Huntington Park City Council
March 19, 2024

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

STEVE FORSTER
Community Development Director/Acting Public Works Director

ATTACHMENT(S)

1. RFQ for professional services related to the development of plans, specifications and estimate for City Hall.

CITY OF HUNTINGTON PARK

REQUEST FOR QUALIFICATIONS FOR
Architectural Services
QUALIFICATIONS DUE DATE: April 24, 2D24, AT 2:DD P.M.

B550 Miles Ave
Huntington Park, CA 90255
Contact: Steve Forster
323.9GI-I865
sforsterlghpca.gov
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Table of Contents

1. INTRODUCTION 3

2. OVERVIEW 3

3. SCOPE OF SERVICES 3
A. Tasks 4

4. KEY PERSONNEL 5

5. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT 5

6. INSURANCE REQUIREMENTS 5

7. EVALUATION CRITERIA 6

8. SELECTION PROCESS 6

9. REQUIRED FORMAT FOR TECHNICAL QUALIFICATIONS SUBMITTAL 6

10. FEE 8

11. QUESTIONS REGARDING THIS RFQ 8

12. QUALIFICATIONS SUBMITTAL PROTOCOL 9

13. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ PREPARATION ....9 Request for Qualifications
Professional Services for Architectural Services

1. INTRODUCTION
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The City of Huntington Park (City) seeks the services of an architectural firm to provide services to analyze, investigate, produce plans, specification, and cost estimates to remodel City Hall. The current facility is in excess of 50 years old and has experienced minor modifications over the years.

Due to wear and extended use of the facility, the mechanical, electrical and plumbing (MEP) have become outdated and no longer viable to operate and maintain. In addition, workspaces, ceiling, wall, and floor coverings are to be addressed as part of the project. The interior improvements are to be conducive to hosting city staff relative to civic center activities. The selected firm will work closely with Cities staff members that oversee the operation and maintenance of the existing facility.

The selected firm will be expected to evaluate the buildings infrastructure and provide recommendations for improvements. In addition, the selected consultant will prepare plans, specifications and cost estimate associated with the recommended improvements. The City is seeking a consultant whose combination of experience and personnel will provide timely, cost effective and quality professional services to the City.

2. OVERVIEW
The City of Huntington Park currently has evaluated the interior of City Hall. A preliminary analysis has concludedthat the MEP and interior modifications are passedtheir normal life span. Additionally, the facility may have contaminates, such as asbestos and lead that will need to be evaluated for removal. Thepurposeof thearchitectural function willbe to provide athird-party analysis of thefacility floor plan that would indicate modifications and further articulate possible locations of contaminated materials. The plans and specifications would also be accompanied by a cost estimate for the proposed improvements. The successful consulting firm shall also have the resources to provide cost effective and timely services, which includes technical expertise of the subject matter

3. SCOPE OF SERVICES
The City is seeking a qualified consultant to provide technical professional services. The selected contractor will be requiredtohave qualified individuals that have demonstrated experience withinthe Municipal Architectural industry.

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A. Tasks -
• RFQ requirement:
* A Letter of Introduction to include its understanding of the scope of services.

The firm's approach to delivering the scope of services.

Brief company profile and number of years the firm has been inbusiness.

Location of principal office that will be responsible for the implementation of this contract.

Description of the professional qualifications of the personnel who will be assigned to work in the City. While the Consultant may propose any staffing scenario to effectively perform the services, the Qualifications shall identify the key personnel who will be assigned to perform the services and how, where, and when those services will be provided.

Cost Qualifications (including hourly rate) for Services.

Schedule of Compensation. The method of payment upon negotiation of an agreement shall be monthly payments based upon satisfactory progress and the submission of requests for payments.

Include any critical paths for timely and competent completion of all work contemplated under this RFQ.

Develop and maintain Project Schedule for approval based on City approval process and applicable date restrictions.

Conduct scoping meeting with City to discuss any deviation from initialtasks.

Consultant shall incorporate all federal, state, and local laws, rules, and regulations.

QUALIFICATIONS OBJECTIVES INCLUDING BUT NOT LIMITED TO:
• Evaluation of the existing building.
• Evaluation of the “real” cost of suggested improvements. • Preparation of an architectural floor plan.
• Evaluation of possible locations of contamination.
• Itemized list of improvements.
• Develop complete plans, specifications and estimate for public bidding purposes.

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4. KEY PERSONNEL
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It is imperative that the key personnel providing the consulting services have the background, experience, andqualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the consultant may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project. The City reserves the right to request that the consultant replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

5. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
Please see ATTACHMENT 2 -CITY’S STANDARD PROFESSIONAL SERVICE AGREEMENT.

6. INSURANCE REQUIREMENTS
Please see ATTACHMENT 3 - CITY’S STANDARD INSURANCE REQUIREMENTS.

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7. EVALUATION CRITERIA
Each Qualifications shall be evaluated based on the consultant’s expertise, experience and training and the expertise of its key personnel along with prior contracting history, approach to the project, cost, proposed schedule and compliance with the RFQ requirements including the terms of the attached PSA. Each such factor shall be weighted by the City asfollows:
• Expertise, Experience and Training Plus Prior Contracting History (90%) - The expertise, experience and training of the consultant and its key personnel and the previous experience with similar work in similar fields and qualifications and depth of staff that will perform the work on this project. This factor includes evaluation of the consultant’s prior contracting history, including the review of the consultant’s certifications relating to false claims, debarment and civil litigation.
• Compliance with RFQ (10%) -The ability of the consultant to comply with all instructions set forth under this RFQ as well as the consultant’s ability to agree to all of the terms and conditions of the attached PSA without modification, particularly as relates toindemnification, insurance requirements and standards of care.
* Use of the City of Huntington Park City Seal is prohibited.

8. SELECTION PROCESS
A selection committee comprised of the City staff will review the Qualification. Qualification will be ranked on qualifications and the selection committee may choose to interview several of the top¬ ranked consultants. However, at its sole discretion the selection committee may dispense with interviews and select a consultant to perform the work. • Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection.
• Cost - The proposed compensation structure (inclusive of hourly rates of compensation, pass through costs and sub-consultant costs) for the performance of Tasks, inclusive of its proposed not-to-exceed sum. The proposed compensation structure for all Additional As-Needed Tasks and Services. The proposers planned strategy for containing costs incurred by City while still meeting the objectives and standards set forth under the RFQ.

9. REQUIRED FORMAT FOR TECHNICAL QUALIFICATIONS SUBMITTAL All Qualifications shall include the following information and comply with the associated page limit restrictions. Note that 1 page includes the front side of an 8.5” x 11” sheet of paper and the cover does not constitute a page:

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Cover Letter: Maximum 1-page cover letter signed by an officer of the firm, binding the consultant to all of the commitments made in the submittal. The letter shall include name, address and phone number of the person authorized to represent the consultant and shall include the following Statement:

I HAVE READ, UNDERSTOOD, AND AGREED TO ALL STATEMENTS IN THIS REQUEST

FOR QUALIFICATIONS AND ACKNOWLEDGE RECEIPT OF ALL

ADDENDUMS/AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS, AND ATTACHMENTS REFERENCED.

Consultant’s Background: Maximum 2-page background on the consultant and its area(s) of professional expertise relevant to this RFQ. An additional 1 page may be included to highlight the background of each proposed subconsultant to be used by the consultant and the specific task(s) or functions the subconsultant will perform.

Qualifications and Experience of Consultant’s Personnel: Maximum 3-page summary of the relevant work experience, work history, training, education, and special certifications of the consultant’s personnel who will be performing the professional services contemplated under this RFQ on the consultant’s behalf. Briefly discuss the Consultant team’s qualification and experience with projects of similar magnitude and nature. Consultants shall provide identical information for all subconsultants performing any of the tasks or services contemplated under this RFQ on the consultant’s behalf. The summary shall also include the office location of key personnel proposed to work on this contract. Relevant experience can include your company’s overall experience, experience with similar projects andthe experience of individuals on your proposedteam. Show how your experience relates to the demands of this project.

Project Approach: Maximum 2-page of the proposed approach to designing this improvement project. Theproposer shall explain the way in which theproposer will timely complete all of the tasks called for under this RFQ along with any estimate of the time it will take to complete each task.

Include a brief overview of the Consultant’s understanding of the project. The content will reflect the particular viewpoint of the Consultant.

Proposed Personnel: Maximum 2-page resume for the project manager and 1-page resume for each of the other key personnel, including subconsultants, which will be performing the majority of the work on this project/contract. Resumes for corporate leadership should not be included unless said individuals will be performing substantial work on this project. The designated Project manager shall be theprimary contact withthe City during the contract period andshall functioninthat capacity while employed by the firm. In addition, the City must approve changes ofpersonnel.

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Quality Assurance/Quality Control: Maximum 1-page brief description of the consultant’s approach to implement a Project-specific Quality Control Plan. Describe the major elements and steps of thequality assuranceI quality control (QA/QC) program andprocedures that will be followed for each deliverable (i.e. engineering discipline review, coordination review, constructability review, QA/QC, control review, etc.).

References: Each consultant must include at least 3 public agency references going back not more than five (5) years from the issuance of this RFQ in which the consultant was engaged to perform tasks similar to those requested under this RFQ. References should place an emphasis on past projects in which the personnel to be used by consultant for this project were deployed. The references should include the name, title and contract information of the public agency officer or employee responsible for overseeing the consultant’s work.

Fee Schedule/Cost Qualifications: Maximum 1-page detailed cost estimate for performing specific Tasks identified in the RFQ and a schedule of rates for each proposed personnel that may be tasked to complete the project. The Task-specific cost estimate shall include an estimate of the number of hours per staff member by proposed task and clearly identify and hourly rate schedule for proposed staff. The Qualifications shall include the compensation structure for performing specific services identified in Task 1 (e.g. flat lump sum or hourly rate structure) for each Task. The Qualifications shall also include costs and expenses related to photocopying, postage, travel, etc. (i.e.

Reimbursement expenses, if any). To the extent that a Qualifications contemplates the use of the subconsultants to perform any one or more of the above-described tasks on the consultant’s behalf, the Qualifications shall include a List of Subconsultants identifying all subconsultants and state the fee for each subconsultant in the Fee Schedule under the appropriate Task under which the service will be provided. In sofar as theproposer’s Qualifications contemplates an increasein compensation rates or charges prior to the completion of Tasks, and during the term of the portion of the PSA or any extension term the Qualifications shall clearly indicate when such increases will take effect and by how much.

10. FEE
The Fee Schedule/Cost Qualifications (Attachment 4) shall be delivered in a separate sealed envelope which is plainly marked on the outside “Professional Services for Architectural Services” and addressed to the location in item No. 12. The envelope shall contain the name and address of the consultant clearly marked on the outside.

11. QUESTIONS REGARDING THIS RFQ
All questions regarding this RFQ must be submitted via
email: Steve Forster, Director of Community
Services/Acting Public Works Director
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E-mail: sforster(a)hpca.gov
Questions regarding this Qualifications shall be submitted via email by 2:00 PM, April 15, 2024. In response to all questions received by this date, City will post an Addendum or Responses to the Questions on the City's website on or before 2:00 PM, April 18, 2023. Responses to the Questions will be emailed to every individual that has downloaded the RFQ directly from the City’s website.

12. QUALIFICATIONS SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit three (3) hard copies and one (1) electronic copy (flash drive) of their Qualifications no later than 2:00 PM, April 24, 2024 to:

City of Huntington Park -City Clerk’s Office
Attn: Steve Forster, Director of Community Development
6550 Miles Avenue
Huntington Park, CA 90255

13. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQPREPARATION The City shall not be liable for any pre-contractual expenses incurred by any consultant or by any selected consultant. Each consultant shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating inthepreparation of its response tothis RFQ. Pre-contractual expenses are defined as expenses incurred by consultants and the selected consultant, if any, in:

Preparing and submitting information in response to this RFQ Negotiations with the City on any matter related to this procurement Costs associated with interviews, meetings, travel or presentations All other expenses incurred by a consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFQ. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all Qualifications.

ATTACHMENTS:

ATTACHMENT 1-IMPORTANT DATES
ATTACHMENT 2- CITY’S STANDARD PROFESSIONAL SERVICE AGREEMENT ATTACHMENT 3-CITY’S STANDARD INSURANCE REQUIREMENTS
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ATTACHMENT 1-IMPORTANT DATES
RFQ ISSUED March 20, 2024
MANDATORY JOB-WALK April 8, 2024
REQUEST FOR INFORMATION DEADLINE: 2:00 PM April 15, 2024 RELEASE OF INFORMATION REQUESTED: 2:00 PM April 18, 2023 QUALIFICATIONS DUE DATE/SUBMISSION DEADLINE: 2:00 PM April 24, 2023 TENTATIVE CITY COUNCIL AWARD DATE May 7, 2024
APPROXIMATE NOTICE TO PROCEED DATE May 28, 2024
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ATTACHMENT 2 - CITY’S STANDARD PROFESSIONAL SERVICE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT
(Engagement: [SERVICE BEING PROVIDED])
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement”) is made and entered into this [DATE] (hereinafter, the “Effective Date”), by and between the CITY OF HUNTINGTON PARK, a California municipal corporation (“CITY”) and [NAME OF CONSULTANT], a California Corporation INSERT OTHER FORM OF ENTITY> (hereinafter, "CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT are sometimes hereinafter individual referred to as a “Party” and collectively referred to as “Parties.”

RECITALS
This AGREEMENT is made and entered into with respect to the following facts:

WHEREAS, CITY has determined that it requires professional services from a consultant to [BRIEFLY DESCRIBE THE OCNSULTING SERVICES TO BE PERFORMED],
WHEREAS, on Effective Date, the CITY entered into a Professional Services Agreement (the “Master Agreement”) with [NAME OF CONSULTANT] to provide [SERVICES]; and
WHEREAS, CONSULTANT represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, CONSULTANT further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS,the execution of this Agreement was approved by the Huntington Park City Council at its Regular Meeting of [DATE].

NOW, THEREFORE, for and in consideration of performance by the Parties of the mutual covenants and conditions herein contained, the CITY and CONSULTANT agree as follows:

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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, CONSULTANT agrees to perform the services and tasks set forth in that certain document entitled “Scope of Services” and attached hereto as Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and work necessary to competently perform and timely complete the services and tasks as 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.”

1.2TERM: The term of this Agreement shall commence at 12:00 a.m. on the Effective Date. This Agreement shall have an initial term of [NUMBER] years commencing from the Effective Date unless terminated as provided elsewhere in this Agreement (hereinafter, the "Term"). The term of this Agreement shall expire at 11:59 p.m. on [INSERT DATE] (hereinafter, the "Expiration Date”), unless extended by written agreement or terminatedin accordance with this Agreement. Upon the conclusion of the Term, this Agreement may be renewed fora [YEARS] year extension term, upon mutual agreement of the Parties and approval from City Council, unless either Party issues written notice sixty (60) days in advance of its intent not to authorize an additional extension term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’S ability to terminate this Agreement at any time for convenience or for cause as further set out herein.

1.3COMPENSATION: During the term of this Agreement and any extension term provided herein, CONSULTANT shall perform the Services set forth in Section 1.2 above, at the rates of compensation set forth in the Rate Schedule reflected inExhibit “B”. Subject to the CPI Index Adjustment section of Exhibit “B”, CONSULTANT further agrees that the total compensation for the Work shall not exceed the sum total of $ [AMOUNT], (hereinafter, the "Contract Price”), and also not exceed the total sum of$[AMOUNT] DOLLARS per year /($[AMOUNT|) per month (hereinafter, the “Base Fee”). CONSULTANT shall not exceed the Contract Price unless such added expenditure is first approved by the CITY Council acting in consultation with the City Manager. In the event CONSULTANT'S charges are projected to exceed the Contract Price prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’Sperformance of any additional Work outside the Work as defined in Exhibit A, pending CITY approval of any anticipated expenditures in excess of the Contract Price or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: On the first of each month, CONSULTANT shall submit to CITY an itemized invoice for that month’s Base Fee and indicating the additional services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT'S monthly compensation is a

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function of hoursworked by CONSULTANT’Spersonnel, 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 pay any undisputed amounts. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed amounts included in the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered underthis Agreement fora period of three (3) years after the expiration or termination of this Agreement. CITY shall have the reasonable right to access and examine such records, without charge. CITY shall own and further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT 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, CONSULTANT shall deliver to CITY immediately and without delay, all written materials, including any electronic communications, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT 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 CONSULTANT'S cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the City Manager (hereinafter, the “CITY Representative") to act as its representative for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representative or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [WHO CONSULTANT DESIGNATES] to act as its representative for the performance ofthis Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT 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

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CONSULTANT Representative shall constitute notice to CONSULTANT.

CONSULTANT may, by written notice to CITY, advise CITY of any change in CONSULTANT Representative.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff inthe performance of the Work and this Agreement and shallbe available to CITY staffandthe CITY Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform allWork skillfully, competently and in accordance with industry standards of CONSULTANT’S profession;
B. CONSULTANT shall perform all Work in a manner in accordance with this Agreement;
C. CONSULTANT 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 etseq.)\
D. CONSULTANT shall be knowledgeable and subject to CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command;
E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. Except as otherwise set forth in this Agreement, all of CONSULTANT’S employees and agents (including but not limited to subCONSULTANTs and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’S failure to comply with its obligation set out herein or failure on the part of CONSULTANT’S employees, agents, CONSULTANTS, subCONSULTANTs and subconsultants to fulfill its obligations herein. Such effort by CONSULTANT to

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correct any errors or omissions shall be commenced as soon as reasonably practicable upon their discovery or notice by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing, in accordance with applicable industry standards. The Parties acknowledge and agree that CITY’S acceptance of any work performed by CONSULTANT or on CONSULTANT'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 CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and in accordance with applicable industry standards of CONSULTANT’S profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’S willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, thisAgreement or the performance of any of CONSULTANT’S duties or obligations under this Agreement without the prior written consent of the CITY, which consent shall not be unreasonably withheld. CITY shall have up to sixty (60) calendar days to consider any proposed assignment by CONSULTANT.

CONSULTANT can withhold consent where the CITY determines that the proposed assignee does not have the financial capacity to comply with the terms of this Agreement. 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. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONSULTANT:

The Work shall be performed by CONSULTANT or under CONSULTANT’S strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent CONSULTANT basis and not as an employee.

CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT'S competent and timely performance of the 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 CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’Sexclusive direction and control. CONSULTANT shallpay 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.

CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax

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withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’S officers, employees, agents, CONSULTANTS, subCONSULTANTs or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT'S officers, employees, agents, CONSULTANTS, subCONSULTANTs or subconsultants tail or refuse to perform the Work in accordance with this Agreement, such officer, employee, agent, CONSULTANT, subCONSULTANT or subconsultant shall be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.

2.8 BUSINESS LICENSE: Consultant shall obtain a City business license prior to commencing performance under this Agreement.

2.9 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or focal laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if CONSULTANT is an out-of-stat corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to section 2105 and 17451 of the California Corporations Code. The CITY, its officers and employees shall not be liable at law or equity occasioned by failure of CONSULTANT to comply with this Section. CONSULTANT’S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements. To the extent that any changes in applicable law result in an increase in CONSULTANT’S cost of performance, the Parties shall negotiate in good faith to reach a mutually agreeable price adjustment. Should the Parties fail to reach such an agreement within 30 days (or such other agreeable time period) of CONSULTANT'S notice to CITY of its increased cost of performance, either Party may terminate this Agreement upon 60 days’ written notice.

I. In the event that water treatment violations occur following the effective date of this Agreement, subject to Sub-Section (b) of Section 7.25 below and the applicable Force Majeure provisions, the CONSULTANT shall, in respect of violations that may be imposed by Applicable Law and to the extent due to CONSULTANT'S fault, be responsible for: fines, penalties, or damages. Prior to settlement or payment of any such fines, penalties or damages, the CONSULTANT reserves the right to contest government or private actions, suits or proceedings for violations through administrative procedures or otherwise.

II. To the extent that violations of applicable laws, rules, regulations or permits are caused by failures in the facilities or causes beyond CONSULTANT’S control, including the CITY'S failure to approve recommended repairs or maintenance, CONSULTANT will use its best efforts to maximize performance of the Facilities but shall not be responsible for associated violations or damages, fines or penalties which result.

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2.10 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subCONSULTANT, subconsultant, 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 or sexual orientation. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT state either that it is an egual opportunity employer or that all Qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. CONSULTANT will cause the foregoing provision to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial suppliesor raw materials.

2.11 CONFLICTS OF INTEREST: CONSULTANT covenants that it presently has no interest and shall not acguire any interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement. CONSULTANT shall not perform any work for another person or entity for whom CONSULTANT was not working at the Effective Date if both (ij such work would reguire CONSULTANT to abstain from a decision under this Agreement pursuant to a conflict of interest statute: and (lb CITY has not consented in writing prior to CONSULTANT'S performance ofsuch work.

2.12 PERSONNEL: CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by CONSULTANT or under its supervision, and all personnel engaged in the work shall be Qualified to perform such services. CONSULTANT reserves the right to determine the assignment of its own employees to the performance of CONSULTANT'S services under this Agreement, but CITY reserves the right, for good cause, to reguire CONSULTANT to exclude any employee from performing services on CITY'S premises. <Name of individual shall be CONSULTANT'S project administrator and shall have direct responsibility for management of CONSULTANT'S performance under this Agreement. No change shall be made in CONSULTANT'S project administrator without CITY’S prior written consent.

2.13 OWNERSHIP OF WRITTEN PRODUCTS: All reports, documents or other written material ("written products") developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT.

2.14 CITY RESPONSIBILITIES: During the term of this Agreement the CITY shall:

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a) obtain and maintain all state, federal, and local permits and licenses required for ownership, operation and maintenance of the Facilities, including without limitation, the CITY’S Permits;
b) comply with Applicable Law relating to the management, ownership, operation, maintenance, repairand replacement of the Facilities (to the extent that the responsibility of complying with those laws is not specifically assumed by the CONSULTANT under this Agreement). The CONSULTANT shall not be responsible for the CITY'S failure to comply with any provision of Applicable Law that is not otherwise specifically assumed by the CONSULTANT hereunder.

III.

INDEPENDENT CONTRACTOR

3.1 INDEPENDENT CONSULTANT STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent CONSULTANTS and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONSULTANT, and SUBCONSULTANT. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation,debt or liability of any kindonbehalf of, or against, CITY, whether by contractor otherwise, unless such authority is expressly conferred to CONSULTANT under thisAgreement or is otherwise expressly conferred by CITY in writing. Neither the CITY nor any of its elected officials, officers or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of the CITY.

Except as provided in this Agreement. CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT. CONSULTANT’S employees or CONSULTANT’S subcontractors for injury or sickness arising out of performing services hereunder. Further, the CONSULTANT is not entitled to any benefit typically associated with an employee, such as medical, sick leave or vacation benefit.

3.2 The parties further acknowledge and agree that nothing inthis Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

3.3 CITY shall not deduct from the compensation paid to CONSULTANT any sums reguired for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or reguired as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers' compensation or any other insurance.

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IV.

INSURANCE

4.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirementsand specifications set forth underthis Article.

CONSULTANT shallprocure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT 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 Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT 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 One Million Dollars ($1,000,000.00) 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. However, if the CONSULTANT has no employees, for example a sole practitioner or a partner in a firm with only contracted support staff, then Workers’ Compensation is not required by the State. CONSULTANT shall the city’s form stating they are either the owner of the organization or a partner, and are exempt from the State’s workers’ compensation requirements because they have no employees and agree to hold the Entity harmless from loss or liability for such. A waiver must be signed.

4.2 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.

4.3 The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT'S insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

4.4 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and

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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.

4.5 PRIMACY OF CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT 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 CONSULTANT’S insurance and shall not contribute with it.

4.6 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shallnot prohibit CONSULTANT or CONSULTANT’Sofficers, employees, agents, subCONSULTANTs or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

4.7 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’S financial well¬ being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article. The certificates of insurance and endorsements for each insurancepolicy shall be signed bya person authorized by that insurer to bind coverage on its behalf. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’S commencement of any work or any of the Work. Upon CITY'S written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

V.

INDEMNIFICATION

5.1 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, orany other cost arising out of or in any way related to this Agreement subject to Paragraph 5.2 and 5.3.

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. CONSULTANTacknowledges that CITY would not

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enter into this Agreement in the absence of CONSULTANT’S commitment to indemnify, defend and protect CITY as set forth herein.

5.2 Work of CONSULTANTS Design ProfessionalsServices: Except for direct claims by the Parties against each other, the duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of section 2782.8 of the California Civil Code in So far as such negligence, recklessness or willful misconduct occurs in the performance work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert feesand all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT'S officers, employees, servants, agents, CONSULTANTS, subCONSULTANTs or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in section 2778 of the California Civil Code. CONSULTANT’S obligation to indemnify applies except to the extent that it is finally adjudicated that the liability was caused by the active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’S indemnification obligation shall be reduced in proportion to the established comparative liability.

5.3 Work of All Other Persons/Non-Desiqn Professionals:Except for direct claims by the Parties against each other and as otherwise provided under Section 5.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend (with counsel of the CITY'S choosing) and hold harmless the CITY Indemnitees from and against all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property of every nature arising out of, pertaining to, or caused by CONSULTANT’S negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S officers, employees, agents, servants, CONSULTANT, SUBCONSULTANTs or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost to the extent caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmlessas set forth under this

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subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

5.4 CONSULTANT shall reimburse CITY Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

5.5 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers.

5.6 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subCONSULTANT or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’S elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’S subCONSULTANTs or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY'S choice.

5.7 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

5.8 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.

5.9 PERS ELIGIBILITY INDEMNITY: In the event that the CONSULTANT or any employee, agent, or subcontractor of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, the CONSULTANT shall indemnify, defend,

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and hold harmless the CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of the CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, of any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

VI.

TERMINATION

6.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar day’s prior written notice of CITY'S Intent to terminate this Agreement.

CONSULTANT shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice CITY. CONSULTANT'S notice of termination without cause shall specify the effective date of such termination, which effective date shall not be less than 90 days from the written notice, Upon such termination for convenience, CONSULTANT shall be compensated only forthose services and tasks which have been performed by CONSULTANT up to the effective date of the termination. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar daysof CITY’S written request. No actual or asserted breach of this Agreement onthe part of CITY pursuant to Section 6.2, below, shall operate to prohibit or otherwise restrict CITY’S ability to terminate this Agreement for convenience as provided under this Section.

6.2 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 ortask 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 6.2.B and 6.2C 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

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of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT 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 CONSULTANT to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’S employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additionaltime forthe cure of an Event of Default under this Section 5.2 BJ. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) 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 30- day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-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 6.2B.ii that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’S and/or its employees’ disregard or violate any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’S refusal or failure to perform or observe any material covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY'S discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior

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to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY'S failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT'S Default Notice to CITY.

D. Either Party may also immediately suspend performance under this Agreement pending the Defaulting Party’s cure of any Event of Default by giving said Party written notice of the Party’s intent to suspend performance (hereinafter, a “Suspension Notice”). A Party may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT in accordance with this Agreement 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 waiverofany other or subsequent Event of Defaulter 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 itssole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon a thirty (30) day written notice to CONSULTANT, the CITY may terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’S breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

G. In the event CITY is in breach of this Agreement, CONSULTANT'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

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6.3 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.

6.4 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.

VII.

MISCELLANEOUS PROVISIONS

7.1 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 andData” meansand includes all materials, equipment, 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 CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subCONSULTANTs and subCONSULTANT working on behalf of CONSULTANT 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 subCONSULTANT or subCONSULTANT as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

7.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT 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. CONSULTANT 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.

7.3 NON-LIABILITY OF OFFICIAL AND EMPLOYEES OF THE CITY: No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to

CONSULTANT

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7.4 WARRANTIES: Each of the Parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter Whatsoever; and C. It is agreed that each party has the full right and authority to enter into this agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

7.5 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 etseq.

7.6 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:

CONSULTANT: CITY:
[NAME AND ADDRESS] City of Huntington Park
[DEPARTMENT]
6550 Mile Avenue
Huntington Park, CA 90255
Attn: [REP FOR CITY, TITLE
Phone; (626) XXXXX
Fax: (626) XXXXX
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 afterdeposit with the United StatesPostal Service, first class postage prepaid and addressed to the Party at its applicable address.

7.7 COOPERATION: FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is

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reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

7.8 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subCONSULTANTs), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement with the exception of provisions relating to insurance requirementsand indemnification.

7.9 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other CONSULTANTS in connection with the various projects worked upon by CONSULTANT.

7.10 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement.

Further, CONSULTANT warrantsand represents that it hasnot paidnor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of thisAgreement, 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.

7.11 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

7.12 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, the venue, without exception, shallbe inthe 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.

7.13 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.

7.14 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

7.15 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.

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7.16 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.

7.17 SEVERABILITY: If any section, subsection, sentence, clause or phrases of this Agreement, orthe application thereof to any of the Parties, is for any reason declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and may be enforced by the Parties to the Agreement.
7 18 NON-WAIVER: The waiver by CITY or CONSULTANT of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term covenant or condition herein contained. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by CITY with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by CITY or CONSULTANT unless in writing.

7.19 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.

7.20 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.

7.21 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.

7.22 MISCELLANEOUS:

A. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

B. The representations and warranties made by the Parties to this Agreement shall survive the consummation of the transaction herein described.

C. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by strikes, disturbances, riots, fire, severe weather, government action, war acts, acts of God, or any other cause similar or dissimilar to the foregoing which are beyond the control of the party from whom the affected performance was due.

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D. Each Party has cooperated in the drafting and preparation of this Agreement.

Therefore, this Agreement shall not be construed against any Party on the basis such Party drafted this Agreement or any provision within it.

7.23 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 CONSULTANT 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.

7.24 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 counterparts 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 CONSULTANT and the two remaining counterparts shall remain with the City for archiving and dayto-day reference by the department responsible for administering the Agreement on the City's behalf.

7.25 Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable for punitive damages.

7.26 FORCE MAJEURE: A party’sperformance of any obligation under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of any event of Force Majeure. In any such event, the party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a party, including without limitation: (a) acts of God; (b) flood, fire, earthquake, hurricane or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law that prevents CONSULTANT from performing its obligations as set forth in this Agreement; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority that prevents CONSULTANT from performing its obligations as set forth in this Agreement; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees;] (i) shortage of adequate power or transportation facilities.
[SIGNATURE PAGE TO FOLLOW]

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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: [NAME OF CONSULTANT]
By: By:

Ricardo Reyes
City Manager Name:

Title:

APPROVED AS TO FORM:

By:

City Attorney

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ATTACHMENT 3 - CITY’S STANDARD INSURANCE REQUIREMENTS
Office of the City Clerk

INSURANCE REQUIREMENTS
The City of Huntington Park requires that applicants must submit to theOffice of the City Clerk proof of Liability Insurance in the following amounts.

Coverage shall be at least as broad as:
• General Liability -Minimum Limits of: (Pending Event) • $1,000,000 per occurrence and $2,000,000 general aggregate; • $2,000,000 per occurrence and $4,000,000 general aggregate; or • Other:
for bodily injury, personal injury and property damage, including operations, products and completed operations
• Automobile Liability -if vendor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. (Note-required only if auto is used in performance of work) • Workers Compensation -required by the State of California, with statutory limits, and employer's liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note -required only if vendor has employees) ★Special Events sen/ing/selling alcohol must also include Liquor Liability (limits will vary depending on event type)
The General Liability policy is to contain, or to be endorsed to contain the following:
• The City of Huntington Park, its officers, officials, employees, and volunteers are to be covered as additional insureds.

Special Event Holder or Permittee shall hold harmless, defend and indemnify Entity and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation 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 the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the Entity.

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Certificate Holder:
• City of Huntington Park, 6550 Miles Avenue, Huntington Park, CA 90255 Acceptability of Insurers:
• Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VI), unless otherwise acceptable to the Entity.

A typed legible name of the Authorized representative must accompany the signature on the certificate of insurance and/or the true andcertified copy of the policy

THE ENDORSEMENT PAGE MUST ACCOMPANY THE ACORD FORM
CERTIFICATE OF LIABILITY.

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SUBJECT TO CHANGE ACCORDING TO EVENT
DATE

CERTIFICATE OFLIABILITY INSURANCE
InsuredName &Address
COVERAGES CERTIFfCATE NUMBER: REVISION NUMBER:
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Name &.Address Ixpuiance
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SHOOLB ANY OFT“£ fl®3¥E DESCsCSEDFGLKHE3 8ECRNCELLED BEFORE THE EXPRATION DATS. THEREOF. MQTKSE WtU. SE DELIVERED IM City of Huntington Pa ACCORDANCE WTH THEFOUCY PRO^SSDNS, rk 6550Miles Avenue
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“The City of HunUn^on Park, its officers, officials, employees, andvolunteers are to be coveredas additional insureds ”
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CSITiRCATE MAY BE ISSUED: C-S JAA¥ PERTAIN ’"HE IM3UKAJSCE Ar^CStDED BY THE FOUdSS OECCRIBEC HEREIN WS SUBJECT TO ALL THE TERMS EKSLUSiONS ANDCONiat’TSAISOF SUCHFOUCSC JV72 SHOWN MAY HAVESEESI REDUCE© BY PA© CLAIMS. maji
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POLICY NUMBER. COMMERCIAL GENERAL LIABILITY
CG20 12M13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY.

ADDITIONAL INSURED-STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION-PERMITS OR AUTHORIZATIONS
StateOrGowminentaS AgencyOrSubdrvfaksnOrPoliticalSubdivision:
"The City of Huntington Park, its officers, officials, employees, and volunteers are to be covered as additional insureds.’
Informationrequiredto complete thisSchedule,ifnetshownabove, will be shown intheDeclarations.

Tills endorsement modifies tnsuranoe provided jn^rtoe folbw^g:

COMMERCIAL GENERALUABItnY COVERAGE PART

SCHEDULE
A. Sectton II
- Who Is An Insured is intended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision stown in the Schedule subject to the
faitowingprovisions;

1. This insurance appSes only with respect to
operations-performed by you or on your betetf
for which the state or governmental agency or
^ibdadsion qr.political subdivision hasis^da
permitcr autoafeston.

However.
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law:-and
b. If coverage provided to the. addteiaf
assured s requred by a. contract .of
agreement ths insurencu afforded to cash
additionalInsured will not be broader than
that which you are required by the attract
or agreement to provide for such additional
Insured.

2. This insurancedues noL applyto.
a. ’Bodily l^ury^^ ‘wepgiy damage* or
•personal and advertising mjury* arising out
of operations performed for the federal
government. state or munfap^lfy:or
b. ’Bodily mjury" or •property damage*
included within the "producte-compteted
operations hazanr.

B. .Mfilh respect to tie Insurance afforded’ to.tn.ese addlibnaf tmureds, the fofowing is added to SectionBi-UmftsOf insurance:
if coverage provided to the additional insured Is
requied by a contract or agreement; the most we
wilipay on behalf of the additional insured is toe
amountofinsurance.

1. Required bythe contract or agreement or
Z Available under the applicable Limits of
Insurance showninthsDeclarations:
whicheverisfess.

Ths endorsement shaS not increase toe
appicabte Limits of Insurance shown in the
Deds^tions.

CG201204 13 InsuranceServicesDfftee, ina* SQ1?? Page1of t ITEM 9

CITY OF HUNTINGTON PARK
Police Department
City Council Agenda Report
March 19, 2024
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:

APPROVE THE PURCHASE OF TWO POLICE DEPARTMENT ADMINISTRATION

DIVISION VEHICLES AND SUPPLEMENTARY EQUIPMENT
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Authorize the expenditure of funds to purchase two Police Administration Division vehicles from FCA US, LLC (DODGE), specifically Carville Chrysler Dodge Jeep Ram in Greeneville, TN; and,

2. Approve Finance Department to draw the funds for this purchase from account number 111-7010-421-73-11 (Improvements - New Support Vehicles); and

3. Authorize the Chief of Police to purchase the vehicles and associated technology and emergency response equipment.

BACKGROUND/JUSTIFICATION
The Police Administration Division is currently re-organizing its fleet in order to repurpose two older, high milage vehicles to less critical use areas of the Department.

The new vehicles will be assigned to Administration, one to the Chief of Police, the other to administration command staff. The Chief of Police and members of the commanded staff must have reliable vehicles in order to ensure effective day-to-day and after-hours response to work demands, critical incidents and other emergencies.

RECOMMENDATION
Staff recommends the purchase of a 2023 Ford Explorer ST SUV and 2023 Dodge Durango Pursuit SUV from Carville Chrysler Dodge Jeep Ram, which are available for immediate delivery.

PROCUREMENT PROCESS

APPROVE THE PURCHASE OF TWO POLICE DEPARTMENT ADMINISTRATION

DIVISION VEHICLES AND SUPPLEMENTARY EQUIPMENT
March 19, 2024

Staff recognizes the City’s usual procurement process requires three bids for a purchase of this nature. Vendors have communicated a vehicle inventory shortage of police-rated vehicles throughout the country, with recent labor actions causing delays in receiving vehicles. To underscore this issue, staff conducted a thorough nationwide search for readily available inventory for immediate delivery and Carville Chrysler Dodge Jeep Ram in Tennessee has a limited supply of in-stock inventory.

Huntington Park Municipal Code 2-5.14 / Sole Source Vendors provides the following purchasing guidance; “Formal bidding requirements shall be waived in areas where only a single vendor can reasonably provide the service, product or project being purchased.

The Purchasing Agent will establish requirements and procedures for sole source purchases.”
Additional costs outlined below are associated with the installation of associated technology and emergency response equipment for the police units.

FISCAL IMPACT/FINANCING
The total expenditure for this item is not to exceed $149,025 to be drawn from account number 111-7010-421.74-11. These funds are approved in the current FY 23-24 General Fund budget.

Fully itemized quotes are included for review.

Item Base cost per vehicle
Vehicle 1 -2023 Ford Explorer ST $63,625
Vehicle 2 -2023 Dodge Durango Pursuit $44,400
Emergency Equipment $41,000 ($20,500 per vehicle - not to exceed) Total: $149,025

CONCLUSION
Upon Council approval, staff will proceed with recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

APPROVE THE PURCHASE OF TWO POLICE DEPARTMENT ADMINISTRATION

DIVISION VEHICLES AND SUPPLEMENTARY EQUIPMENT
March 19, 2024

Chief of Police

ATTACHMENT(S)
A. Carville Chrysler Dodge Jeep Ram Quote -2023 Ford Explorer ST B. Carville Chrysler Dodge Jeep Ram Quote -2023 Dodge Durango Pursuit QUOTE
Date: 02/24/24

QUOTE FOR HUNTINGTON PARK POLICE
2023 FORD EXPLORER ST - $63,625 PER UNIT DELIVERED
ABOVE PRICING INCLUDES A 60 DAY TEMP TAG
Payment may be made out to and overnighted to the below or paid upon pickup:

Carville Chrysler Dodge Jeep Ram
300 Bachman Drive
Greeneville TN 37745
Any Questions or concerns please contact:

Carl Reinhart
Owner
Carville Chrysler Dodge Jeep RAM
(o) 423-639-4111
(d) 717-471-8108
www.CarvilleGDJR.com 300 Bachman Drive - Greeneville - TN- 37745 FAX - 423-639-2627 Phone - 423-639-4111 ATTACHMENT "B"
CASVHX6
—=»asS&ss®-- §fegg ^ram | GREENEVILLE, TN
THE PREMIER GOVERNMENT </

FLEET DEALER

CHARGER AND DURANGO PURSUITS IN STOCK
QUOTE
Date: 02/22/24

QUOTE FOR HUNTINGTON PARK POLICE
2023 DODGE DURANGO PURSUIT V8 AWD $44,400 PER UNIT DELIVERED ABOVE PRICING INCLUDES A 60 DAY TEMP TAG
Payment may be made out to and overnighted to the below or paid upon pickup:

Carville Chrysler Dodge Jeep Ram
300 Bachman Drive
Greeneville TN 37745
Any Questions or concerns please contact:
2^^
Carl Reinhart
Owner
Carville Chrysler Dodge Jeep RAM
(o) 423-639-4111
(d) 717-471-8108
www.CarvilleCDJR.com 300 Bachman Drive - Greeneville - TN-37745 FAX -423-639-2627 Phone -423-639-4111 ITEM 10

CITY OF HUNTINGTON PARK
Police Department
City Council Agenda Report
March 19, 2024
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:

AUTHORIZATION TO RENEW AGREEMENT WITH THE LOS ANGELES COUNTY

DEPARTMENT OF ANIMAL CARE AND CONTROL
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve and renew the City-County Municipal Services Agreement with Los Angeles County Department of Animal Care and Control; and

2. Authorize the City Manager to execute the agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
Huntington Park Animal Enforcement Officers (ACO’s) provide consistent animal care and control services, as well as pro-active animal enforcement patrols to the community. On an annual average, ACO’s log over 1,100 calls for service resulting in the need for animal care and shelter services. The Los Angeles County Department of Animal Care and Control (County DACC) is the largest provider of animal care and shelter service in the Southeast region of Los Angeles.

FISCAL IMPACT / FINANCING
There is no budgetary impact associated with the approval of this specific item. Council is only approving the City-County Municipal Services Agreement at this time. The service level and billing rates will be presented to Council for consideration at a future time. County DACC has indicated the service level and billing rates proposal will be provided prior to the end of FY 23-24.

LEGAL / AGREEMENT CONSIDSERATIONS

AUTHORIZATION TO RENEW CONTRACT AGREEMENT WITH THE LOS

ANGELES COUNTY DEPARTMENT OF ANIMAL CARE AND CONTROL
March 19, 2024

The included Agreement proposal is for a term of 5-years, beginning July 1, 2024 and ending June 30,2029. The Agreement includes a termination clause which the City can exercise at any time with 60-day notice to County DACC. The expanded Agreement is included for complete review.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

RICARDO REYES
Acting City Manager

COSME LOZANO
Chief of Police

ATTACHMENT(S)
A. City-County Municipal Services Agreement (Draft)
B. Description of Services

ATTACHMENT A

COUNTY OF LOS ANGELES

DEPARTMENT OF ANIMAL CARE AND CONTROL

DESCRIPTION OF SERVICES
i. Animal care services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Ownerrelinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.

The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.

As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.

A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.

Full Animal Care Center services include:
•
Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un-adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.

B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is

ill or injured to the extent that transportation would cause further injury or suffering.

The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.

The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.

II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.

A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.

In order to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.

The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.

Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;

• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals:
•
Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.

A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.

I. Limited Service Plan
The Limited Service Plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.

III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats, and have the effect of keeping pets out of care centers and in homes and healthy environments. This includes staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline, and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).

As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, CityCounty Municipal Services Billing Rates.

Managed Intake
Managed Intake (Ml) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet-related issues. Ml has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.

Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
•
The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to

allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.

IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee-per-license basis. Pet owners may opt into a one- or three-year license option for their pets. A current license will be required before an animal will be released to a resident of the City.

Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.

The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

V. Additional Outreach and Enforcement Services Options The City may request that the Department provide additional services as outlined below.

A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license

enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.

B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.

The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.

This program includes:
• Annual inspection of any premise used by an animal-related business or non¬ profit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section

10.28.270 of the County Code;
•
Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.

C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:

• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
•
Assisting jurisdictions in promoting these community-based clinics.

D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.

VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available from the Department on a monthly basis:

1. Dogs and/or Cats Impounded

2. Animals Returned to Owners

3. Dogs and/or Cats Abandoned

4. Special Admission Dog & Cat

5. Other Animals Impounded

6. Quarantined Dogs and/or Cats

7. Special Admission Other Animals

8. Private Veterinarian (Outside Medical Expense)

9. Dead Animal Pick Up Requests

10.Types of Calls for Service

11. Location of Admission

12. Public Hours performed at a specific Animal Care Center

In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.

Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.

ATTACHMENT "B"

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

TABLE OF CONTENTS

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF HUNTINGTON PARK

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 AGREEMENT TO PROVIDE SERVICES UNDER

STATE AND LOCAL STATUTES
2 2.0 ADMINISTRATION OF PERSONNEL 3

3.0 DEPLOYMENT OF PERSONNEL 4

4.0 PERFORMANCE OF CONTRACT 4

5.0 INDEMNIFICATION 5

6.0 TERM OF CONTRACT 6

7.0 RIGHT OF TERMINATION 6

8.0 CONTRACT SUM 6

9.0 PAYMENT PROCEDURES 7

10.0 NOTICES 7

11.0 AMENDMENTS 8

12.0 AUTHORIZATION WARRANTY 8

13.0 ENTIRE AGREEMENT 8

14.0 CONSTRUCTION OF AGREEMENT 9

15.0 IMPLEMENTATION OF AGREEMENT 9

16.0 COUNTERPARTS 9

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF HUNTINGTON PARK
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF HUNTINGTON PARK (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.

RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:

1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL

STATUTES

1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.

1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.

2.0 ADMINISTRATION OF PERSONNEL

2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.

2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.

2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.

2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.

2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.

3.0 DEPLOYMENT OF PERSONNEL

3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.

3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.

3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.

3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.

Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.

3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.

This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.

3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.

4.0 PERFORMANCE OF CONTRACT

4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.

4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.

4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staffs time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.

4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.

4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.

4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current

billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.

5.0 INDEMNIFICATION

5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.

5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.

6.0 TERM OF CONTRACT

6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.

6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.

7.0 RIGHT OF TERMINATION

7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.

7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.

In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.

7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the

other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.

7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.

8.0 CONTRACT SUM

8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.

8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.

8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.

8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.

9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.

The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.

10.0 NOTICES

10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.

The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.

10.2 Notices to the County of Los Angeles must be addressed as follows:

For physical notices:

County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:

[email protected]

10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.

11.0 AMENDMENTS

11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT

13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.

14.0 CONSTRUCTION OF AGREEMENT

14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.

15.0 IMPLEMENTATION OF AGREEMENT

15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.

16.0 COUNTERPARTS

16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF HUNTINGTON PARK
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.

COUNTY OF LOS ANGELES
By

MARCIA MAYEDA
Director
Department of Animal Care and Control
Date

CITY OF HUNTINGTON PARK
By
City of Huntington Park, City Manager
Date
ATTEST:

By
City Clerk Date
By
City Attorney Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
David Beaudet
Senior Deputy, County Counsel
Date

ITEM 11

CITY OF HUNTINGTON PARK
City Clerk’s Office
City Council Agenda Report
March 19, 2024
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:

COMMISSIONS VACANCY UPDATE
IT IS RECOMMENDED THAT THE CITY COUNCIL:

1. Receive and file report regarding current and upcoming Commission vacancies.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
In accordance with the County of Los Angeles the City of Huntington Park held elections on March 5, 2024 for three (3) full term and one (1) unexpired term on the City Council.

The results of the March 5th primary election will result in vacancies on certain city commissions. The City Clerk has also received notification from some current commissioners that they will be stepping down from their commission appointment.

Attachment “A” identifies commissions that will be affected by the election results and recent resignations.

City Council members should consider all factors prescribed in guidelines of conduct on resolution 2015-19 when appointing or re-appointing a city commissioner including:
•
Regular in person attendance.
•
Terms of office.
•
Purpose and Organization.

FISCAL IMPACT
No fiscal impact resulting from this report.

CONCLUSION
Terms will run concurrent with the Council Member who appoints. After appointment City Clerk will notify applicants of the nominations.

COMMISSION VACANCIES
March 19, 2024

Respectfully submitted,

RICARDO REYES
City Manager

EDUARDO SARMIENTO
City Clerk

ATTACHMENT(S)
A. City Commission Vacancy Update Sheet
B. Resolution 2015-19
ATTACHMENT “A”
Huntington Park held elections on March 5, 2024 for three (3) full term and one (1) unexpired term on the City Council. The results of the March 5th primary election will result in vacancies on certain city commissions. The City Clerk has also received notification from some current commissioners that they will be stepping down from their commission appointment. Below is a list of commissions that will be affected by the election results and recent resignations and will require action by City Council members.

Planning Commission
Name: Appointed By: Action Required:

Angelica Montes Marilyn Sanabria New appointment required Erica Nuno Eddie Martinez New appointment required
Jonathan Sanabria Graciela Ortiz New appointment required Ricardo Barba-Ochoa Arturo Flores Requires reappointment Eduardo Carvajal Karina Macias No action needed
Civil Service Commission
Name: Appointed By: Action Required:

VACANT Marilyn Sanabria New appointment required
once new councilmember is
seated
Manuel Morado Eddie Martinez New or Re-appointment
required
Lorena Valenzuela Graciela Ortiz New or Re-appointment
required once new
councilmember is seated
VACANT Arturo Flores Appointment required
Guillermo Flores Karina Macias No action needed
Health and Education Commission
Name: Appointed By: Action Required:

Ebony Batiste Marilyn Sanabria New or re-appointment once new councilmember is seated
Iliana Baltazar Eddie Martinez New or re-appointment
required
Ana Garsia Graciela Ortiz New or re-appointment once
new councilmember is seated
Liselda Fabian Arturo Flores New or re-appointment
required
Efrin Martinez Karina Macias New appointment needed
Historic Preservation Commission
Name: Appointed By: Action Required:

Kathy Gaytan Marilyn Sanabria New or re-appointment once new councilmember is seated
VACANT Eddie Martinez New or re-appointment
required
Wally Shidler Graciela Ortiz New or re-appointment once new councilmember is seated
Judith Rosales Arturo Flores New appointment required
Efrin Martinez Karina Macias New appointment needed
Parks and Recreation Commission
Name: Appointed By: Action Required:

Betty Davis-Gonzalez Marilyn Sanabria New or re-appointment once new councilmember is seated
Emily Cortez Eddie Martinez New or re-appointment
required
VACANT Graciela Ortiz New or re-appointment once
new councilmember is seated
Michelle Ybarra Arturo Flores New or re-appointment
required
Edgar Gordillo Karina Macias New appointment needed
Youth Commission
Name: Appointed By; Action Required:

Alanis Rodriguez & Joel
Palma
Marilyn Sanabria New appointment once new
councilmember is seated
VACANT & VACANT Eddie Martinez New appointment required Kelly Martinez & VACANT Graciela Ortiz New appointment once new councilmember is seated
Kiarra Sandoval & Francisco
Mares
Arturo Flores New or re-appointment
required
Joanna Ramos & Brandon
Valdez
Karina Macias No action needed
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ATTACHMENT "B"
RESOLUTION NO. 2015-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HUNTINGTON PARK ADOPTING REVISED RULES, METHOD

OF APPOINTMENT, GUIDELINES FOR THE CONDUCT OF

MEETINGS AND STRUCTURE FOR ALL COMMISSIONS OF

THE CITY AND REPEALING ALL PRIOR RESOLUTIONS OR

PROVISIONS IN CONFLICT WITH THE PROVISIONS

CONTAINED HEREIN
WHEREAS, the City Council has decided to amend all commission resolutions to provide for congruent and consistent regulation and structure across all City Commissions.

THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES
RESOLVE AS FOLLOWS:
1:Establishment of city Commissions.

The City has currently established the following commissions to serve in the capacity as advisory bodies to the City Council:

Planning Commission
Civil Service Commission
Parks and Recreation Commission
Health and Education Commission
Historic Preservation Commission
Youth Commission (pending approval).

This Resolution is intended to govern and supersede all prior resolutions establishing and amending member qualifications, organizational rules, guidelines and structure for City Commissions and hereby repeals all provisions in conflict with the provisions contained herein by the adoption of the revised provisions below. This Resolution will also govern over provisions of City ordinances currently in existence, but which will be repealed or amended for consistency with this Resolution, this Resolution shall also govern and control any additional Commission created by the City Council in addition to those enumerated above.
.SECTION,.2. Membership.

All City Commissions shall consist of five (5) members, with the exception of the Youth Commission which shall consist of ten (10) youth from the City as defined below. All members of each Commission shall be a resident of the City of Huntington Park, however, at the City Council’s discretion, no more than two (2) Commissioners for any Commission may be non-Huntington Park residents. Each person seeking appointment to a Commission shall complete an application provided by the City and submit to a Live Scan background check before being appointed to a Commission and before being sworn in to office.
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SECTION 3: Appointment, Reappointment and Removal.

Each member of the City Council shall have authority to appoint one (1) member to each Commission, with the exception of the Youth Commission, which shall consist of two (2) members appointed by each City Councilmember. Each Councilmember shall appoint their Commissioners within sixty (60) days of assuming office, or from the adoption of this Resolution, or from a vacancy occurring for said Commission position for that respective Councilmember appointment. If no appointment is made within sixty (60) days of assuming office, or from the adoption of this Resolution, or from a vacancy occurring for said Commission position, the Mayor shall appoint a member to the vacant seat.

Commission members may be removed from their appointment due to disqualification as provided for in this Resolution or upon the sole decision by the Councilmember who appointed that Commissioner. All appointments or removal of Commissioners shall occur at an open meeting of the City Council. If removal of a Commissioner occurs, the City Clerk shall send notice to that Commissioner at the last address on file with the City.

SECTION 4: Term of Office.

Each Commissioner's term shall be for a period of four years, unless removed by the appointing Councilmember or as a result of disqualification as set forth herein.

Notwithstanding the foregoing, no Commissioner shall serve for a period which exceeds the time in office for the Councilmember appointing that Commissioner. In the event that the appointing Councilmember completes his or her term, vacates their office or otherwise is no longer holding office, the term of the Commissioner appointed by said Councilmember shall end. However, nothing contained in this section shall prevent another Councilmember or the new Councilmember from appointing the individual back to the same Commission or to a different Commission.

SECTION 5: Vacancy Due to Disqualification.

When a member no longer meets the qualifications for the Commission, the member is therefore disqualified, and the office shall thereupon become vacant SECTION 6: Vacancy.

If for any reason a vacancy occurs, it shall be filled by appointment by the member of the City Council who appointed said Commissioner for the unexpired portion of such term.

SECTION 7: Quorum.

A majority of the total number of members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time for want of quorum and until a quorum can be obtained.

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SECTION 8: Purpose.

The purpose, duties and responsibilities of each Commission shall be established by the City Council by ordinance and codified in the Huntington Park Municipal Code.

SECTION 9: Organization.

Annually in the month of March, the Commission shall elect one of its members as Chair and Vice-Chair. City staff shall act as the Commission Secretary. Staff liaisons shall act as the conduit for all communications to the City Council.

SECTION 10: Meetings.

Regular meetings of the Commission shall be as set by each Commission. The place of such meetings shall be at City Hall unless otherwise designated by the City Council or approved by a majority of the total membership of the Commission. When the day for such regular meetings falls on a legal holiday, the meeting shall not be held on such holiday, but shall be held at the same hour on the next succeeding day thereafter which is not a holiday. All meetings of the Commission shall be open and public, and subject to all laws of the state of California e.g. the Brown Act, governing open public meetings. The Commission shall adopt its own rules for the transaction of its business and keep a record of resolutions, findings and recommendations and actions voted upon. A report of each meeting of the Commission shall be given to the City Council.

SECTION 11: Termination of Commission.

Termination of the Commission shall be done at the will and vote of the City Council.

SECTION 12: Compensation.

Commission member compensation shall be set by resolution of the City Council.

SECTION 13: Commission Handbook.

All Commission Members must adhere to the provisions contained and referenced in the City of Huntington Park Commission Handbook as approved by the City Council.

SECTION 14:

The City Clerk shall certify to the adoption of this Resolution. -3-
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PASSED, APPROVED AND ADOPTED THIS 18th day of May, 2015.

ATTEST:

Mayor
Donna G. Schwartz, CMC
City Clerk
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27 CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF HUNTINGTON PARK )
I, Donna G. Schwartz, City Clerk of the City of Huntington Park, California, do hereby certify that the foregoing Resolution No. 2015-19 was duly passed and adopted by the City Council of the City of Huntington Park at a regular meeting of the City Council held on the 18th day of May, 2015, by the following vote, to wit:

AYES: Council Member(s): Pineda, Sanabria, Vice Mayor Ortiz, Mayor Macias NOES: Council Member(s): None
ABSENT: Council Member(s): Amezquita
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the Seal of the City of
Huntington Park, this 20th day of May 2015.
28 Z.V lABll

CITY OF HUNTINGTON PARK
Parks and Recreation Department
City Council Agenda Report
March 19, 2024
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:

CONSIDERATION AND APPROVAL FOR RENEWAL OF LICENSE AGREEMENT

WITH HARBOR AREA FARMERS MARKETS TO TAKE PLACE AT SALT LAKE PARK FROM 2024 - 2026
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Approve renewal of license agreement with Harbor Area Farmers Markets for usage of Salt Lake Park from 2024 -2026; and

2. Authorize City Manager to execute Agreement.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
A license agreement has been prepared to renew and approve the Harbor Area Farmers Market for usage of the Salt Lake Park parking lot for an additional 2 years.

The parking lot is located immediately east of the Recreation Center in Salt Lake Park - 3401 E. Florence Avenue. Harbor Area Farmers Market will use the lot to conduct their certified Farmer’s market every Wednesday from 8:30am - 1:30pm from May 17, 2024 through May 17, 2026.

The Harbor Area Farmers Market, an agency of the South Coast Interfaith Council, has communities with access to organic produce since 2003. Their services have aligned with and supported Huntington Park’s commitment to creating opportunities for the community to access healthier food options within the City.

FISCAL IMPACT/FINANCING
There will be no impact to the general fund because of this action. If approved, the agreement will require the Harbor Area Farmers Market to pay to the city an amount equal to 1% of total income or $75 per operating day, whichever total amount is greater.

On average, the farmers’ market will pay the City $3,900 per year.

CONSIDERATION AND APPROVAL FOR RENEWAL OF LICENSE AGREEMENT

WITH HARBOR AREA FARMERS MARKETS TO TAKE PLACE AT SALT LAKE PARK FROM 2024 - 2026
March 19,2024

All revenue will be entered into the Rent & Concessions account #111-0000-362.10-00.

CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.

Respectfully submitted,

RICARDO REYES
City Manager

CYNTHIA NORZAGARAY
Director of Parks and Recreation

ATTACHMENT(S)
A. License Agreement to use Salt Lake Park
B. Harbor Area Farmer’s Market Insurance
C. Huntington Park Business License
DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE ATTACHMENT "A"

LICENSE AGREEMENT TO USE SALT LAKE PARK
This Agreement is made and entered into this 19th day of March, 2024,ibetween the City of Huntington Park ("City") and the Harbor Area Farmers Markets, an agency of the South Coast Interfaith Council, a California non-profit corporation ("Licensee"). City hereby grants Licensee a non-exclusive revocable license ("the License") to use, on a weekly basis, the parking lot along the third base line of the ball diamond immediately east of the Recreation Center in Salt LakePark, on the terms and conditions stated below, pursuant to existing actions of the City Council of the City of Huntington Park. 1) TYPE OF USE - Licensee shall use the parking lot for the sole purpose of conducting a Certified Farmers Market, and for no other purpose. All sales stalls and market area shall be located in the above-described parking lot.

Each seller at the market shallbe regulated by and conform to all applicable regulations in Title 3, Article 6.5 of the California Code of Regulations and subsequent amendments thereto, and other applicable regulations and laws of the State of California, the County of Los Angeles, and the City of Huntington Park.

In its use of Salt Lake Park, Licensee and sellers shall not in any manner interfere with or impede persons holding local area vending permits. In addition, Licensee and sellers shall not interfere with or impede accessfor emergency vehicles.
2) TIME OF USE -Licensee shall be permitted to use the designated parking lot on Wednesdays between the hours of 8:30 am and 1:30 pm for sales.

Setup for the market shall take place between 6:30 and 8:30 am, and breakdown shall take place between 1:30 and 2:30 pm. Licensee has an option to modify hours during the 2022 summer due to the Covid19 pandemic between 7:00 am and 12:00 pm for sales. Setup for modified hours shall take place between 5:00 am 7:00 am, and breakdown shall take place between 12:00 pm and 1:00 pm. At the end of the day, the market area shall be free from all equipment, debris, trash or any other items associated with the event. Failure to abide by said hours of operation or any of the above-mentioned conditions shall be considered a violation of this Agreement and grounds for its revocation. 3) MARKET COMPOSITION - The Licensee shaii be required, at a minimum, to provide on a weekly basis at least 12 vendors on each market day. The target composition of the market shall be as follows: 70% shall be dedicated to the sale of produpe, and 30% shall be
DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3ODE dedicated to the sale of other specialty (“Non-Ag”) items such as seafood, popcorn, hot food, baked goods and other pre-packaged foods. Crafts and industrial items are not included.
4) EXTENSION TERM - The extension term of this License agreement is for two years commencing on May 17, 2024, and terminating May 17, 2026.

At the City’s sole and absolute discretion, the term may be extended for up to two years at a time. Prior to any such extension, an annual review shall be conducted by the Huntington Park Parks & Recreation Department.
5) REVOCATION, SUSPENSION FOR CAUSE - This License Agreement may be immediately revoked or suspended by the City of Huntington Park at any time that it is determined that the Licensee or any seller has violated any condition or requirement of this Agreement or any applicable code, law, rule or regulation, or that the City has evidence of unfair or bad faith dealing with the public by Licensee or any seller or of any other action adversely affecting the health, welfare or safety of the public. 6) COMPLIANCE - Licensee shall comply with all City, State and Federal laws, regulations, rules, codes and instructions from the City relating to the use of the parking lot. Notwithstanding anything to the contrary herein, failure to do so may result in immediate revocation or suspension of this Agreement. Licensee shall meet all requirements of the California Health and Safety Code Sections 114345 through and including 114351. 7) PERMITS, LICENSES AND TAXES - Licensee and sellers shall obtain, pay for and carry or display, as required, all permits or licenses required by law, regulation or code for the operation of a Certified Farmers Market, including but not limited to any permits required by the City, the Fire Marshall, or the Los Angeles County Health Department, including business licenses and health permits. Licensee and sellers shall produce said permits or licenses for inspection upon request of any police officer or other authorized representative of the City. In addition, Licensee shall pay all taxes which may be levied including possessory interest taxes. 8) NUISANCES - Licensee and sellers shall not use the parking lot or sell any item in any manner that will create a nuisance or unreasonable annoyance to the public. Licensee shall maintain the market area in a safe, clean, wholesome, and sanitary condition free from trash, garbage, rubbish or litter. No substance constituting a fire hazard or material detrimental to the public health shall be permitted or allowed to remain in the market area. 9) INSPECTIONS - The City shall have the right to inspect the market area at any time for the purpose of determining whether the market is being conducted in compliance with the requirements of this Agreement, and the 2 DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE applicable laws, regulations, codes or instructions. Licensee shall not hinder, impede, interfere with or obstruct any such inspection. 10) TERMINATION - Notwithstanding anything herein to the contrary, either party may terminate thisAgreement without causeupon giving the other party written notice thirty (30) days prior to termination. 11) IMPROVEMENTS - Licensee and sellers shall not install, erect or maintain any permanent structure or improvements without the prior written consent of the City, which consent may be withheld at the City’s sole discretion. Any such structures or improvements erected by the Licensee and any seller shall become the property of the City upon the revocation or termination of this Agreement. During the term of this Agreement, Licensee and sellers shall be responsible for maintenance of such improvements. 12) DISCRIMINATION POLICY - Licensee and sellers shall not discriminate against any seller, employee, applicant for employment, invitee or business visitor, or in the sale of items, on the basis of age, sex, sexual orientation, medical condition including AIDS or AIDS-related conditions, marital status, race, color, religion, national origin, disability, handicap or any other reason related to a person’s basic human identify.
13) INSURANCE - Licensee shall obtain and maintain at Licensee’s expense for the duration of this Agreement, from an insurance company that is admitted to write insurance in California and that has a rating of at least A:VIII in Best’s Insurance Guide:

A) Comprehensive general liability insurance, including products, with a combined single limit of One Million Dollars ($1,000,000) for each occurrence or Two Million Dollars ($2,000,000) general aggregate. The entity constituting the City, its officials, employees and agents, shall be named as additional insureds on such policy with respect to liability arising from the use of the parking lot area or the sale of produce and other market products by Licensee, its volunteers, permittees, representatives, agents, employees and officers. Said insurance shall be primary and not contributing, shall contain a cross-liability endorsement, and an endorsement requiring a sixty (60) day written notice to the City prior to cancellation. Such insurance shall be written on an occurrence basis.

B) Workers Compensation insurance as required by the CA Labor Code.

C) Automobile liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering owned, non-owned and hired vehicles.

DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE Licensee shall deliver to the City certificates of insurance and original endorsements for approval as to sufficiency and form. Insurance required herein shall not be deemed to limit Licensee’s liability under this Agreement. The City reserves the right to require complete certified copies of all policies at any time. Any modification or waiver of the insurance requirements herein shall only be made with the written approval of the party affected by such waiver.
14) INDEMNIFICATION - Licensee shall defend, indemnify and hold harmless the City, its officials, employees and agents, from and against any and all claims, demands, damages, losses, liability, causes of action, costs and expenses (including reasonable attorneys’ fees incurred by the indemnified party with respect to counsel of its choice) of any kind or nature whatsoever arising or resulting from the alleged acts or omissions of Licensee, its officers, employees, permittees, agents, volunteers, invitees or business visitors connected with the use of the parking lot areas and the sale of items thereon or otherwise arising from the existence or operation of the farmers’ market of this Agreement.
15) CUSTOMER PARKING - Licensee is hereby granted the use of the other nearby parking lots in Salt Lake Park (other than the one the market is on) for the purpose of providing parking space for market customers.

Customers shall also be allowed to park in all legal spaces along the curbs of streets in the Park area. Licensee understands that all parking lots, especially including the parking lot just to the west of the Recreation Center, may occasionally be reserved for special events at the complete discretion of the Parks and Recreation Department.
16) NON-RESPONSIBILITY - The City shall not be responsible for and Licensee hereby waives all claims against the City for loss or damage by theft, fire, flood, burglary, vandalism, or any other cause of any of Licensee’s or sellers’ produce, supplies, equipment and other property or any personal injury suffered in, on, or about the market area, except to the extent caused by the City’s gross negligence or willful misconduct. 17) NO TITLE - Licensee acknowledges that, by this Agreement, Licensee and sellers do not acquire any right, title, or interest of any kind in the market parking lot area. The City shall have and retain absolute and full control of the entire Salt Lake Park area utilized by the market and its customers. 18) MAINTENANCE - Licensee shall at their own cost and expense provide all supplies, materials and equipment necessary for the market, and shall maintain the area in a clean and safe condition at all times. Licensee shall clean the entire are of market use, including the market parking lot, the 4 DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE customer parking lots, and the surrounding park area, by 2:30 pm after each market day. Licensee shall be liable for any and all loss, injury or damage to City property resulting from the use of Park area by the Licensee, sellers and their employees, agents, invitees, business visitors and customers.
19) ASSIGNMENT - Licensee shall not assign this Agreement without the written consent of the City, nor shall Licensee in any manner transfer or convey or grant any of the rights or privileges granted herein without said written consent, which may be granted or withheld at the City’s sole discretion. Licensee shall not underlet or sublet any portion of Salt Lake Park or allow the same to be used or occupied by any other person or entity for any other use than specified above. Notwithstanding any other provision of this Agreement, this Agreement shall terminate automatically without prior notice upon any assignment, transfer, conveyance or grant in violation of this section.
20) NOTICE - Any notice required or desired hereunder shall be in writing and personally served or deposited in the US Postal Service, certified, return receipt, postage prepaid, to the Parks & Recreation Department of the City of Huntington Park at 3401 East Florence Ave., Huntington Park, CA 90255; and to the Harbor Area Farmer’s Market, and South Coast Interfaith Council, 759 Linden Avenue, Long Beach, CA 90813.

Change of address shall be given in the manner provided for notices.

Notice shall be deemed received on the date shown on the certified receipt, or on the date personal service is obtained, whichever occurs first. 21) UTILITIES - The City shall be responsible for providing water and electricity necessary for the operation of the market. It is understood that the market’s needs are minimal and, unless otherwise agreed by the parties in writing, include only a faucet for tap water and the electricity needed to provide light in City-owned toilet facilities, which will be open and available to both customers and sellers during the time of market setup, operation and breakdown (from 7:30 am to 2:30 pm).
22) POLLUTION DISCHARGE - Licensee shall be responsible for ensuring that the market is operated and maintained in compliance with the provisions of the National Pollution Discharge Elimination System (NPDES).
23) FEES - Licensee agrees to pay to the City at the close of each calendar month in which market business occurs an amount equal to 1% of the total market income for each market day of that month, or the sum of $75 (Seventy-Five Dollars) for each market day, whichever is more. This fee shall be judged in arrears on the last day of the following month. 5 DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE 24) SIGNAGE - Licensee may set out signage sufficient to advertise the existence of the market; provided that (i) Licensee shall provide to the Director of Parks & Recreation (the “Director”) or her designee a written description and/or depiction of the intended signage and its proposed location and length of use prior to setting out, (ii) Licensor shall have the right to approve/disapprove any signage proposed by Licensee, (iii) all costs and expenses associated with designing, permitting, constructing, setting out and maintaining the signage shall be borne exclusively by Licensee, and (iv) Licensee shall maintain all approved signage in good condition and repair. Utilization of the Parks & Recreation Department’s monument sign in front of the Recreation Center may also be allowed at the City’s sole discretion. All signage set out, displayed or utilized must conform to the City’s Sign Ordinance and be approved in writing by the Director or her designee. The Director or her designee maintains the right to request the removal any signage upon five (5) days notice, regardless of whether the signage had been approved. If the signage is not removed within five (5) days, the Director or her designee may remove said signage, 25) RESTORATION OF CITY PROPERTY — Licensee shall leave the City Property in the same condition it was in prior to the Farmer’s Market. City reserves the right to inspect the City Property at any time. Licensee shall be liable for the cost of any repairs the City Manager determines are necessary to restore the City Property to the condition it was in prior to the Farmer’s Market.
26) ENTIRE AGREEMENT OF THE PARTIES - This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Licensee’s and City’s duties, responsibilities, and obligations hereunder and contains all of the covenants and agreements between the parties with respect to the Farmer’s Market. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing executed by the partieshereto. 27) WAIVER OF BREACH - No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this Agreement by either party to this Agreement shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. No delay or omission of either party to this Agreement in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence 6 DocuSign Envelope ID: E08CB8E9-211A-41E1-BF30-4721AFFE3CDE therein, or be construed as a waiver of a variation ofanyofthetermsof this Agreement.

INWITNESSTHEREOF,thepartiesbelow haveexecutedthisLicenseAgreement on the date and year first hereinabove written.

SOUTH COAST INTERFAITH
COUNCIL, a California non-profit
Corporgtjgn^a Harbor Area Farmers
V 996BAE062C5D478... 2/26/2024
' '
By:

Kelli Johnson
Market Manager

CITY OFHUNTINGTON PARK
a Municipal Corporation
By:

Ricardo Reyes
City Manager
ATTEST:

By:

Eduardo Sarmiento, City Clerk
7 ATTACHMENT "B

CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

INSURED
South Coast Interfaith Council
759 Linden Avenue
Long Beach. CA 90813-4501

PRODUCER
Arthur J. Gallagher & Co.

Insurance Brokers of CA., Inc.
500 N. Brand Blvd, Suite 100
Glendale CA 91203
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

ACORD8 DATE (MM/DD/YYYY)
1/25/2023
License#: 0726293
SOUTCOA-14

CONTACT -
. .
name: Danielle Donohue
Ext:: 818.539.8605 FWC No>: 818.539.8705
E-MAIL .
address: Danielle Donohue a aiq.com

INSURER(S) AFFORDING COVERAGE
insurer A: NOVA Casualty Company
NAIC#
42552
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 1487309872 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Huntington Park, its officers, officials, employees, and volunteers are named additional insured with respect to the operations of the named insured.

INSR

LTR TYPE OF INSURANCE ADDL
INSD
SUBR

WYD POLICY NUMBER

POLICY EFF
iMM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS

A X COMMERCIALGENERAL LIABILITY

CLAIMS-MADE
*
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

Y I I I PRO- X POLICY I
jecT LOC
OTHER:

Y CF1ML1000043506 2/1/2023 2/1/2024 EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence:

MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
$1,000,000
$ 100,000
$ 5,000
$1,000,000
$2,000,000
$2,000,000
$

A AUTOMOBILELIABILITY

ANY AUTO

OWNED SCHEDULED
AUTOS ONLY | AUTOS
y HIRED v NON-OWNED

AUTOS ONLY AUTOS ONLY
CF1ML1000043506 2/1/2023 2/1/2024 COMBINED SINGLE LIMIT (Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident ।
$1,000,000
$
$
$
$

A X UMBRELLA LIAB X OCCUR

EXCESSLIAB CLAIMS-MADE
DED RETENTION $
CF1-UM-10000809-01 2/1/2023 2/1/2024 EACH OCCURRENCE

AGGREGATE
$1,000,000
$ 1,000,000
$

WORKERS COMPENSATION
AND EMPLOYERS’ LIABILITY y,N

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE
E.L DISEASE - POLICY LIMIT
$
$

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

City of Huntington Park
6550 MILESAVENUE
HUNTINGTON PARK CA 90255
I

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:CF1-ML-10000435-06 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED- DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

THE CITY OF HUNTINGTON PARK, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND

VOLUNTEERS ARE NAMED ADDITIONAL INSURED WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED.
6550 MILES AVE
HUNTINGTON PARK, CA 90255-4338
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing
operations; or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III- Units Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

INSURED
ATTACHMENT "C"
Citv of Huntington Park
City Hall
6550 Miles Ave.

Huntington Park CA 90255-1519
(323) 584-6232
I
Business License /Penult NO 24-00017100

DISPLAY LN A PROMLNENT PLACE
This License issued Subject to the conditions
* Listed on the Reverse side hereof
Amount Paid
102.00
State License Number
4077556534
। LICENSE NOT TRANSFERABLE
1 BOFE NO Business License Number
A1-00017200
! Type of Business CERTIFIED FARMERS MARKET Account Number 0012735
1 Business
|Location 759 LINDEN AVE License Stamp / Tag
» Business Name HARBOR AREA FARMERS MARKET License Valid From |Owner Name

SOUTH COAST INTERFAITH COUNCIL
License Expires
September 30, 2024
Mailing Address 525 E7TH STREET A 208
LONG BEACH CA 90S13
Date Issued
September' ?8, 2023

CITY OF HUNTINGTON PARK

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ITEM 13

CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
March 19, 2024
Honorable Mayor and Members of the City Council
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
Honorable Mayor and Members of the City Council:

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE

APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PLAN
IT IS RECOMMENDED THAT CITY COUNCIL:

1. Conduct a Public Hearing and receive public testimony; and

2. Approve a Resolution authorizing the PLHA Plan; and

3. Authorize the City Manager to execute all required documents for transmittal to the State of California Department of Housing and Community Development (HCD); and

4. Authorize City staff to electronically submit the PLHA Application to the California Department of Housing and Community Development, California Service-Now Portal (CSP).

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTIONS
The Community Development Department continues to pursue funding opportunities that will support the City’s goals related to developing affordable housing. To that end, the City is eligible to apply for the PLHA grant.

The purpose of the PLHA is to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase the affordable housing stock, specifically:

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE

APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PLAN
March 19, 2024

Increase the supply of housing for households at or below 60% of the area median income.

Increase assistance to affordable owner-occupied workforce housing.

Assist persons experiencing or at risk of homelessness.

Facilitate housing affordability, particularly for lower- and moderate-income households.

Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation; and
Ensure geographic equity in the distribution of the funds.

The amount the City of Huntington Park is applying for is $ 2,686,264.00 of which 5% is allocated for administrative costs.

Eligible activities the City has applied for include:

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of area median income (AMI), or 150-percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a. This activity may include sub-awards to administrative entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or California Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b. Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR (California Code Regulations), Section 8409, subdivision (b)(1)-(6) and in compliance with the Welfare and Institutions Code (WIC) Section 8225(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE

APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PLAN
March 19, 2024

FISCAL IMPACT/FINANCING
The City applied for PLHA funding in the amount of $2,686,264 and is requesting the approval of the Resolution for the PLHA Plan and application.

CONCLUSION
Staff recommends the City Council approve the Permanent Local Housing Allocation (PLHA) Resolution for the Application and Plan. The Plan proposes to provide funding to create affordable housing for low- and moderate-income residents of the City of Huntington Park. A public notice was posted for a ten (10) day period to allow for public comment.

Respectfully submitted,

RICARDO REYES
City Manager

STEVE FORSTER
Community Development Director
ATTACHMENT(S):

A. PLHA Resolution
ATTACHMENT “A”
Resolution No. 2024-XX

AUTHORIZING RESOLUTION OF THE CITY OF HUNTINGTON PARK

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
All of the council members of the City of Huntington Park hereby adopt the following resolution:

A. WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS the City of Huntington Park is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amountnot to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA ($3,910,068) in accordance with all the applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

6. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

9. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

10. The Community Development Director is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the City of Huntington Park this 5th day of March 2024, by the following vote:

AYES: XX ABSTENTIONS: XX NOES: XX ABSENT: XX
Signature of Approving Officer:

Marilyn Sanabria, Mayor
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Eduardo Sarmiento, does hereby attest and certify that the attached Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Huntington Park City Council which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTESTEduardo Sarmiento, City Clerk