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, this Agreement 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.
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’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of 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 fail 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 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. 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.
(a) In the event that water treatment violations occur following the effective date of this Agreement, subject to Sub-Section (b) 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. (b) 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.
2.9 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.
2.10. 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, CONSULTANTs, subCONSULTANTs and subconsultants. 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 kind on
behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
2.11 CITY RESPONSIBILITIES: During the term of this Agreement, the CITY shall:
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;
c) comply with Applicable Law relating to the management, ownership, operation, maintenance, repair and 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.
INSURANCE
3.1 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 requirements and specifications set forth under this Article. CONSULTANT shall procure 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.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 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).
3.4 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.5 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.
3.6 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subCONSULTANTs or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.
3.7 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 insurance policy shall be signed by a 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.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to this Agreement subject to Paragraph
4.2 and 4.3. 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. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.
4.2 Work of CONSULTANT’s Design Professionals Services: 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 fees and 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.
4.3 Work of All Other Persons/Non-Design Professionals: Except for direct claims by the Parties against each other and as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other reasonable costs and fees of litigation) of every nature to the extent 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, CONSULTANTs, subCONSULTANTs or 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 harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection
4.2, above.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
4.8 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.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: Except for the first two years of this Agreement, either Party may, by written notice to the other, immediately terminate this Agreement at any time for convenience and without cause by giving written notice to Consultant of such termination, which notice 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 for those 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 6.1 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 days of CITY’s written request.
No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails
to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. 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 additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or ii. Within 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
5.2B.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 fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless
the Event of Default cannot reasonably be cured within the 45-day cure period.
Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section
1.4, 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 waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon 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.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all 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.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and 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.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
[NAME AND ADDRESS] City of Huntington Park
Public Works Department
6550 Mile Avenue
Huntington Park, CA 90255
Attn: Gerardo “Gerry” Lopez,
Public Works Director
Phone: (XXX) XXXXX
Fax: (XXX) 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, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: 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 requirements and indemnification.
6.7 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.
6.8 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 warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and 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.
6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one 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 day-to-day reference by the department responsible for administering the Agreement on the City’s behalf.
6.21 Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable for punitive damages.
6.22 FORCE MAJEURE: A party’s performance 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.
6.23 BUSINESS LICENSE AND W9: A City of Huntington Park Business license must be obtained before commencing work and a W9 provided when submitting first payment.
[SIGNATURE PAGE TO FOLLOW]
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:
By:__________________________
Ricardo Reyes, City Manager
[NAME OF CONSULTANT]
By:_________________________________
Name:_______________________________
Title:________________________________
APPROVED AS TO FORM:
By:_________________________
City Attorney
EXHIBIT “A”
SCOPE OF WORK
(SEE ATTACHED)
ITEM 4
August 18, 2025
CITY OF HUNTINGTON PARK
Office of the City Clerk
City Council Agenda Report
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:
COUNCIL APPOINTMENTS TO VARIOUS COMMISSIONS
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Make appointments to Commissions consistent with provisions set forth in Resolution No. 2025-01.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On May 18, 2015, the City Council adopted Resolution No. 2015-19 which established a new process for making appointments to various City Commissions. On January 6, 2025 the City Council adopted resolution 2025-01 amending resolution No. 2015-19 to include the newly formed Arts and Theatre Commission.
Individuals appointed to Commissions will be required to submit to a LiveScan and subsequently take an Oath of Office.
FISCAL IMPACT
There is no fiscal impact. Compensation for added Commissioners has been budgeted for FY 2024/25 to account 111-0123-413.19-05.
CONCLUSION
Terms will run concurrent with the Council Member who appoints. After the appointment the City Clerk will notify applicants of their appointments.
COUNCIL APPOINTMENT TO CIVIL SERVICE COMMISSION
August 18, 2025
Respectfully submitted,
RICARDO REYES
City Manager
EDUARDO SARMIENTO,
City Clerk
ATTACHMENT(S)
A. Resolution No. 2025-01, Amending list of established commission and 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.
B. Commission Handbook – How Appointments Are Made Page(s) 3 and 4 in handbook.
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J
RESOLUTION NO. 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON PARK AMENDING THE LIST OF ESTABLISHED CITY
COMMISSIONS TO INCLUDE THE ADDITION OF THE ARTS AND
THEATRE COMMISSION
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:
SECTION 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
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.
- 1 -
Arts and Theatre Commission
ATTACHMENT "A"
CITY OF
HUNTINGTON PARK
Commission
Handbook
Prepared by the City Clerk
Revised January 2023,
2 Welcome
Welcome and thank you for your willingness to serve as a member of the City of Huntington Park Commission. The general role of an Advisory body (Commission) is to provide an opportunity for Huntington Park residents/non-residents to participate in the City’s decision-making process on various issues. Each Advisory body provides recommendations to the City Council in their respective areas and assists the City Council in addressing specific issues.
As a new commissioner, you should familiarize yourself with the documents governing your commission including City ordinances, City Council resolutions, and other related documents, all available from your staff liaison. Reviewing these documents will help you get a sense of your responsibilities.
This handbook serves as a reference for the basic protocols that apply to all City commissions. As a new member you may want to meet with the staff liaison responsible for your commission or the Chair for your commission to get a better sense of your role and the business of the advisory body. Along with familiarizing yourself with your commission’s foundational documents, you may want to review agendas and minutes from recent meetings to see what current issues have been under consideration.
All commission agendas and minutes are available on the City’s website at www.hpca.gov We hope this handbook will assist you towards a satisfying and productive experience as a commissioner for the City of Huntington Park. Your participation and commitment are deeply appreciated by the City Council, by City staff, and by your community. 3 General City Information
The City of Huntington Park was incorporated September 1, 1906 as a general law city. This means the municipal government operates and is governed in accordance with State laws rather than a local charter.
This specific form of government is a Council/Manager. It provides elected members of the City Council in Huntington Park to hire a City Manager to manage the administrative functions of government. The City Manager is responsible for effective and economical municipal operations and ensures that City Council policies are implemented.
The City Council is responsible for setting policies and providing overall direction for the City operation. As elected representatives, Council members provide a direct link with residents and to gain a greater awareness of the view of the residents, the Council also appoints advisory groups composed of local residents familiar with the community and its needs. These groups further expand the opportunity for resident participation in City government.
Application Process
Any citizen interested in serving on a commission is invited to complete an application form and submit it to the City Clerk’s office. Applications remain on file for one year. A listing of all current appointments will be posted at City Hall, City’s website and the City of Huntington Park Library whenever a vacancy occurs. Applications may be downloaded from the City’s website, picked up at City Hall in the Office of the City Clerk, or you may request that an application be mailed to you by contacting the Office of the City Clerk at (323) 584-6297.
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 into office. (Resolution No. 2015-19) How Appointments Are Made
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. 4 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. (Resolution No. 2015-19) Oath of Office
Upon appointment to a City of Huntington Park commission, members or advisory bodies shall take an Oath of Office administered by the City Clerk prior to assuming office and participating in commission meetings. By taking this oath, you swear or affirm to support, defend, and bear allegiance to the Constitution of the United States and the Constitution of the State of California.
Officers
A Chair and a Vice Chair are selected by the members of the individual advisory bodies in March each year for a one-year term. In the case of advisory bodies that meet on an “as-needed” basis, the Chair and Vice Chair shall be elected at the first meeting scheduled in March each year. A Chair may not serve more than two consecutive terms.
Responsibilities
The primary role of an advisory body is to provide judicious advice to the City Council, the elected policy-making body of the City. The advisory body’s role can include hearing public testimony on the Council’s behalf, building community consensus for proposals, facilitating study of issues, assessing the alternatives regarding issues of community concern, and ultimately forwarding recommendations to the Council for its consideration. There may be times when the advisory body’s recommendations will not be sustained or will be modified by the City Council. It is important for the advisory body members to recognize that this is not a rejection of the integrity of the recommendation, but an inevitable part of the process of community decision-making.
Attendance
For advisory bodies to function effectively and accomplish their goals, all members must be active participants. This means all members must be present at all meetings. Commissioners should inform the staff liaison prior to the meeting if they will be unable to attend.
If any member of a commission or committee is absent from three (3) regular meetings in any one calendar year, the staff liaison shall immediately inform the City Council. Upon notification to the City Council, the office will be deemed vacant, and the term of such member terminated. Excused absences may be granted by the chair. An excused absence will not count towards the allowable three (3) absences in any one calendar year.
5 Resignations
Members wishing to resign from their commission position prior to the expiration of their term should submit to the City a brief letter stating their intention and the effective date of the resignation. The letter should be addressed to the Mayor and Council Members in care of the City Clerk.
Disqualification
When a member no longer meets the qualifications for the Commission, the member is therefore disqualified, and the office shall thereupon become vacant. (Resolution No. 2015-19) Vacancies
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. (Resolution No. 2015-19)
The staff liaison shall inform the City Clerk and have a vacancy notice posted in accordance with the requirements of the Government Code. Applications from people interested in serving on a particular body are accepted. Following the interview of eligible applicants. The City Council shall make an appointment during a regular City Council meeting to fill the unexpired term.
Term Limits
Each Commissioner’s term shall be for a period of four years, unless removed by the appointing Councilmember or because 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. If 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. (Resolution No. 2015-19) Termination of Commission
Termination of the Commission shall be done at the will and vote of the City Council. (Resolution No. 2015-19)
Compensation
Commission member compensation shall be set by resolution of the City Council. 6 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.
Scope of Authority
All communication or questions should be addressed to each advisory body’s respective staff liaison. If a question arises and the members require clarification as to duties, authority, or legal issues, all such items must be presented to the staff liaison. The staff liaison will seek clarification from the appropriate parties (i.e. department head, City Attorney or City Council) and report back to the advisory body.
Advisory bodies are not involved in the administration or operation of City departments. Advisory body members may not direct City staff to initiate programs and may not conduct major studies or establish policy without the approval of the City Council. All communication or questions must go through the staff liaison.
Advisory body members may not use their official title or City equipment or resources for non-City business. Examples of such prohibited conduct include, but are not limited to, use of City vehicles, facilities and City stationery.
Advisory bodies shall not receive, disburse, or in any way possess money or any other valuable commodity as an agent of the City without the prior authorization of the City Council Advisory bodies shall not knowingly work to the advantage of any citizen or group or show preference to any other citizen or group.
All advisory bodies who anticipate the need during the upcoming fiscal year for financial expenditures shall submit through their staff liaison an annual proposed budget to the corresponding Department Head and City Manager. The budget request will be incorporated into the City’s annual budget for Council review and approval. All requests for budgeted expenditures shall be processed according to City purchasing procedures.
Advisory bodies shall be subject to the same travel and business expense policy established by the City Council. (Policy available through staff liaison.)
All action and business of the advisory body shall be conducted by the advisory body as a whole, and no member shall transact business on an individual basis unless authorized by the majority vote of the quorum.
It is the responsibility of the advisory body to be represented at the meetings of the City Council or at meetings of other committees or commissions when matters of joint concern are to be discussed.
It will be the responsibility of advisory bodies to inform other bodies of the city via the staff liaison when it will consider matters of concern to such other advisory bodies. 7 Conflicts of Interest
All members of City advisory bodies should avoid the appearance of bias in pending City matters at all times. The Government Code states that “members of the legislature, state, county, district, judicial district, and city officers or employees, which includes city advisory board members, shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.
The Political Reform Act of 1974 defines various conflicts of interest and is quite lengthy; but basically, a conflict of interest exists when a person influences a decision that will materially affect the value of a personal financial interest, or a financial interest of his/her immediate family, as distinguished from the action’s effect on the public in general.
If a Commission or Committee member has a conflict of interest, he/she must not make or participate in making, or in any way attempt to use his/her official position to influence a governmental decision relating to the matter in which he/she or a member of his/her immediate family, possess a financial interest. The safest way to address a conflict of interest is for the Commission or Committee members to state that there is a conflict immediately after the Chair announces the item for consideration. The member must then refrain from participating in the deliberations and abstain from voting.
Penalties for violating the conflict-of-interest laws are serious and may include fines and/or a prohibition against serving in public office. Questions regarding a potential conflict of interest may be directed to your staff liaison or the City Clerk, who will consult with the City Attorney if necessary.
You may also view more information about conflicts of interest by visiting the State of California Fair Political Practices Commission website at www.fppc.ca.gov Additionally, all members of a City advisory body are required to complete a Statement of Economic Interest (Form 700) upon assuming office and an annual statement for filing with the City Clerk. All forms are distributed by the City Clerk who is the City’s FPPC filing officer. Upon completion all Form 700s are filed with the City Clerk and kept available for public inspection.
The City of Huntington Park has adopted a Conflict-of-Interest Code which identifies the officers, employees and consultants who are required to file a Form 700 based upon their involvement or participation in the making of decisions which may foreseeably have a material effect or a financial interest.
Quorum
At any meeting of an advisory body, 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. (Resolution No. 2015-19). Unless otherwise posted, a majority vote of those present and voting shall be sufficient to adopt motions.
Agendas
State law requires that an agenda for each advisory meeting be posted at least 72 hours prior to the meeting. The agenda shall state the time and place of the meeting and a brief description of matters to be heard. The agenda shall also provide an opportunity for members of the public to be heard at the 8 meeting regarding matters within the jurisdiction of the advisory body. The staff liaison assigned to each advisory body is responsible for preparation and posting of the meeting agenda. A copy of the agenda is mailed and/or e-mailed (upon request) to each member of the advisory body as well as to the members of the Huntington Park City Council, City Manager and the City Clerk. The staff liaison is also responsible for notifying the advisory members, City Council, City Manager and the City Clerk of meeting cancellations, adjournments, and/or change of locations.
Public Comment
The public shall be allowed to speak at all meetings on any item of interest so long as the item is within the subject matter jurisdiction of the legislative body. The law also provides that the public must be allowed to speak before the consideration of any specific item on the agenda.
Meetings
Regular meetings of the Commission shall be as set by each Commission. The place of such meetings shall be at Salt Lake Park, 3401 E. Florence Avenue, Hunting Park, California (with the exception of the Planning and Civil Service Commissions) 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. (Resolution No. 2015-19)
Meeting Types
City advisory bodies may hold two types of meetings: regular and special meetings.
Regular Meetings are held at the time and place specified in the resolution establishing procedures for each corresponding advisory body. Regular meetings may be “adjourned to” another date and time and are considered “regular adjourned meetings.” A copy of the order or notice of adjournment shall be posted on the door where the regular meeting was held within 24 hours of the adjournment.
Special Meetings may be held at a different time or place to discuss specific issues as noted on the meeting agenda, as long as the meeting has been properly noticed at least 24 hours prior to the meeting. No other business may be discussed at the special meeting.
E-Mail Communications between Advisory Body Members
Since e-mail communication can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of advisory body members, e-mail communications between advisory body member’s relative to advisory body business, should be avoided. While two members of a five-member body, for example, may appropriately communicate 9 with one another by way of e-mail, the “forwarding” of such an e-mail message on to a third or subsequent member would result in a Brown Act violation.
Role and Responsibilities of the Chair
The Chair shall preserve order and decorum at all meetings of the advisory body, announce the advisory body’s decisions, and decide questions of order. The Chair is responsible for ensuring the effectiveness of the group process by moving the discussion forward, involving all members of the advisory body, and allowing adequate public participation. In the absence of the Chair the Vice Chair shall act as the presiding officer.
Making Motions
Advisory body meetings are usually conducted according to parliamentary procedure. Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert’s Rules of Order.
When a member wishes to propose an action on a particular item on the posted agenda for the advisory body to consider, the member makes a motion. Below is an example of the steps involved with a motion.
1. The member asks to be recognized by the Chair.
2. After being recognized, the member makes the motion: “I move that …”
3. Another member seconds the motion: “I second the motion.”
4. The Chair restates the motion and asks for discussion on the motion.
5. When the Chair determines that there has been enough discussion, the debate may be closed with, “Is there any further discussion?”
6. If no one asks for permission to speak, the Chair then puts the question to a vote: “All those in favor say aye.” “All those opposed say nay.” Any member may request a roll call vote on a motion.
7. After the vote, the Chair announces the decision.
Decorum and Order
Properly phrasing a motion can be difficult and corrections may be necessary before it is acted upon.
The member making the motion may rephrase it or withdraw it.
Every commissioner desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate.
Every commissioner desiring to question the administrative staff shall address the question to the department head who shall be entitled either to answer the inquiry directly or to designate some member of staff for that purpose.
A commissioner, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, unless a Point of Order is raised by another commissioner or unless the speaker chooses to yield to questions from another commissioner. 10 If a commissioner is called to order while speaking, he or she shall cease speaking immediately until the question or order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the commission.
Advisory body members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the advisory body and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.
Any commissioner may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the advisory body shall require him or her to so act.
Members of the advisory body shall not leave their seats during a meeting without the consent of the presiding officer.
City employees shall observe the same rules of procedure and decorum applicable to members of the advisory body. Any staff member, including the department head, desiring to address the commission, or members of the public shall first be recognized by the chair. All remarks shall be addressed to the chair and not to any one individual commissioner or public member.
Meeting Minutes
The staff liaison assigned to the advisory body is responsible for preparation of the minutes of each meeting. Meeting minutes shall be in Action form with the exception of Public Comment to be in summary form. Actions taken by the advisory body. Minutes of the meeting shall be submitted to the advisory body for approval at its next meeting and shall be signed by the Chair.
All advisory body agendas and minutes will be kept by the staff liaison, a copy forwarded to the City Council, City Manager, and City Clerk.
11 CIVIL SERVICE COMMISSION
PURPOSE: To serve in an advisory capacity to the City Council and the City Manager on personnel matters in the City Service.
TERM OF OFFICE: four-year term to run concurrent with appointing Council Member MEETINGS: TBD
STAFF: Marisol Nieto, Human Resources Supervisor
PHONE NO.: (323) 584-6237
HEALTH AND EDUCATION COMMISSION
PURPOSE: To create awareness of health and education matters in the City; determine health and education needs in the Community; and attempt to implement plans for improved health and education in the City.
TERM OF OFFICE: four-year term to run concurrent with appointing Council Member MEETINGS: Every last Tuesday of the month
STAFF: Steve Forster, Community Development Director
PHONE NO.: (323) 584-6318
HISTORIC PRESERVATION COMMISSION
PURPOSE: To protect, enhance, perpetuate, and designate historic resources of the City. The Historic Preservation Commission shall review and make recommendations for revisions to the Municipal Code for the preservation of historic resources within the City.
TERM OF OFFICE: four-year term to run concurrent with appointing Council Member MEETINGS: TBD
STAFF: Steve Forster, Community Development Director
PHONE NO.: (323) 584-6318
12 PARKS AND RECREATION COMMISSION (aka PARC)
PURPOSE: To advise the City Council and the Administrative Staff in all matters of policy pertaining to the acquisition, use, maintenance, and operation of parks, playgrounds and other public recreational facilities, and to the maintenance of a planned program of public recreation for the citizens of Huntington Park.
TERM OF OFFICE:
MEETINGS:
STAFF:
PHONE NO.:
four-year term to run concurrent with appointing Council Member Meets the 4
th Wednesday at 6:00 p.m. in:
January, March, May, July, September & November
(Maximum of Six (6) Regular Meetings per year)
Cynthia Norzagaray, Parks and Recreation Director
(323) 584-6218
PLANNING COMMISSION
PURPOSE: To recommend adoption, implement and periodically review and recommend revisions to the General Plan for the desired physical development of the City. The Planning Commission is the lead advisory body in the determination of what uses may be of property in the City and what form and shape the community will take in the future. The Commission’s responsibilities and authority are governed by Title 9, Section 9-1.104 of the Huntington Park Municipal Code.
TERM OF OFFICE: four-year term to run concurrent with appointing Council Member MEETINGS: The third Wednesday of each month at 6:30 p.m.
STAFF: Steve Forster , Community Development Director
PHONE NO.: (323) 584-6318
YOUTH COMMISSION
PURPOSE: To create awareness in the City of youth, implement youth level economics; determine needs not being met by the Community; serve as an advisory body to the City Council; and develop leadership in the community.
TERM OF OFFICE: four-year term to run concurrent with appointing Council Member MEETINGS: TBD
STAFF: Cynthia Norzagaray, Parks and Recreation Director PHONE NO.: (323) 584-6218