OF PD VEHICLE 43,817.00 114649 741-8060-431.74-10 PURCHASE OF PD VEHICLE 39,744.00 116450 741-8060-431.74-10 PURCHASE OF PD VEHICLE 39,744.00 $123,305.00
M GRIECO ENTERPRISES INC
$100.00
$380.00
KIMBALL MIDWEST
$518.68
$241.40
$1,258.14
LACMTA
$1,768.18
$28.90
$269.56
$3,622.10
$1,650.00
$8,700.00
$989.73
J316 BUILDER
$25,085.21
$18.07
$2,096.47
4 of 8
City of Huntington Park
Demand Register
WR 10/04/2022
Payee Name Invoice Number Account Number Description Transaction Amount MAINTEX 1003174-00 111-8095-431.61-50 VOLT BATTERIES SCRUBBER 1,527.28 MANUEL PEINADO HP010031152 111-0000-351.10-10 PARKING CITATION REFUND 60.00 1601-380 535-8090-452.56-60 CONTRACTUAL SVCS JULY 25,920.00 1601-395 535-8090-452.56-60 CONTRACTUAL SVCS AUG. 48,240.00 2959-200437 741-8060-431.43-20 CAR PARTS FOR PW TRUCKS -52.31 2959-200481 741-8060-431.43-20 CAR PARTS FOR PW UNIT 28.42 2959-200495 741-8060-431.43-20 CAR PARTS FOR PD UNIT 155.80 2959-202851 741-8060-431.43-20 CAR PARTS FOR PD UNIT 52.88 2959-203350 741-8060-431.43-20 CAR PARTS FOR PW 223.65
2959-203466 741-8060-431.43-20 CAR PARTS FOR PW 13.92
2959-203962 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 43.88 2959-203982 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 42.23 2959-204267 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 24.24 2959-204402 741-8060-431.43-20 CAR PARTS FOR POLICE UNIT 55.79 17995 745-9031-413.32-70 SETTLEMENT PAYMENT 7,800.00
19509 745-9031-413.32-70 SETTLEMENT PAYMENT 1,475.00
19986 745-9031-413.32-70 SETTLEMENT PAYMENT 701.80
20425 745-9031-413.32-70 SETTLEMENT PAYMENT 90.00
50979 111-9010-419.56-41 PARS ARS FEE 5/31 546.59
51404 111-9010-419.56-41 PARS ARS FEE 468.55
51039 216-3010-415.56-41 PARS REP FEE 5/31 2,533.54
51465 216-3010-415.56-41 PARS REP SVC PERIOD 7/31 2,609.54 800090000114260 111-7040-421.56-41 POSTAGE FEES 556.93
800909003558108 111-9010-419.53-20 REFILL FOR POSTAGE SEPT 3,624.77 PVP COMMUNICATIONS 131606 111-7022-421.61-29 SPEED SCANNER PD 95.00 QDOXS IN46069 111-8020-431.43-05 XEROX XOPIER CONTRACT 21.90 IN46069 285-8050-432.43-05 XEROX XOPIER CONTRACT 21.90
IN46069 681-8030-461.43-05 XEROX XOPIER CONTRACT 21.90
RAUL ALVAREZ 09122022 111-0210-413.59-15 REIMBURSEMENT 98.66 1593829-00 111-8023-451.43-10 AIR CONDITIONER PARK REC 237.26 1594465-00 111-8023-451.43-10 CONTRACTOR COMM CENTER 365.57 RESOURCE BUILDING MATERIALS 3442418 111-8010-431.61-20 ROCK BASE CONCRETE 1,024.65 $1,024.65
REFRIGERATION SUPPLIES DISTRIBUTOR
$602.83
$98.66
$65.70
PURCHASE POWER
$4,181.70
$95.00
$10,066.80
PARS
$6,158.22
NORTH STAR LAND CARE
$74,160.00
O'REILLY AUTO PARTS
$588.50
OLIVAREZ MADRUGA, LLP
$60.00
$1,527.28
5 of 8
City of Huntington Park
Demand Register
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Payee Name Invoice Number Account Number Description Transaction Amount RIO HONDO COLLEGE F22-37-ZHPK 111-7010-421.59-15 COURSE ENROLLMENT MATERIA 100.00 2997816591 111-0210-413.59-15 TRAFFIC CONTROL FLAGGING 2,290.00 2998052846 111-0210-413.59-15 TRAFFIC CONTROL FLAGGING 2,140.00 SERGIO INFANZON 34 111-0110-411.58-24 COMMUNITY EVENT 18.14 35 111-0110-411.58-24 COMMUNITY EVENT 86.92
36 111-0110-411.58-24 COMMUNITY EVENT 79.33
37 111-0110-411.58-24 COMMUNITY EVENT 260.00
46 111-0110-411.58-24 COMMUNITY EVENT 2,750.00
26 111-0110-411.61-20 SUPPLIES 127.80
27 111-0110-411.61-20 SUPPLIES 34.64
10 111-0240-466.64-00 ICSC 60.98
11 111-0240-466.64-00 ICSC 321.98
12 111-0240-466.64-00 ICSC 21.66
13 111-0240-466.64-00 ICSC 75.39
14 111-0240-466.64-00 ICSC 61.40
15 111-0240-466.64-00 ICSC 42.79
16 111-0240-466.64-00 ICSC 45.00
17 111-0240-466.64-00 ICSC 108.60
18 111-0240-466.64-00 ICSC 199.54
19 111-0240-466.64-00 ICSC 295.87
33 111-0240-466.64-00 ICSC 60.98
41 111-0310-413.56-42 MISCELLANEOUS EVENTS 5.29
42 111-0310-413.56-42 MISCELLANEOUS EVENTS 45.58
43 111-0310-413.56-42 MISCELLANEOUS EVENTS 32.75
44 111-0310-413.56-42 MISCELLANEOUS EVENTS 56.19
5 111-0310-413.56-42 MISCELLANEOUS EVENTS 94.07
6 111-0310-413.56-42 MISCELLANEOUS EVENTS 86.97
28 111-0310-413.61-20 COMMUNICATION SUPPLIES 187.93
29 111-0310-413.61-20 COMMUNICATION SUPPLIES 378.90
31 111-0310-413.61-20 COMMUNICATION SUPPLIES 23.46
32 111-0310-413.61-20 COMMUNICATION SUPPLIES 78.85
38 111-0310-413.61-20 COMMUNICATION SUPPLIES 341.76
39 111-0310-413.61-20 COMMUNICATION SUPPLIES 85.97
40 111-0310-413.61-20 COMMUNICATION SUPPLIES 771.68
7 111-0310-413.61-20 COMMUNICATION SUPPLIES 83.15
8 111-0310-413.61-20 COMMUNICATION SUPPLIES 295.66
9 111-0310-413.61-20 COMMUNICATION SUPPLIES 66.02
45 111-1010-411.61-25 CITY CLERK EQUIPMENT 131.24
21 232-6010-466.55-56 STATE OF THE CITY 45.50
22 232-6010-466.55-56 STATE OF THE CITY 48.48
23 232-6010-466.55-56 STATE OF THE CITY 33.06
SAFETY CENTER INCORPORATED
$4,430.00
$100.00
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Payee Name Invoice Number Account Number Description Transaction Amount SERGIO INFANZON 24 232-6010-466.55-56 STATE OF THE CITY 66.13 25 232-6010-466.55-56 STATE OF THE CITY 140.79
1 232-6010-466.55-57 ART WALK 2022 253.76
2 232-6010-466.55-57 ART WALK 2022 190.34
20 232-6010-466.55-57 ART WALK 2022 1,503.68
3 232-6010-466.55-57 ART WALK 2022 550.00
30 232-6010-466.55-57 ART WALK 2022 11.03
4 232-6010-466.55-57 ART WALK 2022 514.00
47 232-6010-466.55-57 ART WALK 2022 300.00
8/5/22-9/5/22 111-7024-421.62-10 ELECTRICAL SVC POLICE DEPARTMENT 13,768.19 8/17-9/15 111-8020-431.62-10 ELECTRICAL SVC 6900 BISSELL 3,076.65 8/5/22-9/5/22 221-8014-429.62-10 ELECTRICAL SVC 55ST/PACIFIC 73.64 STEAMX, LLC 63662 111-8095-431.61-50 PRESSURE WASHER TANK 1,362.98 SUPERION, LLC 362677 111-9010-419.43-15 FINANCIAL SYSTEMS MONTHLY 13,532.61 008122022 111-7010-415.56-10 PARKING CITATION SURCHARGE 24,010.00 07062022 111-7010-415.56-10 PARKING CITATION SURCHARGE 25,323.17 09082022 111-7010-415.56-10 PARKING CITATION SURCHARGE 25,885.68 T-MOBILE USA 7/21-8/20 111-5055-419.53-10 CODE ENFORCEMENT WORK PHONE 85.74 TATIANA GARCIA 2000006.004 111-0000-347.50-00 CLASS REFUND 45.00 TIME WARNER CABLE 106964801090122 111-7010-421.53-10 ICI SYSTEM JPA 703.55 41337 111-6030-451.61-35 BASEBALL SUPPLIES 758.84
41338 111-6030-451.61-35 BASEBALL SUPPLIES 393.38
816107924 111-0000-217.50-30 VISION SVC PLAN OCTOBER 3,647.90 816107938 111-0000-217.50-30 MONTHLY VISION SVC OCTOBER 89.36 WATER REPLENISHMENT DISTRICT OF 22-06-T22-016 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 2,310.00 W2A2066 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 317.00 W2B0734 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 36.00 W2C0570 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 48.00 W2E0670 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 1,025.00 W2E0841 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 48.00
VISION SERVICE PLAN-CA
$3,737.26
$703.55
TRIANGLE SPORTS
$1,152.22
$85.74
$45.00
SOUTHERN CALIFORNIA EDISON
$16,918.48
$1,362.98
$13,532.61
SUPERIOR COURT OF CALIFORNIA
$75,218.85
$11,073.26
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Demand Register
WR 10/04/2022
Payee Name Invoice Number Account Number Description Transaction Amount WATER REPLENISHMENT DISTRICT OF W2F1292 681-8030-461.42-05 GROUNDWATER MONITOR PROGRAM 48.00 WEST & ASSOCIATES ENGINEERING, INC 1008.16.05-13 111-5010-419.56-41 STAFFING AUGMENTATION SVC 6,020.00 WEST GOVERNMENT SERVICES 847051134 111-7030-421.56-41 SOFTWARE SUBS CHARGES 77.31 WEX BANK 83552962 741-8060-431.62-30 FUEL PURCHASE DEPT 301.06 3452180 111-8020-431.43-05 LEASE PAYMENT FOR XEROX 59.99 3452180 285-8050-432.43-05 LEASE PAYMENT FOR XEROX 59.98 3452180 681-8030-461.43-05 LEASE PAYMENT FOR XEROX 59.99 $746,141.60
XEROX FINANCIAL SERVICES
$179.96
$3,832.00
$6,020.00
$77.31
$301.06
8 of 8
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
October 4, 2022
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Dear Mayor and Members of the City Council:
RETENTION OF CONSULTANT FOR COMMUNITY EDUCATIONAL PROGRAM FOR
MEASURE PP
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Authorize the retention of Velada Public Affairs to conduct an educational and informational program to the City’s residents regarding Measure PP; and
2. Authorize the City Manager to execute a professional services agreement with Velada Public Affairs consistent with their proposal attached herewith.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The City of Huntington Park continues to face a lack of parking within the city for various reasons. Public parking has long been a complex situation due to past development standards, lack of physical infrastructure, increased population density, State mandated development standards prohibiting local control; adjacent jurisdictions that have parking regulations that impact residents of Huntington Park, and the increased need for residents to have vehicles to commute for work. For these reasons, on August 11, 2022, the City Council voted to authorize the placement of Measure PP on the November 8, 2022, General Election ballot.
If the Huntington Park voters approve Measure PP, the City Council will be authorized, by resolution, to establish procedures for the consideration and issuance of overnight parking permits for residents and business owners within the city.
To that end, Consultant has experience in providing the necessary services to conduct a community education program to inform residents about the purposes of Measure PP.
City staff does not have the background, experience, or resources to provide such services.
RETENTION OF CONSULTANT FOR COMMUNITY EDUCATIONAL PROGRAM FOR
MEASURE PP
October 4, 2022
FISCAL IMPACT/FINANCING
The selected firm will conduct and provide the services in their proposal under the appropriate tasks as outlined in the attached proposal. These associated tasks in an amount not to exceed $80,000 would be paid upon the conclusion of the contract through the Contractual Services account of the City’s General Fund.
CONCLUSION
It is recommended that the City Council approve retaining Velada Public Affairs consistent with the submitted proposal for purposes of conducting a community information program regarding Measure PP.
Respectfully submitted,
RICARDO REYES
City Manager
Steve Forster
Interim Community Development Director
ATTACHMENTS
A: HP Community Outreach and Education Proposal submitted by Velada Public Affairs
B: Draft Professional Services Agreement
City of Huntington Park
Community Outreach and Education Proposal
October 4, 2022
Prepared for:
City of Hunting Park
6550 Miles Avenue
Huntington Park, California, 90255
Prepared by:
Velada Public Affairs
777 S. Alameda St. 2nd Floor
Los Angeles, CA 90021
Attachment A
October 4, 2022
Ricardo Reyes
City Manager
City of Hunting Park
6550 Miles Avenue
Huntington Park, California, 90255
Sent via email: [email protected]
Re: City of Huntington Park Community Outreach and Education Proposal Dear Mr. Reyes,
On behalf of Velada Consulting, we submit this proposal for community outreach and education services to develop and implement a plan that creates an understanding of Measure PP.
The accompanying proposal details the approach that the Velada team proposes to implement to educate the residents about Measure PP.
We look forward to working with the City of Huntington Park.
Sincerely,
David Vela
Principal/CEO
VELADA Public Affairs
FIRM DESCRIPTION
Velada Public Affairs is an LGBTE/SBE/DBE certified Latino-owned public affairs firm that focuses on government relations, public outreach, crisis communications, media relations, social media, and strategy. The firm is composed of three full-time employees and two on-call consultants with an office in Downtown Los Angeles. Velada is a Single-Member S-Corp, founded in 2013. The firm has continuously grown over the years with an emphasis on government relations, community outreach and media relations within the State of California.
VELADA is an expert firm in Public Outreach. VELADA has proven methods to secure community consensus and educate the general public on the importance of major capital projects. In addition, VELADA has been at the forefront of utilizing technology and social media to execute a successful outreach campaign. VELADA’s team members have been successful at delivering large capital infrastructure projects such as the Alameda Corridor East Grade Separations, the Los Angeles Department of Water and Power San Fernando Groundwater Well Clean-Up, California High Speed Rail Construction Package One, the Los Angeles Community College District Build-LACCD Construction program and many more. Currently, Velada and its team members are currently working on various construction related projects, including the West Santa Ana Branch project and the Vermont Corridor project with LA Metro.
EXPERIENCE
VELADA team members have extensive experience providing public outreach support for Huntington Park’s community initiatives. The team develops and implements innovative outreach plans to inform the community about transportation, housing, and planning efforts.
The Velada team created cost-effective outreach plans that promote the City’s programs. Our team has developed engagement programming that yielded high community participation rates for the following projects: US Census, HP Bulk Recycling App, COVID emergency communications, General Plan, Pacific Blvd Redevelopment, HP Trolley, and Earth Day activities. The key to engaging the public for these projects is our understanding of the community demographics and our extensive networks of micro-communities within the city. 1 Project Understanding and Approach
To help manage the high demand for parking in Huntington Park, the City is asking voters to exercise their right to vote on Measure PP. The measure, if passed, enacts an overnight parking permit program on public streets within the City of Huntington Park.
Our team believes that voters form educated opinions at the ballot box through balanced engagement.
To implement Measure PP’s outreach plan, there needs to be an impartial and coordinated action plan, and our team can deliver that.
We are focused and confident that working together with the City of Huntington Park administrators and community partners, we will help implement a public education plan that works to create community understanding of Measure PP. This means we will listen more and find ways to enable our partners in local non-profits and business organizations as more than just an outlet for information but true partners invested in educating the community on the measure. 2 SCOPE OF WORK
The Velada team is committed to connecting with voters where they are and talking to them in their language and formats they prefer; whether it be in their homes, on their smartphones, in places of worship, or down on Pacific boulevard or Salt Lake Park, we have methods and ideas to reach, teach, and engage.
Our team’s approach to this plan is committed to consistent communication and sincere engagement with all stakeholders. To do so, the strategy will:
• Educate - Collect and review data
• Have a vision – Set goals for sharing information
• Explore – Prepare and develop alternative communication solutions for unpredicted circumstances • Document – Analyze and report key findings
We will meet the requirements of the City of Huntington Park’s Request for Proposal (RFP) by building upon our previous outreach efforts and using all relevant information to ensure the success of the engagement. Moreover, we take into consideration the following themes to further inform the development of the public outreach plan:
• Needs: Our team will work closely with City staff to develop educational messaging that articulates impartial information.
• Costs/Resource Controls: Our team will identify mechanisms to inform the public in a cost-effective matter
• Demographics: Our team has a deep understanding of community ‘characteristics and demographics and how to address specific issues that may arise
The Velada team, under the direction of City administrators, will conceptualize and develop an inclusive strategy that seeks to establish an educational engagement process for Measure PP that provides complete and timely information.
The objectives of public outreach activities are as follows:
1. To create awareness of the Measure PP projects among voters through the outreach materials;
2. To educate all stakeholders about the measure’s analysis, opportunities, challenges, and costs;
3. To provide the public with multiple opportunities to inquire about the Measure Outreach Materials
All of the materials developed for this effort will feature branding that will allow for the easy recognition of the project by all Huntington Park residents. It will also visually educate the Measure PP with an easily recognizable logo and tagline.
3 Tailor Project Website
Under the direction of City staff, our team will create and update content on the website as needed.
Also, we would recommend adding interactive content that could be accessible to people in Spanish. For example, our team would produce quick 30-second videos that can inform residents about the issue.
Media Relations
Measure PP should have a series of active media campaigns designed to educate residents further impartially. Our team will lead the following:
• The writing and development of the overall promotional media campaign by coordinating news releases, feature story pitches, media advisories, and photo opportunities. • We are working closely with City staff to relay a neutral message.
Press releases and regular outreach to local media outlets will be key to helping spread the word about Measure PP. Our team will contact the following media outlets:
• NEWSPAPERS: Los Angeles Times, Eastern Group Publications, La Opinion • Local TV Channels: KCBS 2, KNBC 4, KTLA 5, KABC 7, KCAL 9, KTTV 11, KMEX 34; Telemundo 52. 4 TEAM
DAVID VELA
PRINCIPAL / GOVERNMENT RELATIONS
SPECIALIST
SUMMARY
A Los Angeles native, David has had an extensive career in public service. In 2002, David served as Senior Legislative Assistant in the State Assembly handling Labor,
Transportation and Economic Development. David also
served as Senior Advisor to the California Employment
Development Department under the Gray Davis
administration. After his time in Sacramento, David spent 10 years as a Senior Deputy to Los Angeles County
Supervisor Gloria Molina, in charge of one of the largest unincorporated areas with more than 130,000 residents.
David was responsible for the delivery of municipal
services, capital projects and economic development. He also served as the political liaison to several of the cities in Supervisor Molina’s district. In 2012 he was asked to take the role of Chief of Staff to the Assembly’s Labor Committee Chair. In 2013 David Vela joined Lee Andrews Group as Senior Vice President where he grew revenue and led the firm to win major capital infrastructure projects to provide public relations. Before joining the Lee Andrews Group, David created his own government-consulting firm, VELADA Consulting LLC, which focuses on media relations and community outreach. David is also the founder of Honor PAC, a political action committee that focuses on equality in all levels of government.
David served eight years as School Board Member for the Montebello Unified School District and us currently a Member of the Los Angeles Community College District Board of Trustees. David received his Bachelor’s of Science from the University of California Los Angeles and he holds a Master’s Degree in Public Policy from Pepperdine University in Malibu. He resides in Montebello, CA.
Mr. David Vela is a bilingual (English/Spanish) public outreach and government relations professional with over 20 years of experience. David Vela established strong working 5 relationships with elected officials, media outlets, and stakeholder groups within the State of California and led numerous successful capital projects in the County of Los Angeles and the State of California, including the California High-Speed Rail project and the Alameda Corridor East project. His experience includes working with and on behalf of elected officials and public agencies and creating and implementing successful media and public awareness campaigns. He has facilitated large town hall meetings and overseen the creation of informational and collateral materials including fact sheets, newsletters, and public meeting notices. Mr. Vela is adept at effectively managing staff and budgets to ensure the successful and timely completion of projects. Mr. Vela served as a special advisor to the CA Employment Development Department, Senior Advisor and Chief of Staff to members of the CA State Legislature, Sr. Deputy to a Los Angeles County Supervisor and Senior Vice President at a full-service Public Affairs firm.
WORK
EXPERIENCE
SERVE Robotics Automated Robot Food Delivery System, Los Angeles, CA Mr. Vela continues to engage in public outreach activities on behalf of SERVE Robotics at CicLAvia, Los Angeles Gay Pride Festival, and the Friends of the LA River Clean-Up event. David created a robust stakeholder database which facilitated the coordination of meetings with elected officials, city staff, and community leaders. He facilitated community consensus by embarking in broad educational campaigns both on social media and physically to ensure support for the project.
David Vela performed agency coordination with CalTrans, City of Los Angeles, and the City of West Hollywood. He led the Public Relations campaign which consisted of collateral material and content to educate the public on the project as well as preparing PowerPoint slides and attending transportation, subcommittees, and meetings with City staff to educate officials on the technology. Outreached to community residents, Chambers of Commerce, Civic Groups and Nonprofits to introduce the project.
Los Angeles Community College District, BuildLACCD, Los Angeles, CA Mr. Vela managed a team of ten who administered project labor agreements, labor compliance, and small business enterprise outreach programs on various construction programs throughout LACCD’s nine colleges. He was responsible for creating agendas and presentations for Bond Program Update Meetings, Board of Trustees meetings, Roundtable meetings, Bond Steering Committee, Chancellor’s Cabinet Meeting, District Senior Staff Meetings, Facilities Committee Meetings, College Presidents Meetings, Small Business Advisory Council meetings and many more. Mr. David Vela was also part of the E-team who would meet weekly with Chief Facilities Executive to brief him on the status of community outreach and communications with the building program. He oversaw outreach of LSEDVB businesses, cities, and community residents of where projects were being built. In addition, he created news statements, press releases, and responded to media inquiries.
6 Alameda Corridor East (ACE), Community and Government Relations, Montebello, CA Mr. Vela works closely with the Construction Authority to help secure the approval of projects along the corridor. Mr. Vela conducted extensive community outreach, showcasing grade separation work that improved traffic flows and safety at crossings. He worked with stakeholders, community, and elected leaders and staff to ensure there is coordination on each project and input across the board. Specifically, Mr. Vela led one of the largest public outreach campaigns for the Montebello Blvd. Grade Separation project which consisted of months of outreach intended to educate the community on the importance of the completion of the project and the funding which would be lost if the city did not approve the project. Worked with community leaders, civic groups, senior centers, and many other stakeholders to finally get the project approved at the City of Montebello’s Planning Commission and City Council meeting.
City of Los Angeles Department of Water and Power, San Fernando Valley Groundwater Basin Remediation Project, Los Angeles, CA
Mr. Vela engaged the San Fernando Valley community around an innovative water infrastructure initiative and around a historic investment in the San Fernando Valley's future. In collaboration with LADWP and technical consultant Hazen Sawyer, Mr. Vela developed and implemented a public participation plan focused on ensuring broad-based participation by community stakeholders on a controversial and highly community-engaged project and developed a National Contingency Plan Terminology Lexicon. David developed collateral material with LADWP staff, conducted government relations activities, managed communications with key stakeholders, and planned and facilitated public meetings.
EDUCATION
Bachelor of Science (B.S) in Biological Anthropology
University of California Los Angeles, Los Angeles, CA
Master’s in Public Policy (MPP) with Concentrations in Economics and Intl. Relations Pepperdine University, School of Public Policy, Malibu, CA 7 PAULINA VELASCO
PROJECT MANAGER
SUMMARY
Paulina Velasco specializes in public policy, civic
engagement, and strategic communications at the local
and state levels. Having developed an intimate
knowledge of Los Angeles' communities and a strong
network of relationships with civic, labor, and political leaders across California, Paulina works within the public and private sectors to develop engagement strategies to increase consensus and maximize objectives.
As a Senior Vice President of Communications for
VELADA Consulting, she leads the implementation of
outreach plans and crafts of cutting-edge
communications and marketing campaigns. Paulina is a creative strategist specializing in the development of compelling and resonant content that shapes and informs public opinion on behalf of agencies and municipalities. Ms. Velasco has a proven record of success, managing many challenging projects; her experience and expertise have ensured the successful completion of notable and challenging multilingual electoral campaigns and engagement programs. She utilizes her knowledge and ingenuity to provide clients with solutions that combine a big-picture vision with real-world solutions to generate tangible results.
WORK EXPERIENCE
Los Angeles County Metropolitan Transportation Authority/ Los Angeles River Bike Path Gap Closure Project
Ms. Velasco supports the project planning team in its undertaking effort to close an eight-mile gap in the bike/pedestrian path along the LA River. Her regular activities include creating social media strategies, assisting with the development of creative pop-up event activities, staffing public meetings, and providing one-on-one outreach to Spanish-speaking stakeholders.
City of Carson- General Plan Update Outreach
Ms. Velasco has been instrumental in the roll-out of Carson’s General Plan update outreach. She develops outreach strategy and assists with the development of multimedia collateral materials, webpage content, and social media plans. She also creates surveys, facilitates public meetings, and develops engaging programs that help gather community input critical to informing the city’s updates to the General Plan.
8 Everyone In: Economic Inclusion Listening Tour, Long Beach, CA Ms. Velasco developed and implemented an outreach plan to garner input from diverse groups of traditionally under-represented residents of Long Beach. She coordinated and facilitated several focus groups, oversaw canvassing efforts, and directed the high-tech, high-touch engagement campaign that involved engagement of Community Based Organizations, online strategies, and street teams.
West Santa Ana Branch Transit Corridor Project, Los Angeles County Metropolitan Transportation Authority, Los Angeles County, CA
Paulina is assisting LA Metro with key stakeholder outreach and community participation during the project’s EIR phase. Paulina developed the targeted outreach plan, liaises with the team of Strategic Advisors to prioritize community resources, develop a multipronged engagement strategy, and ensure that our team complies with Metro’s requirements and quality standards.
Solid Waste Integrated Resources Plan (SWIRP), City of Los Angeles Bureau of Sanitation Paulina organized and conducted outreach for a series of 15 public information meetings educating Los Angeles residents on the content and implications of the Los Angeles Bureau of Sanitation’s Draft Program Environmental Impact Report (Draft EIR) for the Bureau’s Solid Waste Integrated Resources Plan (SWIRP). As part of this project, she met with community organizations, residents, and business owners throughout the City of Los Angeles to do briefings and presentations on the project.
EDUCATION
Master’s Degree in International Public Policy and Management Master of Degree in Environmental Studies
University of Southern California, Los Angeles, CA
Bachelor of Arts (B.A) in Political Science
Loyola Marymount University, Los Angeles, CA
9 KATHIA VELASCO
PROJECT COORDINATOR
SUMMARY
Kathia Velasco has vast experience creating content
development, media relations, research, reporting, and
graphics for clients. Before joining VELADA Consulting, Kathia worked on various projects such as the City of
Commerce, Quemetco, SCAQMD event planning, Metro,
and much more. Kathia's experience in media relations,
graphics, and social media has given her the knowledge to advance quickly at VELADA. Additionally, Kathia has
extensive experience growing social media pages organically and engaging with the community through media and
informational posts. She is well-rounded in all aspects of Media and Public Relations. She has assisted many project managers with coordinating outreach efforts to promote stakeholder engagement, public participation plans, and social media strategies. Ms. Velasco has also managed outreach efforts, social media campaigns, and event organizations for clients. She is well-versed in all aspects of public and media relations.
WORK EXPERIENCE
City of Huntington Park, Government and Media Relations, Huntington Park Throughout the project, Ms. Velasco has created multiple stakeholder databases, provided graphic designs for newsletters, fact sheets, flyers, and social media. She's involved in outreaching to the community regarding contests, census, community events, and coordinating community meetings. In addition, she's heavily involved in creating social media pictures, videos, and captions for the official city social media page. Ms. Velasco uses a program that assists with social media post scheduling. She uses this program to help with scheduling holiday posts and event reminder posts. Kathia assists in drafting press releases, sending press kits to the media, and being at the forefront in Huntington Park meetings to provide the city with any necessary outreach or collateral materials needed.
City of Baldwin Park, Government and Media Relations, Baldwin Park Ms. Velasco provides support in creating collateral material, such as event flyers and organizing outreach efforts to residents. Ms. Velasco has provided city officials and staff with social media training to grow their social media pages organically, verify the official City pages, and buy 10 Facebook and Instagram ads. In addition, she has created social media posts for upcoming events, COVID-19 updates, and more.
City of Carson, General Plan, Carson
Ms. Velasco assisted in the development of collateral materials, creating, and managing the stakeholder databases, and conducting outreach at city and community events. Ms. Velasco also helped integrate community input through an online and paper-based survey, collecting feedback from stakeholders. She assisted in facilitating community meetings and workshops designed to keep area stakeholders engaged and informed through meetings and pop-up events.
City of Commerce, Government and Media Relations, Commerce During this project, Ms. Velasco has assisted in creating social media pictures, videos, and captions for the
official city social media page. In addition, Ms. Velasco has helped create a social media strategy plan to rebrand posts with a new logo and color scheme. In this strategy, she suggested posting twice a week with content that provides valuable information for followers. Ms. Velasco also assists in content development, creating flyers for events, brochures for projects, and fact sheets for city measure campaigns. Ms. Velasco also helps outreach to community members for Bristow Park and city events. Lastly, she assists in drafting press releases and speeches.
EDUCATION
Bachelor of Arts (B.A.) in Public Relations and Advertising California State University Dominguez Hills, Carson, CA 11 PUBLIC AFFAIRS CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT (the "Agreement") is made and entered into effective this 4th_ day of October 2022 (the "Effective Date") at Los Angeles County, California by and between the City of Huntington Park (the “Client”), and Velada Consulting LLC, a California Corporation (the “Consultant”).
RECITALS
WHEREAS, Client desires to retain the Consultant in connection with the performance of certain consulting services, upon the terms and conditions set forth in this Agreement (the "Services").
SCOPE OF SERVICES
The Services to be provided to the City of Huntington Park by the Consultant shall consist of the tasks set forth in Exhibit "A" to this Agreement (the "Scope of Services").
This Agreement does not constitute an agreement for the performance of legal services or the providing of legal advice.
TERM OF AGREEMENT
This Agreement is to commence on the effective date and shall continue for 48 months until either party terminates it by giving thirty (30) days prior written notice. The term of this agreement may be extended by mutual written agreement.
COMPENSATION
A. For services rendered under this Agreement, Client shall pay Consultant the amount not to exceed $80,000 for community outreach and education services.
General Provisions
Consultant support services, such as travel, printing, reproduction, polling, and other direct expenses and other usual and customary out-of-pocket expenses, will be billed at cost. Expenses over $250.00 are subject to review by Client for approval. 12 NOTICES
Any and all notices and other communications hereunder shall be in writing and shall be deemed to have been duly given or received when delivered personally or forty-eight (48) hours after being mailed, via first class, postage prepaid, to the addresses set forth immediately below of the parties hereto or to such other addresses as either of the parties hereto may from time to time designate in writing to the other party.
Client:
Ricardo Reyes
City Manager
City of Hunting Park
6550 Miles Avenue
Huntington Park, California, 90255
Consultant:
David Vela
CEO/Principal
VELADA Consulting LLC
777 S. Alameda Street
Los Angeles CA, 90021
PROPRIETARY INFORMATION
By acceptance of this engagement, Consultant may obtain access to certain confidential information about Client. Such confidential information constitutes valuable, special, and unique property of Client. Accordingly, during or after the term of this agreement, Consultant agrees not to make any use or disclosure of such confidential information to any other person for any reason or purpose whatsoever except in furtherance of and pursuant to the purposes for which it is engaged by Client.
INDEPENDENT CONTRACTOR
Client and Consultant agree that in the performance of the services contemplated herein, Consultant shall be, and is, an independent contractor, and is not an agent or employee of Client. 13 Consultant has and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons assisting Consultant. Consultant shall be solely responsible for and shall hold Client harmless from all matters relating to the payment of Consultant's employees, including compliance with Social Security, withholding and all other regulations governing such matters.
LEGAL USE OF FUNDS
Consultant shall make no disbursement or other payments of any kind or character out of the compensation paid to it hereunder, or with any other fund, or take or authorize the taking of any other action, which contravenes any statute or rule, regulation, or order of any jurisdiction, including the State of California.
ARBITRATION
Any and all disputes between parties hereto in regard to the interpretation of this Agreement or any alleged breaches thereof shall be determined in arbitration in accordance with the rules and under the auspices of the American Arbitration Association under its commercial tribunal rules and procedures. The prevailing party in any such action shall be entitled to reasonable attorney’s fees.
SCOPE OF AGREEMENT
Client and Consultant agree that this Agreement constitutes the entire agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. Any modifications to this Agreement shall be effective only when agreed to in writing by both Client and Consultant.
If this proposal accurately sets forth our understanding and agreement, please sign where indicated below and return one copy of the Agreement to the Consultant. 14 AGREED AND ACCEPTED:
City of Huntington Park VELADA Consulting LLC
___________________ __________________________
By: Ricardo Reyes By: David Vela
Title: City Manager Title: CEO/Principal
Date: ______________ Date: October 4, 2022
Attachment B
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 4th day of October, 2022 (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a municipal corporation (“CITY”) and Velada Public Affairs Hereinafter, (“CONTRACTOR”). For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
I. ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”).
CONTRACTOR further agrees to furnish to CITY all labor, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”
1.2 TERM: This Agreement shall commence on October 4, 2022 to October 4, 2023. It is the CONTRACTOR’S responsibility to request an extension at least (60) days in advance of the expiration of term of the Agreement. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Services Exhibit “A”.
B. Section 1.3(A) notwithstanding, CONTRACTOR’S total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of $80,000 (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the City Manager and the Director of Finance. In the event CONTRACTOR’S charges are projected to exceed the Not-toExceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONTRACTOR’S performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR’S monthly compensation is a function of hours worked by CONTRACTOR’S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’S cessation or abandonment.
II. PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the City Manager and Interim Director of Community Development (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, “CONTRACTOR Representative”). CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONTRACTOR’S profession;
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.); D. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONTRACTOR’S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR’S employees and agents (including but not limited SUBCONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR’S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’S acceptance of any work performed by CONTRACTOR or on CONTRACTOR’S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONTRACTOR’S profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR’S duties or obligations under this Agreement without the prior written consent of CITY. In the absence of CITY’S prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR’S strict supervision.
CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR’S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall at all times be under CONTRACTOR’S exclusive direction and control.
CONTRACTOR shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR’S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR’S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.8 COMPLIANCE WITH LAWS: CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR’S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all persons retained or employed by CONTRACTOR are, and shall at all times remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY. CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUBCONTRACTOR. CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by CONTRACTOR or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
III. INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and CONTRACTOR dual liability.
B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance / Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONTRACTOR and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONTRACTOR in the course of carrying out the Work contemplated in this Agreement.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONTRACTOR’S INSURANCE: All policies of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’S elected or appointed officials, officers, employees, agents or volunteers shall be in excess of CONTRACTOR’S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUBCONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY’S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’S financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONTRACTOR warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR’S commencement of any work or any of the Work. Upon CITY’S written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
IV. INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR’S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR’S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR’S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONTRACTOR under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR’S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’S choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V. TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day’s prior written notice of CITY’S intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination.
CONTRACTOR may not terminate this Agreement except for cause as provided under Section
5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section
6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’S written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’S ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’S issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’S employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’S employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’S issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR’S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR’S and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR’S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’S discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR’S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’S failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’S performance under this Agreement pending CONTRACTOR’S cure of any Event of Default by giving CONTRACTOR written notice of CITY’S intent to suspend CONTRACTOR’S performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’S ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, CITY may extend the time of performance;
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR’S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’S exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR’S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI. MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all SUB-CONTRACTORS working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement.
CONTRACTOR shall not use CITY’S name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONTRACTOR: CITY:
Velada Public Affairs City of Huntington Park
777 S. Alameda St. 2nd Floor 6550 Miles Avenue
Los Angeles, Ca 90021 Huntington Park, CA 90255
Attn. David Vela Attn: Ricardo Reyes, City Manager
Phone: (323) 582-6161
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONTRACTOR shall not SUB-CONTRACTOR any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. SUB-CONTRACTORS (including without limitation SUB-CONTRACTORS with SubCONTRACTOR’S), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California.
If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart(s) shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF HUNTINGTON PARK: CONSULTANT, INC.:
By: Ricardo Reyes, City Manager By: David Vela, CEO
Date: Date:
APPROVED AS TO FORM:
By: City Attorney
Date:
EXHIBIT “A”
SCOPE OF WORK
NAME OF CONSULTANTS, INC.