CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 1 of 6
CALL AND NOTICE OF
SPECIAL MEETING _______________________________________________________________
CITY OF HUNTINGTON PARK
NOTICE IS HEREBY GIVEN That a Special Meeting of the City Council of the City of Huntington Park will be held on Wednesday, November 12, 2025, at 6:00 p.m. at 6550 Miles Ave. Huntington park California 90255.
Wednesday, November 12, 2025
All agenda items and reports are available for review in the City Clerk’s Office and www.hpca.gov. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Office of the City Clerk located at 6550 Miles Avenue, Huntington Park, California 90255 during regular business hours, 7:00 a.m. to 5:30 p.m., Monday – Thursday, and at the City Hall Council Chambers during the meeting.
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the City Clerk’s Office either in person at 6550 Miles Avenue, Huntington Park, California or by telephone at (323) 584-6161. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
PLEASE SILENCE ALL CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE THE COUNCIL IS IN SESSION. Thank you.
Arturo Flores
Mayor
Eduardo “Eddie” Martinez Jonathan A. Sanabria Vice Mayor Council Member Karina Macias Nancy Martiz Council Member Council Member
CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 2 of 6
PLEASE NOTE--The numerical order of items on this agenda is for convenience of reference.
Items may be taken out of order upon request of the Mayor or Members of the City Council.
Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the "Brown Act" and by the Huntington Park City Council Meeting Rules of Procedure.
• The City Council meeting is for conducting the City's business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City.
• No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers.
• All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Chairperson if Mayor is absent).
We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers.
PUBLIC COMMENT
For both open and closed session, each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items.
All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
ADDITIONS/DELETIONS TO AGENDA
Items of business may be added to the agenda upon a motion adopted by a minimum twothirds vote finding that there is a need to take immediate action and that the need for action came to the attention of the City or Agency subsequent to the agenda being posted. Items may be deleted from the agenda upon the request of staff or Council.
IMPORTANT NOTICE
The City of Huntington Park shows replays of City Council Meetings on Local Access Channel 3 and over the Internet at www.hpca.gov. NOTE: Your attendance at thispublic
CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 3 of 6
meeting may result in the recording and broadcast of your image and/or voice.
CALL TO ORDER
ROLL CALL
Mayor Arturo Flores
Vice Mayor Eduardo “Eddie” Martinez
Council Member Jonathan A. Sanabria
Council Member Karina Macias
Council Member Nancy Martiz
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
None
PUBLIC COMMENT
Pursuant to Government Code Section 54954.3(a) Members of the public will have an opportunity to address the City Council on items listed on this agenda. For items on this agenda each speaker will be limited to three minutes per Huntington Park Municipal Code Section 2-1.207. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another.
STAFF RESPONSE
CONSENT CALENDAR
CITY CLERK
1. CITY COUNCIL MEETING MINUTES
IT IS RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1. Regular City Council Meeting held October 28, 2025
FINANCE
2. WARRANT REGISTERS
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated November 5, 2025
CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 4 of 6
3. CONSIDERATION AND APPROVAL OF A PAYMENT OF $315,093.31 TO
METROPOLITAN TRANSPORTATION AUTHORITY
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Receive and file the Resolution of FA#FA.P00F3609: Pacific Boulevard Pedestrian Improvement Project Final Audit Report; and
2. Authorize payment of $315,093.31 to Metropolitan Transportation Authority.
END OF CONSENT CALENDAR
PUBLIC HEARING(S)
CITY MANAGER
1. TRANSITION TO BY-DISTRICT ELECTIONS SYSTEM
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Conducted the required public hearings as outlined in Elections Code 10010, soliciting input from the residents of the City of Huntington Park.
COMMUNITY DEVELOPMENT DEPARTMENT
IT IS RECOMMENDED THAT CITY COUNCIL:
2. FIRST READING OF ORDINANCE NO. 2025-14 AMENDING CHAPTER 21 OF TITLE 8 OF THE CITY OF HUNTINGTON PARK MUNICIPAL CODE
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Conduct a public hearing regarding Ordinance No. 2025-14 and take public testimony; and
2. Approve the amendments to Chapter 21 of Title 8 of the City of Huntington Park Municipal Code.
CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 5 of 6
ORDINANCES AND RESOLUTIONS
COMMUNITY DEVELOPMENT
1. ADOPTION OF A RESOLUTION APPROVING FINAL TRACT MAP NO. 84285 FOR PROPERTY LOCATED AT 7040 NEWELL STREET
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Adopt a resolution approving Final Tract Map No. 84285 for the creation of one (1) lot for condominium purposes on property located at 7040 Newell Street.
COMMUNICATIONS AND COMMUNITY RELATIONS
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK
APPROVING THE WAIVER OF CITY STAFF COSTS ASSOCIATED WITH
SPECIAL EVENT PERMIT FEES FOR THE ALLIANCE COLLINS FAMILY HIGH
SCHOOL BIKE MEMORIAL EVENT
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve a Resolution waiving fees associated with staff costs from the Police Department and Public Works Department for temporary street closures around Alliance Collins Family High School to accommodate the Bike Memorial Event scheduled for Thursday, November 20, 2025.
REPORTS AND INFORMATIONAL ITEMS
PUBLIC WORKS
1. CONSIDERATION AND APPROVAL OF THE FIRST AMENDMENT TO
ENTRUST PROFESSIONAL SERVICES AGREEMENT FOR
BROADBAND PROJECT MANAGEMENT
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Amend the Professional Services Agreement (PSA) to Entrust to include design engineering for the City’s Broadband Infrastructure Project for a not-to-exceed amount of $879,742.00; and
2. Authorize the City Manager to finalize terms and execute the professional services agreement.
END OF SPECIAL AGENDA
CITY COUNCIL MEETING AGENDA
November 12, 2025 Page 6 of 6
RECESS TO CLOSED SESSION
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Two potential cases
2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Government Code Section 54956.9(d)(1)
Valentine Amezquita v. Eduardo Sarmiento, Et Al.
Case No. 25STCP01557
3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
Government Code Section 54956.9(d)(1)
Esmeralda Castillo v. City of Huntington Park
Case No. 25STCV05179
CLOSED SESSION ANNOUNCEMENT
DEPARTMENTAL REPORTS
WRITTEN COMMUNICATIONS
COUNCIL COMMUNICATIONS
Council Member Nancy Martiz
Council Member Karina Macias
Council Member Jonathan A. Sanabria
Vice Mayor Eduardo “Eddie” Martinez
Mayor Arturo Flores
ADJOURNMENT
The City of Huntington Park City Council will adjourn the meeting to a Regular Meeting on Tuesday, November 25, 2025 at 6:00 P.M.
I, Eduardo Sarmiento, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted at City of Huntington Park City Hall and made available at www.hpca.gov not less than 24 hours prior to the meeting. Dated this 10th day of November 2025.
Eduardo Sarmiento, City Clerk
CONSENT CALENDAR
ITEM 1
CITY COUNCIL MEETING MINUTES
Tuesday Meeting of the
City of Huntington Park City Council
Tuesday, October 28, 2025
The regular meeting of the City Council of the City of Huntington Park, California was called to order at 6:07 p.m. on Tuesday, October 28, 2025, in the Council Chambers at City Hall, 6550 Miles Avenue, Huntington Park, California; Mayor Arturo Flores presiding.
PRESENT: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
ABSENT: None
CITY OFFICIALS/STAFF: City Manager Ricardo Reyes; Eduardo Sarmiento City Clerk; Louis Morales Interim Community Development Director; Cosme Lozano Chief of Police; Jeff Jones Finance Director, Gerardo “Gerry” Lopez Public Works Director, Cynthia Norzagaray Parks and Recreation Director; Andrew Sarega City Attorney.
INVOCATION
Invocation led by Councilmember Sanabria
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Flores.
PRESENTATION(S)
1. RECOGNITION OF FRIENDS OF THE LIBRARY FOR ONGOING COMMUNITY CONTRIBUTION.
PUBLIC COMMENTS
The following people/ person provided public content:
1. Rodolfo Cruz- Concerns regarding the City.
2. Linda Carballo- Opposes the Parade/
3. Evan/ Aspe
4. Amber Alvarez/ Axle
5. Emily S. / Vanessa
6. Diego Ramon/ Jasmin Sun
7. Rebecca Flores, Mary Jane, Melody
8. Ethan Voyers
9. Alize Berhabe
10.Maria E Gomez
11.Elizabeth Garcia
12.Alan and Bryanth
13.Dugon Madrigal – Aspire pacific Academy. Report on Water and Soil Acidity.
STAFF RESPONSE
CONSENT CALENDAR
CITY CLERK
1. CITY COUNCIL MEETING MINUTES
IT IS RECOMMENDED THAT CITY COUNCIL:
Approve Minute(s) of the following City Council Meeting(s):
1. Regular City Council Meeting held September 9, 2025
2. Regular City Council Meeting held September 23, 2025
3. Special Council Meeting held September 28, 2025
FINANCE
2. WARRANT REGISTERS
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve Accounts Payable and Payroll Warrant(s) dated October 8, 2025 MOTION: Councilmember Sanabria motioned to approve the consent calendar.
The motion was seconded by Vice Mayor Martinez. Councilmember Macias abstained from voting. The voting was carried by majority consent.
AYES: Council Member(s): Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores.
NOES: Council Member(s): None
ABSTAIN: Council Member(s): Macias
END OF CONSENT CALENDAR
PUBLIC HEARING(S)
1. TRANSITION TO BY-DISTRICT ELECTIONS SYSTEM
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Receive and file a presentation by National Demographics Corporation on Federal Voter Rights Act and California Voter Rights Act requirement for transitioning to by-district elections, along with demographics data for the City of Huntington Park
Public Hearing Opened: 7:38pm
• Rodolfo Cruz- Opposes redistricting
• Linda Carballo- Thinks this is good and bad in different ways • Yvonne Correa- Doesn’t think this process is necessary • Victor Medina- Concerns about much this process will cost • Capis- Thinks community need more information and time to better understand the process.
END OF PUBLIC HEARING(S)
ORDINANCES AND RESOLUTIONS
CITY MANAGER
1. CONSIDERATION AND APPROVAL OF RESOLUTION AMENDING THE
SALARY RANGES FOR THE ASSISTANT DIRECTOR OF COMMUNITY
DEVELOPMENT AND ASSISTANT CHIEF OF POLICE (SALARY GRID 228,
NON-REPRESENTED COMPENSATION PLAN)
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Adopt a Resolution amending the salary ranges for the classifications of Assistant Director of Community Development and Assistant Chief of Police, aligning both to Salary Grid 228 under the Non-Represented Compensation Plan (2023–2033); and
2. Authorize the City Manager to take any necessary steps to effectuate the intent of the City Council’s action, including updating the City’s Classification and Salary Plan and implementing administrative measures essential to carry out this amendment.
MOTION: Vice Mayor Martinez motioned to Adopt a Resolution amending the salary ranges for the classifications of Assistant Director of Community Development and Assistant Chief of Police, aligning both to Salary Grid 228 under the NonRepresented Compensation Plan (2023–2033); and Authorize the City Manager to take any necessary steps to effectuate the intent of the City Council’s action, including updating the City’s Classification and Salary Plan and implementing administrative measures essential to carry out this amendment.
AYES: Council Member(s): Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): Macias
COMMUNITY DEVELOPMENT
2. APPROVAL OF CITY MEMBERSHIP IN THE GATEWAY CITIES AFFORDABLE
HOUSING TRUST JOINT POWERS AUTHORITY
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Adopt a Resolution approving the City’s execution of the Joint Exercise of Powers Agreement to join the Gateway Cities Affordable Housing Trust; and
2. Authorize the City Manager to execute the Gateway Cities Affordable Housing Trust Joint Exercise of Powers Agreement in the form acceptable to the City Attorney; and
3. Authorized payment of the City’s membership fees in the amount of $15,000 for FY 2024-25 and $15,465 for FY 2025-26, for a total of $30,465.
MOTION: Vice Mayor Martinez motioned to Adopt a Resolution approving the City’s execution of the Joint Exercise of Powers Agreement to join the Gateway Cities Affordable Housing Trust; and Authorize the City Manager to execute the Gateway Cities Affordable Housing Trust Joint Exercise of Powers Agreement in the form acceptable to the City Attorney; and Authorized payment of the City’s membership fees in the amount of $15,000 for FY 2024-25 and $15,465 for FY 2025-26, for a total of $30,465. The motion was seconded by Councilmember Martiz. The motion was carried by unanimous vote.
AYES: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): None
END OF ORDINANCES AND RESOLUTIONS
STUDY SESSION
1. ALPR Technology Presentation
END OF STUDY SESSION
REPORTS AND INFORMATIONAL ITEMS
CITY MANAGER
1. AUTHORIZE AND APPROVE EMPLOYMENT AGREEMENT FOR COMMUNITY
DEVELOPMENT DIRECTOR
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve the City Manager’s recommendation of Louis Morales to serve as the City’s Community Development Director; and
2. Approve and authorize the City Manager to execute a five-year employment agreement with Mr. Morales, consistent with the City’s compensation and benefit practices for executive management employees.
MOTION: Vice Mayor Martinez motioned to Approve the City Manager’s recommendation of Louis Morales to serve as the City’s Community Development Director; and Approve and authorize the City Manager to execute a five-year employment agreement with Mr. Morales, consistent with the City’s compensation and benefit practices for executive management employees. The motion was seconded by Councilmember Sanabria. Councilmember Macias voted against the motion. The motion was carried by majority vote.
AYES: Council Member(s): Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): Macias
COMMUNICATIONS
2. CONSIDERATION AND APPROVAL TO AWARD A PROFESSIONAL SERVICES
AGREEMENT WITH FUERZA FOUNDATION FOR THE ORGANIZATION AND PRODUCTION OF THE 2025 HOLIDAY PARADE
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Authorize the City Manager to negotiate and enter into an agreement with Fuerza Foundation for the organization and production of the 2025 holiday parade.
MOTION: Vice Mayor Martinez motioned to Authorize the City Manager to negotiate and enter into an agreement with Fuerza Foundation for the organization and production of the 2025 holiday parade. The motion was seconded by Councilmember Sanabria. Councilmember Macias voted against the motion. The motion was carried by majority vote.
AYES: Council Member(s): Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): Macias
POLICE DEPARTMENT
3. CONSIDERATION AND APPROVAL TO ACCEPT REIMBURSABLE GRANT FUNDING IN THE AMOUNT OF $55,000 FROM THE STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT YEAR 2024, AND TO APPROVE THE
SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES
AND THE CITY OF HUNTINGTON PARK, INCLUDING AUTHORIZATION TO
UTILIZE THESE FUNDS FOR THE PURCHASE OF POLICE EQUIPMENT IT IS RECOMMENDED THAT CITY COUNCIL:
1. Accept the reimbursable grant funding in the amount of $55,000; and
2. Approve a budget appropriation in the amount of $55,000 for the purchase of Mobile Data Computers (MDCs) for the police department; and
3. Authorize the City Manager to be designated as the Grantee Official for the purpose of executing grant objectives, grant agreement, and documentation; and
4. Authorize the Chief of Police to purchase the equipment.
MOTION: Councilmember Sanabria motioned to Accept the reimbursable grant funding in the amount of $55,000; and Approve a budget appropriation in the amount of $55,000 for the purchase of Mobile Data Computers (MDCs) for the police department; and Authorize the City Manager to be designated as the Grantee Official for the purpose of executing grant objectives, grant agreement, and documentation; and Authorize the Chief of Police to purchase the equipment. The motion was seconded by Vice Mayor Martinez. The motion was carried by unanimous consent.
AYES: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): None
PUBLIC WORKS
4. CONSIDERATION AND APPROVAL TO AWARD CONTRACT FOR MUNICIPAL
ENGINEERING SERVICES
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve a Professional Services Agreement (PSA) with Transtech Engineers, Inc. for Municipal Engineering Services; and
2. Authorize the City Manager to execute the PSA.
MOTION: Councilmember Sanabria motioned to Approve a Professional Services Agreement (PSA) with Transtech Engineers, Inc. for Municipal Engineering Services; and Authorize the City Manager to execute the PSA. The motion was seconded by Vice Mayor Martinez. The motion was carried by unanimous consent.
AYES: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): None
5. CONSIDERATION AND APPROVAL TO AWARD A JANITORIAL SERVICES
PROFESSIONAL SERVICES AGREEMENT
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve the Professional Services Agreement (PSA) with Ultimate Maintenance Services for Janitorial Services; and
2. Authorize the City Manager to execute the professional services agreement.
MOTION: Councilmember Sanabria motioned to Amend the Agenda and add the Item to agenda as it was stated in the Agenda Packet. Approve the extension of Interim Community Development Contract for another period. by Councilmember Sanabria. The motion was seconded by Councilmember Martiz. The motion was carried by majority vote.
AYES: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): None
ABSENT: Council Member(s): None
6. FISCAL YEAR 2025-26 Q1 BUDGET REVIEW OF THE CITY’S OPERATING BUDGET
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Receive and file the FY 2025-2026 Q1 Budget Status Report MOTION: Councilmember’s received and filed the Fiscal Year 2025-25 Q1 Budget Review.
7. CONSIDERATION AND APPROVAL OF A BUDGET APPROPRIATION OF $140,000 FOR IMPLEMENTATION OF THE TYLER TECHNOLOGIES ERP SYSTEM
IT IS RECOMMENDED THAT CITY COUNCIL:
1. Approve additional budget appropriation of $140,000 For Fiscal Year (FY 25/26) to account #787-8951-419.43-15
MOTION: Vice Mayor motioned to Approve additional budget appropriation of $140,000 For Fiscal Year (FY 25/26) to account #787-8951-419.43-15. The motion was seconded by Councilmember Sanabria. The motion was carried by unanimous consent.
AYES: Council Member(s): Macias, Martiz, Sanabria, Vice Mayor Martinez, and Mayor Flores
NOES: Council Member(s): None
ABSENT: Council Member(s): None
END OF REPORTS AND INFORMATIONAL ITEMS
DEPARTMENTAL REPORTS
Parks and Recreation: Thursday we will be having our Halloween Event at Salt Lake Park from 4pm-8pm. On Sunday, we will also be having our Dia De Los Muertos Event.
Community Development: We will have a public booth for our General Plan Consultant.
We have hired a full code enforcement team.
Public Works: Thank you to Council for approving both contracts today. He looks forward to working with those two companies.
City Clerk: Remind everyone there will be statewide special election on Tuesday, November 4th. Dropbox information is now available on City Website.
Communications: On October 29th there will be a Fair Housing workshop from 4pm-8pm.
A lot of Parks and Recreation Events coming out. I had a ribbon cutting ceremony at charter school.
Police: Let everyone know that Dodgers and Bluejay game is being closely watched to ensure that members of community are safe and all those who come out to celebrate can do so peacefully.
City Manager: Tentative Special Meeting on November 12th. Formal process to cancel meeting on November 11th. Council did approve plan of general plan that hasn’t been updated since the early 1990s. It will create framework for decision making when it comes to land use, economic development, environmental justice, and housing. Did have an internal kickoff between parks and consultants provide a performance evaluation of service delivery for parks department and allocation of resources. It will be a year long process to determine that our Parks masterplan is up to date. Communications is currently a department of one, we will reevaluate the vacancy and give the director more resources to continue with work he is doing. We are trying to get a permanent PIO. We did hire a new code enforcement manager and two code enforcement officers. Really excited to see the progress than thanks council for support.
WRITTEN COMMUNICATIONS
None
COUNCIL COMMUNICATIONS
Councilmember Martiz: She was reminded that parking survey is holding up a lot of decisions. She wants to see that come back soon. Looks forward to the events coming up.
Councilmember Macias: Thank you have a good night!
Councilmember Sanabria: Thank you all for the staff. Two things for City Manager.
Tree Trimming contract expired on October 5th and wants to go out for RFP, doesn’t want contracts to continue to reach the limit. Mr. Cs towing is another one we either need to renew or replace with RFP.
Vice Mayor Martinez: Have a good night! Looks forward to the events coming up.
Wants to look into ordinance regarding public murals and potentially unveil a new mural for the spring art walk.
Mayor Flores: Welcome to Mr. Morales officially. Since June 4th it has been a whirlwind.
We are coming into Thanksgiving soon. The mayor had the opportunity to go to NALEO this year and had the opportunity to talk to Latino leaders throughout the nation. We have shared ordinances, press releases, and strategies of how we navigate those spaces. He thanked the council for their assistance and for helping to see the vision of the plan.
CLOSED SESSION
None
CLOSED SESSION REPORT
None
ADJOURNMENT
MOTION: Mayor Flores adjourned 10:04pm. The next special city council meeting is set to be held on Tuesday, November 12th, 2025 @6pm.
Respectfully submitted,
Eduardo Sarmiento, City Clerk
ITEM 2
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001176 11/5/2025 AAA ELECTRICAL SUPPLY INC 322084-00 PARKS REPAIR MATERIALS 940.31 1001177 11/5/2025 AARDVARK INV2500878 PD SUPPLIES 918.96 1001178 11/5/2025 AGAPE PAINTING & MAINTENANCE 102525 PD BUILDING PAINT SERVICES 4,500.00 1001179 11/5/2025 ALADDIN LOCK & KEY SERVICE 35609 PW MASTER LOCKS 471.22 W2519 11/5/2025 ALL AMERICAN ASPHALT 211655 SLAUSON CONGESTION RELIEF 198,906.01 W2520 11/5/2025 ALL CITY MANAGEMENT SERVICES,INC 103647 SCHOOL CROSSING GUARD 13,357.28 W2520 11/5/2025 ALL CITY MANAGEMENT SERVICES,INC 103303 SCHOOL CROSSING GUARD 13,143.90 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1P61-N7GG-HQH6 COUNCIL OFFICE SUPPLIES 193.84 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1PTK-VNLD-J14G ADMIN SUPPLIES 331.82 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1JWC-QLPC-JGFX CITY CLERK OFFICE SUPPLIES 22.03 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1JWC-QLPC-JGFX FINANCE OFFICE SUPPLIES 111.86 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1D4-NNVW-MKWQ ADMIN SUPPLIES 61.30 1001180 11/5/2025 AMAZON.COM SERVICES, INC. 1PTK-VNLD-H199 STOCK SUPPLIES 370.13 1001181 11/5/2025 AT&T 24168484 CONTRACT NUMBERS 549.35 W9304 11/5/2025 AT&T 254852700NOV INTERNET SERVICES 128.40 W9304 11/5/2025 AT&T 317316997NOV INTERNET SERVICES 101.65 1001182 11/5/2025 AT&T MOBILITY X10252025 BILLING 9/18/25-10/17/25 4,636.31 1001183 11/5/2025 AUTO ZONE VOID VOID VOID
1001184 11/5/2025 AUTO ZONE 4075586685 PD UNIT 977 PARTS 19.91 1001184 11/5/2025 AUTO ZONE 265314258 PD UNIT 985 PARTS 236.17 1001184 11/5/2025 AUTO ZONE 4075394453 CREDIT (458.06)
1001184 11/5/2025 AUTO ZONE 4075466659 CREDIT (155.33)
1001184 11/5/2025 AUTO ZONE 4075468951 CREDIT (62.88)
1001184 11/5/2025 AUTO ZONE 4075570032 PD UNIT 270 PARTS 82.04 1001184 11/5/2025 AUTO ZONE 4075433659 PD UNIT 279 PARTS 135.23 1001184 11/5/2025 AUTO ZONE 4075520083 PD UNIT 279 PARTS 31.86 1001184 11/5/2025 AUTO ZONE 4075534428 FLEET SUPPLIES 279.83 1001184 11/5/2025 AUTO ZONE 4075534895 FLEET SUPPLIES 16.56 1001184 11/5/2025 AUTO ZONE 4075566874 FLEET SUPPLIES 409.80 1001184 11/5/2025 AUTO ZONE 4075575866 PW UNIT 102 SUPPLIES 337.69 1001184 11/5/2025 AUTO ZONE 4075492171 CREDIT (375.80)
1001184 11/5/2025 AUTO ZONE 4075402736 CREDIT (154.70)
1001184 11/5/2025 AUTO ZONE 4075454357 CREDIT (170.04)
1001184 11/5/2025 AUTO ZONE 4075454355 CREDIT (106.07)
1001184 11/5/2025 AUTO ZONE 4075394873 PW UNIT 186 PARTS 72.90 1001184 11/5/2025 AUTO ZONE 4075591195 FLEET SUPPLIES 124.93 1001184 11/5/2025 AUTO ZONE 4075591603 PW UNIT 264 PARTS 61.97 1001184 11/5/2025 AUTO ZONE 4075426415 SHUTTLE PARTS 391.83 1001184 11/5/2025 AUTO ZONE 4075400123 PD STOCK SUPPLIES 134.30 1001184 11/5/2025 AUTO ZONE 4075586685 PD UNIT 977 PARTS 19.91 1001184 11/5/2025 AUTO ZONE 4075423491 PD UNIT 977 PARTS 667.71 1001184 11/5/2025 AUTO ZONE 4075544130 PD UNIT 270 PARTS 64.86 1001184 11/5/2025 AUTO ZONE 4075469428 PW UNIT 358 PARTS 51.19 1001184 11/5/2025 AUTO ZONE 4075486052 FLEET SUPPLIES 48.21 1001184 11/5/2025 AUTO ZONE 4075508390 FLEET SUPPLIES 144.99 1001184 11/5/2025 AUTO ZONE 4075434365 PW UNIT 191 PARTS 170.04 1001184 11/5/2025 AUTO ZONE 4075439362 PW UNIT 349 PARTS 408.03
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001184 11/5/2025 AUTO ZONE 4075439956 PW UNIT 182 PARTS 170.04 1001184 11/5/2025 AUTO ZONE 4075442239 PW UNIT 194 PARTS 190.92 1001184 11/5/2025 AUTO ZONE 4075466651 FLEET SUPPLIES 155.33 1001184 11/5/2025 AUTO ZONE 4075391472 STOCK SUPPLY 65.47 1001184 11/5/2025 AUTO ZONE 4075378551 PD UNIT 957 PARTS 55.40 1001184 11/5/2025 AUTO ZONE 4075529237 PD STOCK SUPPLIES 66.53 1001184 11/5/2025 AUTO ZONE 4075419645 PD UNIT 1002 PARTS 395.08 1001184 11/5/2025 AUTO ZONE 4075393982 SHUTTLE 0007 PARTS 458.06 1001184 11/5/2025 AUTO ZONE 4075533911 PD UNIT 957 PARTS 402.21 1001184 11/5/2025 AUTO ZONE 4075449632 PD UNIT 966 PARTS 60.86 1001184 11/5/2025 AUTO ZONE 4075533909 CREDIT (282.49)
1001184 11/5/2025 AUTO ZONE 4075575951 CREDIT (337.69)
1001184 11/5/2025 AUTO ZONE 4075435457 PD UNIT 231 PARTS 224.73 1001184 11/5/2025 AUTO ZONE 4075592493 PD STOCK SUPPLIES 141.06 1001184 11/5/2025 AUTO ZONE 5431387500 PD UNIT 370 PARTS 81.19 1001184 11/5/2025 AUTO ZONE 4075591240 CREDIT (44.74)
1001184 11/5/2025 AUTO ZONE 4075077082 CREDIT (79.37)
1001184 11/5/2025 AUTO ZONE 4075454356 CREDIT (101.65)
1001184 11/5/2025 AUTO ZONE 4075528975 FLEET SUPPLIES 69.81 1001184 11/5/2025 AUTO ZONE 4075426414 SHUTTLE PARTS 391.83 1001184 11/5/2025 AUTO ZONE 4075392556 SHUTTLE 0007 PARTS 458.06 1001185 11/5/2025 AVANT GARDE INC 12281 SEPTEMBER 2025 SERVICES 13,768.75 1001185 11/5/2025 AVANT GARDE INC 12280 SEPTEMBER 2025 SERVICES 12,027.50 1001186 11/5/2025 BLANCA LOPEZ 2000126.002 EXCURSION REFUND 10.00 1001187 11/5/2025 BRIZUELA'S IRON WORK 262 FENCE REPAIR 1,984.50 1001187 11/5/2025 BRIZUELA'S IRON WORK 263 PW UNIT 365 & 366 REPAIRS 1,500.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31344 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31345 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31346 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31347 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31348 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31349 2026 CPRS CONFERENCE 515.00 1001188 11/5/2025 CALIFORNIA PARK&RECREATION SOCIETY 31350 2026 CPRS CONFERENCE 515.00 1001189 11/5/2025 CENTRAL BASIN MWD HP-SEP25 SEPTEMBER 2025 SERVICES 197,838.89 1001190 11/5/2025 CENTRAL FORD 64875 CREDIT MEMO (83.06) 1001190 11/5/2025 CENTRAL FORD 64890 PD STOCK SUPPLIES 149.47 1001190 11/5/2025 CENTRAL FORD 64843 PD UNIT 977 REPAIRS 330.52 1001190 11/5/2025 CENTRAL FORD 65082 PD UNIT 977 PARTS 74.26 1001190 11/5/2025 CENTRAL FORD 65083 PD UNIT 978 PARTS 74.26 1001190 11/5/2025 CENTRAL FORD 64872 PD UNIT 977 PARTS 446.55 1001190 11/5/2025 CENTRAL FORD 64909 PD 2016-2018 EXPLORER PARTS 131.13 1001190 11/5/2025 CENTRAL FORD 64908 PD UNIT 985 PARTS 32.78 1001190 11/5/2025 CENTRAL FORD 65384 PD UNIT 977 PARTS 294.99 1001190 11/5/2025 CENTRAL FORD 64823 PD UNIT 977 REPAIRS 1,231.69 W2521 11/4/2025 CENTRAL SQUARE TECHNOLOGIES LLC 445746 SOFTWARE SYSTEM 16,411.68 1001191 11/5/2025 CHAMPION CJD 7340156 PD UNIT 955 PARTS 208.80
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001192 11/5/2025 CINDI CAYAX 2558 CDBG SENIOR SERVICES 304.00 1001193 11/5/2025 CINTAS CORPORATION NO 3 4245818137 UNIFORM DRY CLEANING 624.02 1001193 11/5/2025 CINTAS CORPORATION NO 3 4246537377 UNIFORM DRY CLEANING 494.44 1001194 11/5/2025 CITIWIDE BUILDERS 6759 PERMIT REFUND 588.00 1001195 11/5/2025 CLARY BUSINESS MACHINES 135164 PD ADMIN SUPPLIES 6,120.38 1001196 11/5/2025 COLIMA GLASS & WINDOW CORP 5195 PARKS BUILDING WINDOW 940.00 1001197 11/5/2025 COLLINS+COLLINS, LLP 4391099 CLAIM SETTLEMENT 4,069.55 1001198 11/5/2025 CONCENTRA MEDICAL CENTERS 88517340 NEW HIRE PHYSICAL 1,148.00 1001198 11/5/2025 CONCENTRA MEDICAL CENTERS 88599365 NEW HIRE PHYSICAL 4,400.00 W9304 11/5/2025 CORE BUSINESS TECHNOLOGIES 317730290782SE BANK FEES 983.53 W9304 11/5/2025 CORE BUSINESS TECHNOLOGIES 317730304873SE BANK FEES 592.71 1001199 11/5/2025 COUNTY OF L.A. DEPT OF PUBLIC WORKS 25100602214 LEGAL SERVICES 1,260.31 1001200 11/5/2025 CTOS CALIFORNIA, LLC 2.02501E+12 PW UNIT 352 REPAIRS 5,716.00 1001201 11/5/2025 DANIEL R LOPEZ 1158 VETERANS DAY PHOTO BOOTH 850.00 1001202 11/5/2025 DANIELS TIRE SERVICE 229003534 PD UNIT 985 PARTS 546.15 1001202 11/5/2025 DANIELS TIRE SERVICE 229003533 PD UNIT 978 PARTS 546.15 1001203 11/5/2025 DATA TICKET INC. 184644 CITATION PROCESSING SEPTEMBER 2025 98.50 1001203 11/5/2025 DATA TICKET INC. 182366 WEBSITE ACCESS JULY 2025 12.50 1001203 11/5/2025 DATA TICKET INC. 184787 WEBSITE ACCESS SEPEMBER 2025 12.50 1001203 11/5/2025 DATA TICKET INC. 184690 CE PROCESSING SEPTEMBER 2025 117.50 1001203 11/5/2025 DATA TICKET INC. 184752 WEBSITE ONLINE ACCESS 12.50 1001203 11/5/2025 DATA TICKET INC. 185468 PARKING CITATION PROCESS 13,151.88 W2522 11/4/2025 DATAPROSE, INC. DP2504971 WATER BILLS & POSTAGE 2,336.94 W2522 11/4/2025 DATAPROSE, INC. DP2504971 WATER BILLS & POSTAGE 1,130.60 1001204 11/5/2025 DELL INC. 10836767580 DELL PRO MAX TOWER 2,946.95 1001205 11/5/2025 DESIGN PRINT BANNER, LLC US362963501759 HALLOWEEN SUPPLIES 228.09 1001206 11/5/2025 DUNN EDWARDS CORPORATION 2009A56493 PAINT FOR GRAFFITI REMOVAL 344.82 1001206 11/5/2025 DUNN EDWARDS CORPORATION 2009A56775 PAINT FOR GRAFFITI REMOVAL 406.09 1001207 11/5/2025 ELSY MUNDO 2000121.002 EXCURSION REFUND 20.00 1001208 11/5/2025 ELVIA SANCHEZ-SANCHEZ 2000103.002 EXCURSION REFUND 15.00 W2523 11/5/2025 EXPRESS TRANSPORTATION SERVICES LLC DAR09012025 DIAL A RIDE SEPTEMBER 2025 74,443.41 1001209 11/5/2025 FAIR HOUSING FOUNDATION 100825 SEPTEMBER 2025 SERVICES 2,522.73 1001209 11/5/2025 FAIR HOUSING FOUNDATION 90825 AUGUST 2025 SERVICES 2,290.35 1001210 11/5/2025 FERGUSON ENTERPRISES INC 5802198 PW SUPPLIES 1,512.52 1001210 11/5/2025 FERGUSON ENTERPRISES INC 5818281 PD REPAIR MATERIALS 63.68 1001210 11/5/2025 FERGUSON ENTERPRISES INC 5839294 PD REPAIR MATERIALS 126.24 1001211 11/5/2025 FRANCISCO NAVARRO 2000097.002 YOUTH SPORTS REFUND 10.00 1001212 11/5/2025 FUN EXPRESS, LLC 73902265901 HALLOWEEN SUPPLIES 174.70 1001212 11/5/2025 FUN EXPRESS, LLC 73902265902 HALLOWEEN SUPPLIES 58.69 1001212 11/5/2025 FUN EXPRESS, LLC 73903322601 HALLOWEEN SUPPLIES 89.40 1001213 11/5/2025 FUSION CAR AUDIO 14074 PD UNIT 1010 TINTS 480.00 1001214 11/5/2025 GALLS LLC 32808378 PD UNIFORMS 246.94 1001214 11/5/2025 GALLS LLC 32876549 PD UNIFORMS 246.94 1001215 11/5/2025 GEORGE CHEVROLET 202072CVW PD UNIT 952 REPAIRS 87.62 1001215 11/5/2025 GEORGE CHEVROLET 202292CVW PD UNIT 984 PARTS 154.53 1001216 11/5/2025 GUADALUPE SANDOVAL 2000117.002 EXCURSION REFUND 20.00
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001217 11/5/2025 GUADALUPE VERGARA 2000125.002 EXCURSION REFUND 10.00 1001218 11/5/2025 HAJOCA CORPORATION S177073039.001 PD REPAIR MATERIALS 306.62 W2525 11/4/2025 HASA, INC. 1075207 WELL 18 SUPPLIES 354.18 W2525 11/4/2025 HASA, INC. 1075208 WELL 12 SUPPLIES 451.11 W2525 11/4/2025 HASA, INC. 1075206 WELL 15 SUPPLIES 354.88 W2525 11/4/2025 HASA, INC. 1077298 WELL 17 SUPPLIES 526.30 W2525 11/4/2025 HASA, INC. 1077297 WELL 15 SUPPLIES 415.03 W2525 11/4/2025 HASA, INC. 1077294 WELL 18 SUPPLIES 423.80 1001219 11/5/2025 HASSAN SALEH 10212025 EMPLOYEE REIMBURSEMENT 632.10 1001220 11/5/2025 HDL COREN & CONE SIN055834 PROPERTY TAX OCTOBER-DECEMBER 2025 2,514.71 W2526 11/4/2025 HEALTH AND HUMAN RESOURCE CENTER E0355136 EAP NOVEMBER 2025 267.30 1001277 11/6/2025 HECTOR G. MORENO 5602 TAEKWONDO INSTRUCTOR 1,064.00 1001277 11/6/2025 HECTOR G. MORENO 5603 TAEKWONDO INSTRUCTOR 1,344.00 1001277 11/6/2025 HECTOR G. MORENO 5603 TAEKWONDO INSTRUCTOR 672.00 1001221 11/5/2025 HERMINA GALINDO DE BALDERAS 2000124.002 EXCURSION REFUND 25.00 1001222 11/5/2025 HOME DEPOT 8546346 CITY SIDEWALK MATERIALS 342.11 1001222 11/5/2025 HOME DEPOT 7553628 CITY SIDEWALK MATERIALS 63.65 1001222 11/5/2025 HOME DEPOT 3510621 CITY SIDEWALK MATERIALS 46.69 1001222 11/5/2025 HOME DEPOT 270226 PW REPAIR MATERIALS 175.70 1001222 11/5/2025 HOME DEPOT 1275662 PW REPAIR MATERIALS 88.37 1001222 11/5/2025 HOME DEPOT 9270325 PW REPAIR MATERIALS 209.26 1001222 11/5/2025 HOME DEPOT 3524518 CITY HALL REPAIR MATERIAL 461.32 1001222 11/5/2025 HOME DEPOT 2534290 PARKS REPAIR MATERIALS 87.22 1001222 11/5/2025 HOME DEPOT 1275614 PARKS REPAIR MATERIALS 300.76 1001222 11/5/2025 HOME DEPOT 513686 PARKS REPAIR MATERIALS 513.83 1001222 11/5/2025 HOME DEPOT 6276892 PARKS REPAIR MATERIALS 125.43 1001222 11/5/2025 HOME DEPOT 7514024 PARKS REPAIR MATERIALS 149.02 1001222 11/5/2025 HOME DEPOT 6276855 PARKS REPAIR MATERIALS 111.33 1001222 11/5/2025 HOME DEPOT 2552421 PARKS REPAIR MATERIALS 220.60 1001222 11/5/2025 HOME DEPOT 5276972 PARKS REPAIR MATERIALS 59.29 1001222 11/5/2025 HOME DEPOT 6530123 IT MATERIALS 330.89 1001222 11/5/2025 HOME DEPOT 275684 IT MATERIALS 307.38 1001222 11/5/2025 HOME DEPOT 1032250 CITY REPAIR MATERIALS 921.15 1001223 11/5/2025 HUMAN SERVICES ASSOCIATION 90825 SENIOR SERVICES 8,946.03 1001223 11/5/2025 HUMAN SERVICES ASSOCIATION 90825 SENIOR SERVICES 1,053.97 1001224 11/5/2025 IBE DIGITAL 485322 KONICA MINOLTA TONER 18.11 1001224 11/5/2025 IBE DIGITAL 485229 KONICA MINOLTA USAGE 736.74 1001224 11/5/2025 IBE DIGITAL 485237 KONICA MINOLTA USAGE 38.55 1001224 11/5/2025 IBE DIGITAL 485432 KONICA MINOLTA TONER 18.23 1001225 11/5/2025 IBE DIGITAL 40388091 KONICA 003-1977267-000 LEASE 3,306.27 1001226 11/5/2025 INTERSTATE BATTERIES OF CA COAST 140085206 STOCK SUPPLIES 458.27 1001227 11/5/2025 JAVIER GARCIA 2000093.002 DEPOSIT REFUND 500.00 1001228 11/5/2025 JERRY'S AUTO BODY, INC. 33650 PD UNIT 952 REPAIRS 831.23 1001228 11/5/2025 JERRY'S AUTO BODY, INC. 33649 PD UNIT 982 REPAIRS 1,877.42 1001229 11/5/2025 JESUS RIVAS 2000104.002 EXCURSION REFUND 40.00 1001230 11/5/2025 JOSE DE JESUS 2000100.002 EXCURSION REFUND 20.00
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001231 11/5/2025 JOSE LAZARRO 2000094.002 YOUTH SPORTS REFUND 75.00 1001231 11/5/2025 JOSE LAZARRO 2000094.002 YOUTH SPORTS REFUND 60.00 1001232 11/5/2025 JOSE MALDONDO 10202025 EMPLOYEE REIMBURSEMENT 21.75 1001233 11/5/2025 JOSE NAVARRO 2000129.002 EXCURSION REFUND 20.00 W2530 11/4/2025 LADAYU CONSULTING GROUP 22-CIP2019-02 SEPTEMBER 2025 SERVICES 3,935.00 1001234 11/5/2025 LAUDY DEL CID 2000110.002 EXCURSION REFUND 20.00 W2531 11/4/2025 LB JOHNSON HARDWARE CO. 139743 PARK BUILDING MATERIALS 76.81 W2531 11/4/2025 LB JOHNSON HARDWARE CO. 139744 PARK BUILDING MATERIALS (76.81) W2531 11/4/2025 LB JOHNSON HARDWARE CO. 139745 PARK BUILDING MATERIALS 98.76 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307210 LEGAL SERVICES 2,029.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307209 LEGAL SERVICES 11,541.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307212 LEGAL SERVICES 3,243.00 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307214 LEGAL SERVICES 319.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307215 LEGAL SERVICES 9,127.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307217 LEGAL SERVICES 1,650.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307211 LEGAL SERVICES 875.00 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 305529 LEGAL SERVICES 124.50 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307216 LEGAL SERVICES 1,154.00 1001235 11/5/2025 LIEBERT CASSIDY WHITMORE 307213 LEGAL SERVICES 5,846.50 1001236 11/5/2025 LYNBERG & WATKINS APC 28438 LEGAL SERVICES 983.95 1001236 11/5/2025 LYNBERG & WATKINS APC 72670 LEGAL SERVICES 110.00 1001237 11/5/2025 MARIA ELENA MARISCAL 2000108.002 EXCURSION REFUND 20.00 1001238 11/5/2025 MARIA PEREZ 2000102.002 EXCURSION REFUND 15.00 1001239 11/5/2025 MARIA T CANALES 2000120.002 EXCURSION REFUND 15.00 1001240 11/5/2025 MARTHA PATRICIA BARBOSA 2000118.002 EXCURSION REFUND 30.00 1001241 11/5/2025 MARX BROS FIRE EXTINGUISHER CO INC. E62438 ANNUAL MAINTENANCE 168.00 1001242 11/5/2025 MCMASTER-CARR SUPPLY CO. 53180871 PARK BUILDING MATERIALS 229.38 1001242 11/5/2025 MCMASTER-CARR SUPPLY CO. 53156038 PARK BUILDING MATERIALS 472.46 W2532 11/4/2025 MERRIMAC ENERGY GROUP 2242468 CITY WIDE FUEL 25,635.99 1001243 11/5/2025 MICHELLE MAGANA 2000113.002 EXCURSION REFUND 35.00 1001243 11/5/2025 MICHELLE MAGANA 2000115.002 EXCURSION REFUND 25.00 1001244 11/5/2025 MONSERRAT GIL 2000112.002 EXCURSION REFUND 10.00 1001245 11/5/2025 MR. HOSE INC. 264929 PW UNIT 412 PARTS 249.26 1001246 11/5/2025 NATIONAL READY MIXED CONCRETE CO. 955812 CONCRETE MIX 2,787.56 W2533 11/4/2025 NATIONWIDE ENVIRONMENTAL SERVICES 34865 MAY 2025 SERVICES 16,716.85 W2533 11/4/2025 NATIONWIDE ENVIRONMENTAL SERVICES 34865 MAY 2025 SERVICES 4,079.63 1001247 11/5/2025 NEW CHEF FASHION INC. 1107851 PD UNIFORMS 115.99 1001247 11/5/2025 NEW CHEF FASHION INC. 1107852 PD UNIFORMS 115.99 1001248 11/5/2025 NICHOLS CONSULTING ENGINEERS, CHTD 966053013 OCTOBER 2025 SERVICES 1,070.00 1001249 11/5/2025 NIEVES HAYDEE LUPPINO 2000106.002 EXCURSION REFUND 30.00 W2534 11/4/2025 NOBEL SYSTEMS, INC 16223 CITIZEN APP ANNUAL RENEWAL 106,000.00 1001251 11/5/2025 OC RAW, INC. 6848 K9 DOG FOOD 969.75
1001250 11/5/2025 O'REILLY AUTO PARTS 2959-331546 PD UNIT 977 PARTS 139.10 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-3319902 PD UNIT 984 PARTS 73.46 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-332645 CREDIT MEMO (228.51) 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-332255 PD UNIT 1006 PARTS 228.51
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-332383 PD UNIT 1006 PARTS 142.27 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-330378 CREDIT MEMO (326.69) 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-331048 PW UNIT 186 PARTS 39.43 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-330375 CREDIT MEMO (95.66) 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-335240 STOCK SUPPLY 276.24 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-334828 STOCK SUPPLY 2.53 1001250 11/5/2025 O'REILLY AUTO PARTS 2959-337447 PD UNIT 1006 PARTS 302.13 1001252 11/5/2025 PARS 58947 ANNUAL ASSET FEE 604.25
1001252 11/5/2025 PARS 59025 MONTHLY ADMIN FEE 2,851.52 1001252 11/5/2025 PARS 58947 TRUSTEE FEE 5.29
1001175 10/30/2025 PLS PRODUCTIONS 76 DAY OF THE DEAD STAGE 3,000.00 1001253 11/5/2025 PURCHASE POWER 10122025 HPPD POSTAGE FEES 417.08 1001254 11/5/2025 QDOXS IN70918 BILLING 10/18/25-11/17/25 46.94 1001254 11/5/2025 QDOXS IN70918 BILLING 10/18/25-11/17/25 46.94 1001254 11/5/2025 QDOXS IN70918 BILLING 10/18/25-11/17/25 46.94 1001255 11/5/2025 RAMON AGUIRRE LOPEZ 248417436 UTILITY REFUND 100.00 1001256 11/5/2025 REWARD PROPERTY MGMT, INC 2422125070 UTILITY REFUND 795.91 1001257 11/5/2025 RINCON CONSULTANTS, INC. 69392 SB 1000 ASSISTANCE - ADU 1,722.75 1001258 11/5/2025 RIO HONDO COLLEGE 2526-RG-HUNTIN 1ST QTR RANGE FEES 2,000.00 1001259 11/5/2025 ROADLINE PRODUCTS INC 21985 PW SUPPLIES 2,430.17 W2536 11/4/2025 ROBERT HALF INC 65482560 LABOR INVOICE 4,400.00 W2536 11/4/2025 ROBERT HALF INC 65498905 LABOR INVOICE 4,400.00 W2536 11/4/2025 ROBERT HALF INC 65498934 LABOR INVOICE 3,599.20 W2536 11/4/2025 ROBERT HALF INC 65364547 LABOR INVOICE 3,959.12 W2536 11/4/2025 ROBERT HALF INC 65378086 LABOR INVOICE 2,901.86 1001260 11/5/2025 ROBERTO RODRIGUEZ 2000098.002 DEPOSIT REFUND 500.00 1001261 11/5/2025 ROSARIO GONZALEZ 2000127.002 EXCURSION REFUND 10.00 W2537 11/4/2025 SAREGA LAW, APC 25-007 LEGAL SERVICES 15,000.00 1001262 11/5/2025 SHEENA MORALES 2000099.002 YOUTH SPORTS REFUND 50.00 1001263 11/5/2025 SLA 7329 OCTOBER 2025 LANDSCAPING 34,980.00 1001263 11/5/2025 SLA 7330 OCTOBER 2025 MAINTENANCE 800.00 1001264 11/5/2025 SO. CAL TIRE RECYCLE INC 6457 TIRES PICKED UP/RECYCLED 978.00 1001264 11/5/2025 SO. CAL TIRE RECYCLE INC 5461 TIRES PICKED UP/RECYCLED 993.00 1001265 11/5/2025 SOLAR ART 1081988 FREEDON PARK SUPPLIES 2,112.00 W9304 11/5/2025 SOUTHERN CALIFORNIA EDISON 600001001332NO ELECTRICAL SERVICE 28,343.71 W9304 11/5/2025 SOUTHERN CALIFORNIA EDISON 700116911821NO ELECTRICAL SERVICE 2,775.31 W9304 11/5/2025 SOUTHERN CALIFORNIA EDISON 700330421450NO ELECTRICAL SERVICE 66.76 W9304 11/5/2025 SOUTHERN CALIFORNIA EDISON 700544129426OC ELECTRICAL SERVICE 6,384.46 1001266 11/5/2025 SPARTANS CARWASH 81925 PD CAR WASHES 385.00 1001266 11/5/2025 SPARTANS CARWASH 80525 PD CAR WASHES 418.00 1001267 11/5/2025 STACY MEDICAL CENTER 3160-57642 PREBOOKING EXAMS 925.75 1001268 11/5/2025 STERICYCLE INC 8012332702 NOVEMBER 2025 SERVICES 53.01 1001269 11/5/2025 THE HARMONY DOLLS 101425 VETERANS DAY PERFORMERS 1,600.00 W9304 11/5/2025 T-MOBILE USA 975956065OCT PHONE SERVICE 09/21-10/20 8,625.57 W9304 11/5/2025 T-MOBILE USA 102125 GEO TAB 09/21-10/20 729.75 W2538 11/4/2025 TYLER TECHNOLOGIES, INC. 045-537358 ORIGINAL CONTRACT 178753 1,480.00
City of Huntington Park
Warrant Register
November 5, 2025
CHECK/WIRE NUMBER CHECK/WIRE DATE PAYEE INVOICE NUMBER DESCRIPTION TRANSACTION AMOUNT W2538 11/4/2025 TYLER TECHNOLOGIES, INC. 045-538267 ORIGINAL CONTRACT 178753 1,480.00 1001270 11/5/2025 ULINE 199326230 PW SUPPLIES 951.45
1001270 11/5/2025 ULINE 199275663 PW SUPPLIES 552.62
1001270 11/5/2025 ULINE 199275632 PW SUPPLIES 977.81
1001270 11/5/2025 ULINE 199275651 PW SUPPLIES 506.38
1001270 11/5/2025 ULINE 199326271 PW SUPPLIES 910.19
1001271 11/5/2025 V & V MANUFACTURING, INC. 63265 PD SUPPLIES 527.50 1001272 11/5/2025 VALLEY ALARM 1327601 FIRE ALARM @ PW YARD 290.00 1001272 11/5/2025 VALLEY ALARM 1327604 FIRE ALARM @ CITY HALL 140.00 1001273 11/5/2025 WALTERS WHOLESALE ELECTRIC COMPANY S128992572.001 PARKS REPAIR MATERIALS 763.89 1001274 11/5/2025 WATER REPLENISHMENT DISTRICT OF 8312025 GROUNDWATER ASSESMENT 119,837.84 W2539 11/4/2025 WESTERN EXTERMINATOR COMPANY 606303C PEST CONTROL MAINTENANCE 111.70 W2539 11/4/2025 WESTERN EXTERMINATOR COMPANY 606303C PEST CONTROL MAINTENANCE 75.15 W2539 11/4/2025 WESTERN EXTERMINATOR COMPANY 606303C PEST CONTROL MAINTENANCE 408.65 W2539 11/4/2025 WESTERN EXTERMINATOR COMPANY 606303C PEST CONTROL MAINTENANCE 80.66 W2539 11/4/2025 WESTERN EXTERMINATOR COMPANY 606303C PEST CONTROL MAINTENANCE 211.74 1001275 11/5/2025 WHITTIER POLICE DEPARTMENT 26 MAV 004 ANNUAL MUTUAL AID MAINTENANCE 500.00 1001276 11/5/2025 WOODRUFF & SMART 78876 LEGAL SERVICES 220.00 1001276 11/5/2025 WOODRUFF & SMART 78700 LEGAL SERVICES 12,373.40 Grand Total 1,140,051.41
ITEM 3
CITY OF HUNTINGTON PARK
Finance Department
City Council Agenda Report
November 12, 2025
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:
CONS IDERATION AND APPROVAL OF A PAYMENT OF $315,093.31 TO
METROPOLITAN TRANSPORTATION AUTHORITY
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Receive and file the Resolution of FA#FA.P00F3609: Pacific Boulevard Pedestrian Improvement Project Final Audit Report; and
2. Authorize payment of $315,093.31 to Metropolitan Transportation Authority
BACKGROUND
On February 10, 2014, Metro authorized a $2,676,000 Local Transportation Funds (LTF) grant to the City of Huntington Park for the Pacific Boulevard Pedestrian Improvement Project, under Funding Agreement (FA) P00F3609, on a cost reimbursement basis. Prior to executing the agreement, Metro had issued a Letter of No Prejudice on December 17, 2010, allowing the City to spend up to $1,224,874 in local funds, which would count as the required local match. The FA was amended three times, with Amendments 2 and 3 extending the lapsing date to February 28, 2019. The audit of the grant commenced in FY 2022-2023 and was finalized as of March 7th, 2025.
The project area spans Pacific Boulevard between Slauson Avenue and Florence Avenue in Huntington Park and included a range of pedestrian improvements along the 4,000 linear-foot commercial corridor. Enhancements included 70 benches and trash receptacles, 14 bus shelters with signage, shared structures, bike racks, 16 planters, upgraded traffic signals, 14 decorative pedestrian lights, 10 crossings, 18 wayfinding signs, a gateway entrance sign, and landscaping, all aimed at improving pedestrian safety and the overall pedestrian experience.
CONSIDERATION AND APPROVAL OF A PAYMENT OF $315,093.31 TO
METROPOLITAN TRANSPORTATION AUTHORITY
November 12, 2025
2 AUDIT FINDINGS
Due to the extended period between the project's initiation and the conclusion of the audit, there have been several changes in City personnel at both the director and staff levels.
As a result of these staffing transitions, current personnel were unable to locate certain documents requested by the Metro audit team to verify adherence to procurement guidelines and to confirm the allowability of all expenses.
A summary of the audit findings presented in the attached report is as follows:
• $751,104 questioned due to the City's inability to provide:
o Procurement documentation showing that construction work by Alfaro Communication Construction, Inc. was within project scope. o Executed change orders totaling $149,694 to justify additional work performed.
• $460,968 questioned related to Interlog HYM due to City's inability to provide:
o Procurement documentation explaining the $1,201,524 difference between the City Council-approved contract of $2,528,987 and the executed contract amount of $3,730,511.
o Reasons why incurred costs of $2,284,248 exceeded the approved amount of $1,823,280, including all change orders.
• $427,332 questioned regarding Primestor Development due to City's inability to provide:
o Procurement documentation (e.g., public bid notice, evaluation criteria/results, executed agreement) demonstrating compliance with City procurement policies.
o $45,000 in amended costs unsupported by an executed amendment or scope of additional work.
o $185,095 in unsupported billing due to missing timesheets, service descriptions, and sub-consultant invoices.
• $240,248 questioned due to City's inability to provide missing supporting documentation for various vendors:
o $145,000 (Transtech Engineers) and $20,314 (Big Belly Solar, Inc.) lacked invoices and payment approvals.
o $67,863 in material costs from various vendors without contracts, invoices, or canceled checks.
o $7,071 (AIM Consulting) lacked documentation for labor compliance charges and the agreement for a 10% markup on sub-consultant charges. • $30,945 questioned as an ineligible prepayment to Big Belly Solar, Inc.:
o Payment was for a 4-year software license fee, which falls outside the scope of the funding agreement.
CONSIDERATION AND APPROVAL OF A PAYMENT OF $315,093.31 TO
METROPOLITAN TRANSPORTATION AUTHORITY
November 12, 2025
3 FISCAL IMPACT
Due to the number of costs deemed unallowable by the audit, Metro has determined that the City received an overpayment totaling $315,096.31. As a result, Metro is requiring the City to repay this amount using General Fund dollars.
CONCLUSION
Attached is the full single audit report done by Metro and all supporting letters.
Upon Council approval staff will receive and file the single audit report and send payment due to Metro.
Respectfully submitted,
RICARDO REYES
City Manager
JEFF JONES
Director of Finance
ATTACHMENT(S)
A. FA.P00F3609 Audit Resolution Letter
B. City of Huntington Park FA.P00F3609 Final Report
C. Inv#800092178 - City of Huntington Park
Los Angeles County
Metropolitan Transportation Authority
Metro
March 7, 2025
Mr. Jeff Jones
Director of Finance
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
One Gateway Plaza
Los Angeles, CA 90012-2952
213.922.2000 Tel
metro.net
Subject: Resolution of FA# FA.P00F3609: Pacific Boulevard Pedestrian Improvement Project Final Audit Report
Dear Mr. Jones:
The Metro Audit Department completed the Final Audit report for the Pacific Boulevard Pedestrian Improvement Project (FA# FA.P00F3609) in September 2024. The Metro Audit report found cost differences of $1,910,597, affecting the total allowable project costs and Metro's share of allowable costs. Based on these cost differences, the report found an overpayment of $929,820 (the difference between Metro's payments of $2,542,200 and Metro's share of allowable project costs of $1,612,380). Of the $1,910,597 in cost differences:
1. $751,104 due to the City's inability to provide procurement supporting documents showing that the scope and specifications of the construction work performed by Alfaro Communication Construction, Inc., were for this project. In addition, no executed change orders totaling $149,694 were provided to support the justification and nature of the additional work performed for the project.
2. $460,968 due to the City being unable to provide procurement supporting documents for lnterlog HYM justifying the difference of $1,201,524 between the City Council's approved original contract amount of $2,528,987 and the executed contract amount of $3,730,511. The $460,968 cost difference is between the City's incurred costs of $2,284,248 and the City Council's approved amount of $1,823,280, including all the change orders. The cost difference also included $3,952 of unsupported expenditures due to a missing invoice and payment approval.
3. $427,332 due to the City being unable to provide procurement supporting documents for Primestor Development, such as a published notice of invitation for bid, proposal evaluation criteria, proposal evaluation, and executed agreement showing the City's compliance with its procurement policy to select 'the best possible service to the City for the best value." The cost difference also includes i) $45,000 of the amended amount without an executed amendment and supporting documents stating the nature and scope of the additional work and ii) $185,095 due to the City being unable to provide billing details and supporting documents such as timesheets, nature of services rendered, and sub-consultants invoices.
ATTACHMENT "A"
Independent Auditor's Report on Agreed-Upon Procedures for the City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Report No. 23-PLN-A10
SEPTEMBER 2024
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Table of Contents
Agreed-Upon Procedures and Results................................................................ 1 Background......................................................................................................... 5 Background .................................................................................................... 5 Objective ........................................................................................................ 5 Scope.............................................................................................................. 6 Compliance Statement ................................................................................... 6 Methodology.................................................................................................. 6 Other Matters..................................................................................................... 8 Appendices......................................................................................................... 9 Appendix A – Summary of Project Funding and Expenditures....................... 10 Appendix B – City of Huntington Park Management’s Response .................. 13 Appendix C – Metro Management’s Response – Project Manager ............... 14 Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
The Los Angeles County Metropolitan Transportation Authority (Metro) Management Audit Services (MAS) performed the Agreed-Upon Procedures enumerated below on the City of Huntington Park’s close-out incurred project costs of the Pacific Boulevard Pedestrian Improvement Project under the Funding Agreement (FA) P00F3609. The City of Huntington Park is responsible for the claimed incurred project costs. MAS’ responsibility is to evaluate incurred project costs and identify findings based on the agreed-upon procedures. MAS performed the engagement procedures at the request of Jacqueline Su, Manager, Transportation Planning, Mobility Corridors Team. Planning department management has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of the closeout of the project. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such users are responsible for determining whether the procedures performed are appropriate for their purposes.
Agreed-Upon Procedures and Results
The Agreed-Upon Procedures and results are as follows:
1. Gain an understanding of the Grantee’s internal controls and accounting system; and determine if the accounting system can record, accumulate, and report project costs.
Results:
MAS gained an understanding of the City of Huntington Park’s internal controls and accounting system, and determined that the accounting system can record, accumulate, and report project costs.
2. Determine total project cost subject to evaluation, by cost element, for the period being evaluated and validate that the billed incurred costs reconcile to Metro’s Financial Information System (FIS) payment distributions.
Results:
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
The City of Huntington Park claimed total project costs of $4,261,004 incurred from the Letter of No Prejudice date of December 17, 2010 through the FA lapsing date of February 28, 2019 for FA.P003609:
The City of Huntington Park billed incurred costs of $2,676,000 reconciled to Metro’s Financial Information System (FIS) payment distributions.
3. Determine total allowable project cost, Metro’s share of the allowable project cost, any over/under payment amount by Metro, any remaining FA balance, and any project cost savings for potential de-obligation. The determination should be performed through a riskbased evaluation of incurred costs including as applicable, direct labor costs, other direct costs including construction and consultant costs, and indirect costs, to determine allowability, allocability, and reasonableness of the costs incurred in accordance with Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 200, whichever is applicable; and whether the cost is in compliance with the provisions of the FA.
Results:
MAS found total allowable project costs of $2,350,407, which is total incurred project costs of $4,261,004 less the cost differences of $1,910,597. Metro's share of total allowable project costs is $1,612,380 or 68.6 percent (%) per the FA budget allocation percentages.
The cost differences of $1,910,597 consist of the following:
1) $751,104 due to the City being unable to provide procurement supporting documents showing that the scope and specifications of the construction work performed by Alfaro Communication Construction, Inc., were for this project. In addition, no Amount
$ 3,035,351
794,621
111,450
239,534
80,048
$ 4,261,004
Construction
Description
Consultant
Materials
Miscellaneous
City employees' labor costs
Total
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
executed change orders totaling $149,694 were provided to support the justification and nature of the additional work performed for the project. 2) $460,968 due to the City being unable to provide procurement supporting documents for Interlog HYM justifying the difference of $1,201,524 between the City Council’s approved original contract amount of $2,528,987 and the executed contract amount of $3,730,511. The $460,968 cost difference is the difference between the City’s incurred costs of $2,284,248 and the City Council’s approved amount of $1,823,280 including all the change orders. The cost difference also included $3,952 of unsupported expenditures due to a missing invoice and payment approval. 3) $427,332 due to the City being unable to provide procurement supporting documents for Primestor Development such as a published notice of invitation for bid, proposal evaluation criteria, proposal evaluation and executed agreement showing the City’s compliance with its procurement policy to select 'the best possible service to the City for the best value." The cost difference also includes i) $45,000 of the amended amount without an executed amendment and supporting documents stating the nature and scope of the additional work; and ii) $185,095 due to the City being unable to provide billing details and supporting documents such as timesheets, nature of services rendered, and sub-consultants' invoices.
4) $240,248 due to the City being unable to provide other supporting documents such as:
a. $145,000 incurred by Transtech Engineers and $20,314 incurred by Big Belly Solar, Inc. had a missing invoice and payment approval; b. $67,863 of material costs incurred by 'various' vendors without supporting documents such as contracts, invoices and cancelled checks; and c. $7,071 incurred by AIM Consulting had missing supporting documents for Labor Compliance charges and an executed agreement showing the agreed 10% markup on sub-consultants’ charges.
5) $30,945 of operating expenditures prepaid by the City to Big Belly Solar, Inc. for a 4- year software license fee which is outside of the FA scope of work.
The City of Huntington Park billed Metro $2,676,000, of which Metro paid $2,542,200 and retained $133,800.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
With Metro’s allowable project costs of $1,612,380 and Metro’s payments of $2,542,200, an overpayment balance of $929,820 is due to Metro. Total balance remaining of this FA is $1,063,620 of the budgeted $2,676,000 after consideration is taken for the aforementioned allowable costs.
City of Huntington Park Management’s Response:
The City of Huntington Park had no comment (See Appendix B for full details).
Metro Management’s Response – Project Manager
Metro Project Manager accepted the report (See Appendix C for full details). (See Appendix A, Summary of Project Funding and Expenditures) Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Background
Background
On February 10, 2014 Metro authorized a grant of $2,676,000 in Local Transportation Funds (LTF) to the City of Huntington Park, on a cost reimbursement basis, under Funding Agreement (FA) P00F3609 for the Pacific Boulevard Pedestrian Improvement Project.
Prior to executing the FA, Metro issued a Letter of No Prejudice on December 17, 2010, agreeing that the City could spend its local funds, up to $1,224,874, which would be considered as local match expenditures for the project.
There were three amendments to the original FA. Amendments 2 and 3 extended the FA lapsing date resulting in the final lapsing date of February 28, 2019.
The project is located in Huntington Park on Pacific Boulevard, between Slauson Avenue and Florence Avenue. The project consists of general pedestrian improvements at various locations along the 4,000 LF commercial downtown area. Improvements consist of pedestrian furnishings:
70 benches and trash receptacles, 14 bus shelters and signage, share structures, bike racks, 16 planters, traffic signals improvements for increased pedestrian safety, 14 decorative pedestrian lighting, 10 pedestrian crossings, 18 wayfinding signage and a gateway entrance sign, and landscaping to increase pedestrian safety and improve the overall pedestrian experience.
There was no interim audit performed for this project.
Objective
The objective is to perform an Agreed-Upon Procedures attestation engagement, as agreed to by Metro’s Planning department management, and to report the results. These procedures are to assist in evaluating the incurred project costs for the FA and to determine compliance with the terms and conditions of the FA.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Scope
The scope of this Agreed-Upon Procedures engagement for FA.P00F3609 between Metro and the City of Huntington Park covers the period from the Letter of No Prejudice date of December 17, 2010 through the FA lapsing date of February 28, 2019.
Compliance Statement
We were engaged by Planning department management to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants, applicable Government Auditing Standards issued by the Comptroller General of the United States, and the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors. Those standards require that we plan and perform the engagement to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and results based on our objectives. Management Audit Services (MAS) was not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively on the City of Huntington Park’s claimed project costs for FA.P003609. Accordingly, MAS does not express such an opinion or conclusion. Had MAS performed additional procedures, other matters might have come to MAS’ attention that would have been reported.
MAS is required to be independent of the City of Huntington Park and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
Methodology
The methodology is based upon the Agreed-Upon Procedures which includes the following:
MAS vouched the project costs claimed by the City of Huntington Park to supporting documentation such as vendor invoices, cancelled checks, contracts, and other documents to validate the costs. MAS reviewed these costs for allowability in accordance with applicable cost standards and compliance with the terms and conditions of the FA.
In addition, MAS reviewed whether the contractor and consultant who worked for the project were selected in accordance with the City of Huntington’s Purchasing Ordinance Procedures.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
MAS reviewed Metro’s internal accounting and grant records to determine if the amount claimed for reimbursement, as represented by the invoices submitted by the City of Huntington Park, was actually paid. MAS also reconciled total claimed costs to Metro’s Financial Information System (FIS) payment records.
MAS determined that the data provided during the agreed-upon procedures engagement was sufficiently reliable for the purposes of this report. MAS assessed the reliability of the data provided to us by reviewing the following:
1. The City of Huntington Park’s responses to MAS’ internal control questionnaire;
2. The City of Huntington Park’s Consolidated Audit Reports for the fiscal years ended June 30, 2017 and June 30, 2018, issued by Vasquez & Company LLP, an independent CPA Firm; and
3. MAS’ fieldwork performed during the engagement.
To assess the reliability of the work performed by the independent CPA firm, which MAS relied on for the audit report:
• MAS verified that Vasquez & Company LLP‘s CPA license status is clear; and • MAS reviewed Vasquez & Company LLP’s peer review report and confirmed that they had received a passing rating.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Other Matters
This report is intended solely for the information and use of Metro’s Planning department management and is not intended to be and should not be used by anyone other than these specified parties.
Should you have any questions, please contact Fumi Sotozono, Audit manager, at [email protected] or 213-922-4133.
Lauren Choi
Senior Director, Audit
Management Audit Services
September 2024
Los Angeles County Metropolitan Transportation Authority Audit Team: Fumi Sotozono
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Appendices
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Appendix A – Summary of Project Funding and Expenditures From the Letter of No Prejudice date of December 17, 2010 through the FA lapsing date of February 28, 2019:
Explanatory Note to Appendix A:
Note 1
The cost differences of $1,910,597 consist of the following:
1) $751,104 due to the City being unable to provide procurement supporting documents showing that the scope and specifications of the construction work performed by Alfaro Communication Construction, Inc., were for this project. In addition, no executed change orders totaling $149,694 were provided to support the justification and nature of the additional work performed for the project.
A B C D E = C + D F G H I = G - F J = A - F
Funding Source Funding Budget
Amount Allocation % Incurred Project Cost Cost Difference Allowable Project Cost Metro Share =
Lesser of A or E Payments
Metro's
Retention
Over/(Under)
Payment
FA Remaining
Balance
Metro Program Funding: Note 1 Note 2 Note 3
Local Transportation Funds $ 2,676,000 68.60% $ 2,923,049 $ (1,310,669) $ 1,612,380 $ 1,612,380 $ 2,542,200 $ 133,800 $ 929,820 $ 1,063,620 Grantee Funding:
Measure R Local Return 1,005,000 25.76% 1,097,782 (492,236) 605,546 N/A N/A N/A N/A N/A TDA Article III 29,874 0.77% 32,632 (14,632) 18,000 N/A N/A N/A N/A N/A AB2766 Subvention Funds In-Kind - Project 100,000 2.56% 109,232 (48,979) 60,253 N/A N/A N/A N/A N/A Management 90,000 2.31% 98,309 (44,081) 54,228 N/A N/A N/A N/A N/A Total $ 3,900,874 100.00% $ 4,261,004 $ (1,910,597) $ 2,350,407 N/A N/A N/A N/A N/A Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
2) $460,968 due to the City being unable to provide procurement supporting documents for Interlog HYM justifying the difference of $1,201,524 between the City Council’s approved original contract amount of $2,528,987 and the executed contract amount of $3,730,511. The $460,968 cost difference is the difference between the City’s incurred costs of $2,284,248 and the City Council’s approved amount of $1,823,280 including all the change orders. The cost difference also included $3,952 of unsupported expenditures due to a missing invoice and payment approval. 3) $427,332 due to the City being unable to provide procurement supporting documents for Primestor Development such as a published notice of invitation for bid, proposal evaluation criteria, proposal evaluation and executed agreement showing the City’s compliance with its procurement policy to select 'the best possible service to the City for the best value." The cost difference also includes i) $45,000 of the amended amount without an executed amendment and supporting documents stating the nature and scope of the additional work; and ii) $185,095 due to the City being unable to provide billing details and supporting documents such as timesheets, nature of services rendered, and sub-consultants' invoices 4) $240,248 due to the City being unable to provide other supporting documents such as:
a. $145,000 incurred by Transtech Engineers and $20,314 incurred by Big Belly Solar, Inc. had a missing invoice and payment approval;
b. $67,863 of material costs incurred by 'various' vendors without supporting documents such as contracts, invoices and cancelled checks; and
c. $7,071 incurred by AIM Consulting had missing supporting documents for Labor Compliance charges and executed agreement showing the agreed 10% markup on sub-consultants’ charges. 5) $30,945 of operating expenditures prepaid by the City to Big Belly Solar, Inc. for a 4-year software license fee which is outside of the FA scope of work.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Note 2
The overpayment of $929,820 is the difference between Metro's payments of $2,542,200 and Metro's share of allowable project costs of $1,612,380.
Note 3
The FA remaining balance is the difference between Metro's share of funding budget of $2,676,000 and Metro's share of allowable project costs of $1,612,380.
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Appendix B – City of Huntington Park Management’s
Response
Independent Auditor's Agreed-Upon Procedures Report for the 23-PLN-A10 City of Huntington Park’s Close-out Incurred Costs of
Pacific Boulevard Pedestrian Improvement Project
FA.P00F3609
Appendix C – Metro Management’s Response – Project
Manager
Metropolitan
Transportation
Authority
One Gateway Plaza
Los Angeles, CA 90012
Ship To:
REMIT TO:
LACMTA FILE# 54924-0
LOS ANGELES CA 90074-4924
Invoice
NUMBER
800092178
DATE
01-AUG-25
PAGE
PURCHASE ORDER NUMBER
Bill To
Attn: Accounts Payable
CITY OF HUNTINGTON PARK
JEFF JONES, DIRECTOR OF FINANCE
6550 MILES AVENUE #127
HUNTINGTON PARK CA 90255
OUR REFERENCE
SALES ORDER NUMBER
CUSTOMER NUMBER
MX138565
LOCATION NUMBER
99999 NEW LOCATI
TERMS
30 NET
DUE DATE
31-AUG-25
SALESPERSON CUSTOMER CONTACT SHIP DATE SHIP VIA SHIPPING REFERENCE ITEM Invoice QTY ORDERED QTY INVOICED UNIT PRICE EXTENDED AMOUNT 1 2025-0307 FA.P00F36009 AUDIT RESOLUTION 1 1 315,093.31 315,093.31 2 Project Name: Pacific Boulevard Pedestrian Improvement Project 0 0 0.00 0.00 3 Funding Agreement #: FA.P00F3609 0 0 0.00 0.00
4 PO# (City's payment should be paid back to the PO):
920000000F3609 0 0 0.00 0.00
SPECIAL INSTRUCTIONS SUBTOTAL TAX SHIPPING/HANDLING TOTAL 315,093.31 0.00 0.00 315,093.31
Currency: USD
ATTACHMENT "C"
PUBLIC HEARING(S)
ITEM 1
CITY OF HUNTINGTON PARK
Office of the City Manager
City Council Agenda Report
November 12, 2025
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 OF RESOLUTION INITIATING THE PROCESS
OF ESTABLISHING COUNCIL DISTRICT AREAS AND ELECTIONS BY-DISTRICT AREAS
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Conducted the required public hearings as outlined in Elections Code 10010, soliciting input from the residents of the City of Huntington Park.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The Federal Voting Rights Act of 1965 (“FVRA”) and the California Voting Rights Act (“CVRA”) set forth specific criteria for how elections are to be held when a potential for voter disenfranchisement exists. The FVRA and CVRA differ in that the CVRA is much more plaintiff friendly and has allowed numerous legal challenges to the at-large election system that had been employed by most public agencies and special districts. To date, no public agency has overcome a legal challenge brought under the CVRA and many millions of dollars have been paid out in judgments and settlements when these lawsuits are brought.
The process of transitioning from an at-large election system to a by-district election system is covered in Elections Code 10010. In essence, the City will be required to hold two (2) public hearings prior to the release of draft maps of the Council districts. Those first two public hearings must occur within 30 days of each other.
After the initial two public hearings, draft maps of the Council districts will be published, and the Council will be required to hold an additional two (2) public hearings where it will solicit further input from the community. These additional two public hearings must occur with 45 days of each other.
CONSIDERATION AND APPROVAL OF RESOLUTION NO. 2025-XX INITIATING THE PROCESS OF ESTABLISHING COUNCIL DISTRICT AREAS AND ELECTIONS BYDISTRICT AREAS November 12, 2025
Once the four (4) public hearings have been held, the City Council will be able to vote on a district map which will be used in the 2026 election of City Council members. The final map will also have a proposed election sequence whereby specific districts will be assigned to either the 2026 election or the 2028 election.
FISCAL IMPACT/FINANCING
Demographer services are not to exceed $50,000. No additional fiscal impact is anticipated.
Respectfully submitted,
RICARDO REYES
City Manager
ATTACHMENT(S)
None
ITEM 2
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
November 12, 2025
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:
FIRST READING OF ORDINANCE NO. 2025-14 AMENDING CHAPTER 21 OF TITLE 8 OF THE CITY OF HUNTINGTON PARK MUNICIPAL CODE
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Conduct a public hearing regarding Ordinance No. 2025-14 and take public testimony; and
2. Approve the amendments to Chapter 21 of Title 8 of the City of Huntington Park Municipal Code.
BACKGROUND
Rent stabilization and tenant protection ordinances have existed at the local level in some California cities since the 1970’s. Prior to existing law, local governments were able to enact such ordinances with few constraints specifically imposed by state law. In 1995, however, the Costa-Hawkins Rental Housing Act (1995) (the “Costa-Hawkins Act”) introduced three significant limitations. First, it exempted certain types of rental units from local rental stabilization (most notably single-family homes and condominiums). Second, it exempted units built after the February 1, 1995, effective date of the Costa-Hawkins Act. Third, it prohibited “vacancy control”—referring to regulations aimed at curbing the amount a landlord may charge for a new lease of a vacant unit. Under the Costa-Hawkins Act, a landlord is not restricted in the amount of rent charged in a new lease.
On January 1, 2020, rent stabilization and tenant eviction protections became state law and tool effect with the enactment of the Tenant Protections Act. The Tenant Protection Act includes significant provisions, including but not limited to the following:
• Application to units that are more than 15 years old; • Application to single-family homes and condominiums if those units are owned by a real estate trust or corporation;
RENT STABALIZATION ORDINANCE (AMENDMENT)
November 12, 2025
• Establishes a ceiling or cap on rent increases in a 12-month period of 5% plus inflation –a local Consumer Price Index (“CPI”) not to exceed 10%; • It codifies definitions of “at-fault” and “no-fault” evictions and establishes that when a tenant is evicted under a “no fault” cause, the tenant shall receive compensation equivalent to one (1) month’s rent; • Establishes that the Tenant Protection Act sunsets on January 1, 2030; and • Requires no local enforcement, and disputes are be resolved among the parties through the legal system.
Cities in California can no longer adopt full rent control, which would regulate the amount of initial rent, due to the Costa-Hawkins Act. Instead, cities which choose to act, must focus on rent stabilization which protects tenants during the tenancies by limiting how much the rent may be increased each year.
On November 4, 2024, the City Council approved the Rent Stabilization Ordinance which aims to address housing affordability and promote tenant stability while ensuring landlords receive a fair return on their investments.
Summary of the Rent Stabilization Ordinance:
• Exceptions for those properties protected under state and/or federal law, including units, spaces and residents covered under mobile home state laws. • Rent caps set at 3% per year or CPI, whichever is lower, with one increase allowed every 12 months.
• Capital improvement pass-throughs, allowing landlords to recover 50% of approved improvement costs over a minimum of five years. • Just-cause or “at-fault” eviction protections, requiring landlords to provide a valid reason, notice, and an opportunity to tenants to cure alleged violations. • Allows for “no-fault” evictions with buyout offers/options protecting tenants by providing them with proper notice, ability to reject offers and offers two months’ rent as relocation assistance.
• Security deposit limits in accordance with Section 1950.5 of the Civil Code. • Mandatory annual registration of rental units to ensure compliance and accurate data collection.
• Enforcement mechanisms, including the ability of the City to issue administrative citations, civil and criminal penalties of up to $1,000 per violation. • Establishment of an appeal and hearing process for final decisions made by the City, including the process of designating of an impartial hearing officer. • Ability for Landlords and Tenants to seek administrative and judicial review for any alleged violation of the Chapter.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTIONS
On December 16, 2024, the City entered into a Professional Service Agreement with Cohn Reznick LLP to provide Rent Stabilization Ordinance Program Management and Oversight Services. As part of their scope of work the consultant developed guidelines,
RENT STABALIZATION ORDINANCE (AMENDMENT)
November 12, 2025
coordinated with the software developer 3Di Systems and issued the first notification to landlords between February 3rd and February 11th, advising them of the registration process in accordance with the requirements of the adopted ordinance.
According to the City’s registry there are a total of 7,625 properties in the system. There are currently 597 properties with a “Registration Completed” status. There are currently 6,516 properties listed with a “Registration Open” status.
Other registration statuses include:
o Pending Staff Review (Unit or Property Exemption under review): 119 o Property Exempt (Exemption approved): 313
o Unit Discrepancy (Units submitted do not match Assessor’s count): 80 The purpose of the proposed amendment to the Rent Stabilization Ordinance is to clarify and refine several provisions that have proven to be ambiguous or open to inconsistent interpretation since the ordinance’s adoption. Staff have identified areas where the language lacked precision or left room for concrete interpretation, particularly in the following sections:
§ 8-21.2 Applicability and exemptions.
§ 8-21.3 Permissible Rent increases.
§ 8-21.4 Capital improvement pass-throughs.
§ 8-21.5 Landlord application for rent adjustment.
§ 8-21.6 Security deposits.
§ 8-21.8 Tenant petition for rent adjustments.
§ 8-21.9 Rental unit registration
The intent of this amendment is not to alter the fundamental policy goals or protections embodied in the Rent Stabilization Ordinance, but rather to ensure that its application is transparent, predictable, and equitable for all parties involved. Clarifying these sections will strengthen the ordinance’s enforceability, streamline administrative processes, and support consistent implementation in alignment with Council’s original policy direction.
The proposed revisions were developed through a review of case applications, stakeholder input, and best practices to ensure the updated language reflects both legal clarity and practical administration.
Upon approval of the amendments to the ordinance, city staff will work on establishing a plan to issue the second round of notices to landlords. This notice will serve as a notice of violation for failure to register and/or file an exemption as required by the City’s Rent Stabilization and Tenant Protections Ordinance (HPMC Title 9, Chapter 4, Article 21), which became effective on December 19, 2024.
Lastly, § 8-21.7 – Termination of Tenancy, now also includes an eviction moratorium for unpaid rent. The amount of unpaid rent that triggers a Just Cause Eviction must now exceed one (1) full month’s rent.
RENT STABALIZATION ORDINANCE (AMENDMENT)
November 12, 2025
LEGAL REQUIREMENT
The proposed ordinance complies with current state laws, including the Costa-Hawkins Rental Housing Act and the Ellis Act. The proposed ordinance updates have been reviewed by the City Attorney’s Office to ensure legal compliance.
FISCAL IMPACT/FINANCING
Funding for the implementation and administration of the rent stabilization program will be refined through a comprehensive fee study. The program will be self-sustained by revenues generated from the landlord registry fee, ensuring that operational costs are covered without additional financial burden on the city’s general fund.
CONCLUSION
Upon City Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
LOUIS MORALES, Director
Community Development Department
ATTACHMENTS:
A. Ordinance 2025-14 amending chapter 21 of title 8 of the city of Huntington Park municipal code
ORDINANCE NO. 2025-14
An ordinance of the City Council of the City of Huntington Park amending Title 8, Chapter 21, entitled Rent Stabilization, of the Huntington Park Municipal Code.
THE PEOPLE OF THE CITY OF HUNTINGTON PARK
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 21 of Title 8 of the Huntington Park Municipal Code is hereby amended and shall read as follows:
CHAPTER 21 RENT STABILIZATION
§ 8-21.0 Intent and Purpose.
The City Council of the City of Huntington Park finds:
(a) The continued rise in rental rate has contributed to a housing affordability crisis, with the majority of renters in Huntington Park being “rent-burdened,” paying over 30% of their income towards rent.
(b) A significant percentage of residents face difficulty maintaining affordable, stable and adequate housing.
(c) The purpose of these provisions is to promote long-term stability in the rental market by limiting unreasonable rent increases while allowing landlords a fair and reasonable return on investment. This Chapter establishes guidelines for permissible rent increases, the application process for rent adjustments, and protections for both tenant and landlords. § 8-21.1 Definitions.
“Capital Improvement” shall mean significant additions or upgrades that materially extend the life of the property, distinct from routine maintenance or repairs covered by insurance.
"City” refers to the City of Huntington Park.
“Covered Rental Unit” shall mean any residential unit rented to tenants unless explicitly exempt pursuant to Section 8-21.2 (Applicability and exemptions). “Department” means the Community Development Department of the City of Huntington Park, or other department designated by the city council to administer the provisions of this chapter.
ATTACHMENT “A”
“Director” means the Director of Community Development of the City of Huntington Park or designee.
“Landlord” shall mean any property owner or any other person legally entitled to offer any rental unit for rent or entitled to received collect rent for the use and occupancy of a rental unit.
“Rent” shall mean the amount paid by a Tenant for the use of a rental unit, including access to housing services.
“Rental Agreement” shall refer to an agreement between a landlord and a tenant for the use or occupancy of a rental unit.
“Rent Ceiling” refers to the maximum allowable rent which a landlord may charge on any controlled rental unit.
“Rental Unit” shall refer to any dwelling unit as defined under California Civil Code Section 1940(c), located in the jurisdictional boundaries of the City of Huntington Park and that is used or occupied for human habitation in consideration of payment of rent.
“Tenant” shall mean any individual who leases a rental unit from a Landlord. This includes but is not limited to a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental agreement to the occupancy of a rental unit.
§ 8-21.2 Applicability and Exemptions.
(a) This Chapter shall not apply to any residential units expressly exempt pursuant to any provision of state of federal law, and those specifically exempt as follows:
(1) Any rental unit that has a certificate of occupancy or equivalent permit for residential occupancy issued or issued final after February 1, 1995. For this purpose, certificate of occupancy is the certificate first issued before the property is used for any residential purpose. (2) Any rental unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums, and townhomes.
(3) Any rental unit, space, or resident covered under the provisions of the state Mobilehome Residency Law, Civil Code section 798, et seq., as applicable.
(4) Any rental unit that is a subdivided interest in a subdivision, as specified in California Business and Professions Code section 11004.5(b), (d), and (t).
(5) Any rental unit for which the Landlord receives federal, state, or local housing subsidies, including, but not limited to federal housing assistance vouches issued under Section 8 of the United States Housing act of 1937 (42 U.S.C Sec. 1437f).
(6) Residential real property containing no more than two rental units in which the owner occupies one of the units as the owner’s principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy. For purposes of this subsection:
(i) The term “owner” means a natural person who owns at least a 25 percent ownership interest in the residential real property.
(ii) An exemption under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence. It shall be the owner’s responsibility to inform the Department of the change in occupancy and enroll the rental unit in the City’s Covered Rental Unit registry as required by this Chapter within 6 months of the change in owner occupancy.
(b) Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing an application with the Department in a form approved by the City.
§ 8-21.3. Permissible Rent Increases.
(a) Annual Rent Cap. Rent increases on covered rental units are capped at 3% per year or 100% of the Consumer Price Index (CPI) for the Los AngelesLong Beach-Anaheim region, whichever is lower. (b) Frequency. Rent on covered rental units may only be increased once during a 12-month period.
(c) Initial Rent Ceiling. Landlords may set market rent when a rental unit becomes vacant, but subsequent rent increases must follow the annual rent cap guidelines.
(d) No Banking of Increases. Landlords may not bank unused rent increases from previous years for future use. This chapter will be enforceable prospectively.
§ 8-21.4 Capital Improvement Pass-Throughs.
(a) 50% Pass-Through. Landlords may pass through 50% of capital improvement costs to tenants in covered rental units provided:
(1) The improvement benefits tenants directly, such as upgrades in plumbing, roofing, central air conditioning and heating, mini-spilt units that provide heating and/or air conditioning systems. (2) Costs are amortized over a minimum period of 5 years for affected or current tenants.
(3) Capital improvements cannot include regular maintenance or repairs from wear and tear, repairs covered by homeowner’s insurance or be the result of landlord’s failure to perform regular maintenance. (4) Landlords notify tenants at least 30 days in advance and provide detailed documentation on cost, which must be approved by the Community Development Director.
(5) Approval Required: The Department must approve any capital improvement pass-throughs before they can be passed to tenants. (6) Application Process: The landlord must apply to the Department of Community Development for recovery of capital improvement costs, on a required form approved by the Department, within 6 months of completing the capital improvement.
§ 8-21.5 Landlord Application for Rent Adjustment.
(a) Fair Return. If a landlord believes that the permissible rent increase under Section 4 prevents them from receiving a fair and reasonable market return on investment as determined by the Community Development Director on a covered rental unit, they may file an application for a rent adjustment with the Community Development Department. The Landlord must submit all expenses including mortgage loan payments, taxes, utilities, insurance, photographs and other miscellaneous expenses as determined by the Community Development Director
(b) Criteria for Adjustment. The landlord must provide detailed financial records demonstrating that the rent limitations are causing a net operating income to fall below acceptable market levels as determined by the Community Development Director.
(c) Review and Approval of Application for Rent Adjustment. The Community Development Department shall consider the following factors as well as any other relevant factors in reviewing the application and making its determination:
(1) The landlord’s income and expenses relative to the covered rental property's net operating income.
(2) Changes in property taxes to be paid by a landlord. (3) Changes in the CPI.
(4) The history of any prior hearings of determinations on an application for a rent adjustment by a landlord.
(5) The addition of capital improvements on a rental property. (6) The need for repairs caused by circumstances other than ordinary wear and tear.
(d) Tenant Notice. Landlords must provide at least 30 days’ notice to tenants of any approved rent increase beyond the cap. The landlord must provide notice to tenant via personal service or certified mail return receipt requested.
§ 8-21.6 Security Deposits.
(a) Until July 1, 2024, Section 1950.5 of the California Civil Code limited the amount of security deposits to two times the monthly rent for unfurnished units or three months’ rent for furnished units.
(b) After July 1, 2024, the law limits security deposits to one month’s rent. For landlords who own no more than two residential rental properties that collectively include no more than four total units for rent, the limit is two times the monthly rent, but only if the landlord is a natural person or a limited liability company in which all members are natural persons. § 8-21.7 Termination of Tenancy: Just Cause; No-Fault; Relocation Assistance; and Buyout Offers and Notices.
(a) Just Cause Evictions. Landlords may only evict tenants for specific reasons, including:
(1) Nonpayment of rent; unpaid rent must exceed one (1) full month of the tenant’s contract rent.
(2) Material breach of the lease.
(3) Illegal activities or property damage.
(4) Assigning or subletting the premises in violation of the Tenant’s lease.
(b) Notice to Cure Just Cause Evictions. Before a Landlord issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day (3-day) notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. (c) No-Fault Evictions. Includes any of the following:
(1) Landlord’s intent to occupy the Covered Rental Unit by the Landlord or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(i) If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any
relocation assistance that was paid to the tenant in connection with the written notice.
(2) Withdrawal of the Covered Residential Unit from the rental market for an anticipated period of at least 24 months, as affirmed by the Landlord in a written affidavit submitted to the City. Landlord must withdraw all units on the property.
(3) The Landlord complying with any of the following: (i) an order issued by a government agency or court relating to the habitability that necessitates vacating the Covered Rental Unit; (ii) an order issued by a governmental agency to vacate the Covered Residential Unit; or (iii) a local ordinance that necessitates vacating the Covered Residential Unit.
(4) Intent to demolish or to substantially remodel the Covered Residential Unit as determined by the Community Development Director. The demolition and/or substantial remodel will require the submitted improvement plans.
(d) Relocation Assistance. For termination for no-fault termination, the Landlord must either: (i) provide relocation assistance equivalent to two (2) months’ rent for no-fault eviction due to reasons; or (ii) waive in writing the payment of Rent for the final two (2) months of the Tenancy, prior to the Rent becoming due.
(1) If a Landlord issues a notice to terminate a Tenancy for no-fault, the Landlord shall notify the Tenant of the Tenant’s right to relocation assistance or Rent waiver, and all other rights pursuant to this Section.
(e) Just Cause or No Fault Termination. When terminating a Tenancy either for just cause or no-fault, a Landlord must comply with all of the following:
(1) The Landlord must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Landlord will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in this section; (2) The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Covered Rental Unit beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5;
(3) The Landlord qualifies the termination as at-fault or no-fault just cause, as specified in this section;
(4) The Landlord has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant, through the City’s Rental Registry. The Landlord shall maintain proof of service to the City as evidence that the Landlord has complied with this section; and
(5) The Landlord must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the tenancy, in addition to English.
(f) Buyout Offers and Notices. A Landlord must inform a Tenant of certain rights before offering any form of compensation in exchange for a Tenant’s agreement to voluntarily vacate a Covered Rental Unit. The information must be given in writing to each Tenant in a unit with respect to which buyout offer is made, on a City approved form. The Landlord must retain a copy of the form along with a record of when it was given to the Tenant for at least five (5) years after it is signed. The disclosures should include:
(1) The right to refuse the offer;
(2) The right for the Tenant to consult a lawyer;
(3) A 30-day right for the Tenant to rescind its acceptance of the Landlord’s buyout offer;
(4) A statement that the Tenant may visit the Department to compare its offer to other buyout offers in the Tenant’s neighborhood and other relevant information;
(5) The form must include a place for the Landlord to sign, together with a date of the Landlord’s signature, verifying that the required notice was provided to the Tenant, a place for the Tenant to sign, verifying that he or she received the notice;
(6) The form must include the amount of relocation fees required under paragraph (d) of Section 8-21.7; and
(7) Any other information deemed necessary by the Director. (g) Anti-Retaliation.
(1) Prohibition Against Retaliation. No landlord shall retaliate against a Tenant by raising Rent, reducing services, failing to perform necessary repairs, threatening eviction, or initiating eviction proceedings because the Tenant has exercised their legal rights under this Chapter, including, but not limited to:
(i) Reporting habitability concerns or violations to local authorities;
(ii) Joining or organizing tenant associations;
(iii) Participating in rent stabilization program;
(iv) Requesting repairs or maintenance;
(v) Filing complaints about rent increases or unsafe conditions; or
(vi) Exercising any other rights protected under local, state or federal law.
(2) Presumption of Retaliation. If a landlord takes any adverse action such as rent increases, eviction threats, or reductions in services, within 180 days of a tenant engaging in a protected activity, it shall be presumed that the landlord's actions are retaliatory. The landlord may rebut this presumption by providing clear and convincing evidence of a legitimate, non-retaliatory reason for the action. (3) Remedies for Retaliation. Tenants who are victims of retaliation are entitled to:
(i) Reinstatement of rental terms prior to the retaliation action (e.g., reversal of rent increase or restoration of services); (ii) Damages, including, but not limited to, emotional distress and relocation expenses, where applicable;
(iii) Civil penalties to deter further retaliatory actions; and (iv) Attorneys' fees and court costs, if successful in proving retaliation.
§ 8-21.8 Tenant Petition for Rent Adjustments.
(a) Petition Process. Tenants in a covered rental unit may file a petition on a city approved form with the Community Development Department if they believe a rent increase is not in compliance with this Chapter, is unjustified or if housing services have been reduced (e.g., decreased maintenance, utilities not provided).
(b) Tenant’s Burden of Proof. Tenants must provide evidence that the rent increase violates the ordinance or that services have been reduced. § 8-21.9 Rental Unit Registration.
(a) Rental Registry Required. No Landlord shall demand or accept rent for a Covered Rental Unit without first registering the Covered Rental Unit and serving on the Tenant or displaying in a conspicuous place, proof of registration. All rental units, exempt of non-exempt must be registered. Any and all action taken on a rental unit that is not registered will be null and void until the covered rental unit is registered as required. (b) Registration Process.
(1) Within 60 days after the effective date of this Chapter for the initial registration, and on or before December 30th of each subsequent year, a landlord must register with the Department each Rental Unit that is rented or available for rent for a term exceeding 30 consecutive days by filing a rental registration in a form approved by the City. The Landlord shall provide the Rent amount and Tenancy information for every Rental Unit on the rental registration form.
Registration is complete only when any and all fees under this Chapter have been paid and all of the following information is provided: ownership information; property information; year built; certificate of occupancy date or the date the final permit was issued by the City; the number of total Rental Units in the rental property; the number of bedrooms and bathrooms for each Rental Unit; Tenant information, including names and move-in dates; the amount of rent in effect at the time of registration and the date and amount of the last rent increase; and description of the housing services. (2) After the initial Rental Unit registration, the Landlord shall:
(i) Update the rental registration annually and submit requisite registration fee as determined and established by the City; (ii) Update the rental registration within 30 days of the start of a new tenancy; and
(iii) Update the rental registration if there is any subsequent change in the tenancy or ownership (i.e., change in ownership or management or change in owner’s or manager’s contact information).
(iv) It is the responsibility of the Landlord, Property Owner, and Seller to register the Rental Unit before the sale, and to update the rental registry with the new property owner information after the sale, in addition to disclosing the Rental Ordianance Requirements to the new seller before the sale is finalized. (3) A Landlord of a Rental Unit which is not registered with the City because of a claim of exemption, shall provide the City, on a form approved by the City and accompanied by supporting
documentation, a written declaration stating the facts upon which the Landlord bases a claim of exemption from this Chapter. If a Landlord fails to submit a written declaration and supporting documents by December 30, 2024, and December 30 of each year thereafter, the Rental Unit shall be deemed to be subject to the provisions of this Section. If a Landlord declares that the Rental Unit is not subject to the registration requirements of this Section because the Rental Unit is vacant, the Landlord shall provide a certification to the Department declaring that the Rental Unit is and shall remain vacant, and the Rental Unit shall be secured against unauthorized entry. (4) For every Rental Unit for which a Landlord is required to register pursuant to this Section, the Landlord shall post a notice in form provided by the City, providing information about this Chapter and the Department’s contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building(s) or units, or other similar location(s) as necessary to provide Tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City.
(5) Failure to Register. Landlords who fail to register their units may not enforce rent increases or evictions.
§ 8-21.10 Enforcement and Compliance.
(a) Penalties for Non-Compliance.
(1) Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter may be liable for a civil penalty not to exceed $1,000 for each violation. (2) Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both.
(3) Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
(b) Rent Increases Ineffective: Any rent increase imposed without following the proper registration or notice procedures is considered void. (c) Appeals Process: Tenants or landlords may appeal decisions made under this Chapter to a hearing officer within 30 days.
(d) The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penalties provided by applicable law.
§ 8-21.11 Administrative Review and Appeals.
(a) Administrative Review. The Director’s decision on a rent adjustment application, tenant petition for adjustment or a pass-through cost recovery application will be issued in a notice of decision.
(1) The Director shall review and evaluate applications pursuant to this Chapter and issue a notice of decision in accordance with adopted procedures and regulations.
(2) The Director may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.
(3) The Director’s decision may be appealed to a hearing officer in accordance with the following procedures as set forth herein. (b) Appeals Process. Parties may file an appeal and request a hearing with the City Clerk no later than 30 calendar days after the Director issues a notice of decision. Appeals will be heard by a hearing officer. If the filing deadline falls on a weekend, holiday, or other day when city hall is officially closed, the filing deadline will extend to the following city hall business day. (c) Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than 15 days and no later than 60 days after receipt of the request for appeal and proof of service, unless the hearing officer determines that good cause exists for an extension of time.
Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing. Within five calendar days of receipt of the notice of hearing, the appealing party shall deliver a copy of the notice to each affected tenant or landlord, as applicable, via personal service or certified mail return receipt requested. (d) Public Hearing. Appeals are conducted in a public hearing, and both parties may present evidence. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the department, and any other interested party. The hearing officer may continue the hearing and request additional information from the landlord or tenant before issuing a written decision. (e) Application and Materials. At an appeal hearing, the hearing officer shall consider only the administrative record that was the subject of the department’s final decision.
(f) Hearing Continuance. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause. The request must be made in writing and be received by the hearing officer at least 5 business days prior to the hearing date. If the Landlord is requesting an extension, the Landlord must personally deliver a copy of the request to the affected Tenant(s). If a Tenant is the party requesting an extension, the Tenant must personally deliver a copy of the request to the Landlord or Landlord’s agent. In no event shall the continuance be longer than 15 calendar days from the originally scheduled hearing date. (g) Decision and Notice. After the hearing, the hearing officer shall affirm, modify or reverse the decision and specify the reasons for its decision or refer the matter back to the Department for further review. (1) Decisions shall be rendered within 30 days of the close of the hearing.
(2) The hearing officer shall mail the hearing officer’s decision to the affected parties within 10 days after it is rendered.
(3) The decision of the hearing officer shall be final and not subject to further appeal.
(h) Final Decision. The decision of the hearing officer shall be final and not subject to further appeal.
(i) Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director’s decision under this Chapter, may seek judicial review in the court pursuant to Government Code section 53069.4 and/or Code of Civil Procedure sections 1094.5 and 1094.6.
(j) Hearing Officer. The City Manager shall establish procedures for the selection of a Hearing Officer. Hearing Officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the Hearing Officer be the Director. The compensation, if any, of the Hearing Officer shall be paid by the City. Compensation shall not be directly or indirectly conditioned upon whether or not decisions of the City are upheld by the Hearing Officer.
§ 8-21.12 Administrative Citations.
(a) Any Landlord or Tenant who violates any provisions of this Chapter, or Department’s procedures and guidelines, may be subject to an administrative citation and fine as provided for in Chapter 5 of Title 1 of the municipal code.
§ 8-21.13 Additional remedies.
(a) Tenant Legal Rights: Tenants may bring a civil lawsuit against Landlords for violations of this ordinance. Remedies may include injunctive relief, damages, and attorneys’ fees.
(b) Eviction Defense: A Tenant may use a Landlord’s failure to comply with the ordinance as a defense to eviction.
§ 8-21.14 Notices to tenants.
(a) Landlords must provide to each tenant, prior to, or at the time of agreeing to
The Department shall publish a form notice of tenant rights in English and any other frequently spoken languages.
(b) Landlords must provide the form notice in the following circumstances:
(1) When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement.
(2) When renewing a rental agreement.
§ 8.21.15 Implementation and Rulemaking.
(a) The City Manager and City Attorney shall take all necessary steps to implement this ordinance, including the creation of forms, public information, and administrative procedures.
SECTION 2. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
SECTION 3. This ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 4. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published or posted as prescribed by law.
APPROVED AND ADOPTED THIS ____ DAY OF NOVEMBER 2025.
_______________________________
Arturo Flores, Mayor
ATTEST:
______________________________
Eduardo Sarmiento, City Clerk
APPROVED AS TO FORM:
____________________________
Andrew Sarega, Acting City Attorney
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF HUNTINGTON PARK
I, Eduardo Sarmiento, City Clerk of the City of Huntington Park, County of Los Angeles, State of California, hereby certify that the foregoing Ordinance No. 2025-14 was introduced at a Special Meeting of the City Council of the City of Huntington Park on the 12th day of November 2025 and was adopted by the City Council of the City of Huntington Park, signed by the Mayor and attested by the City Clerk at the Regular City Council Meeting held on the 25th day of November 2025 and that said Ordinance was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Huntington Park, does hereby attest and certify that the foregoing Ordinance is a true, full and correct copy of an ordinance duly adopted at a meeting of said City 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. _____________________________ Dated:
Eduardo Sarmiento, City Clerk
ORDINANCES AND RESOLUTIONS
ITEM 1
CITY OF HUNTINGTON PARK
Community Development Department
City Council Agenda Report
November 12, 2025
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:
ADOPTION OF A RESOLUTION APPROVING FINAL TRACT MAP NO. 84285 FOR PROPERTY LOCATED AT 7040 NEWELL STREET.
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Adopt a resolution approving Final Tract Map No. 84285 for the creation of one (1) lot for condominium purposes on property located at 7040 Newell Street.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
At a regular meeting held on October 15, 2025, the City of Huntington Park Planning Commission approved a request by Salvador Polina / SP Homes Company LLC / 6166004023 Willowbrook LLC for PC Resolution No. 2025-03 (V) Variance, Case No. 2025-05 (DP) Development Permit, and Case No. 2025-01 (TTM) Tentative Tract Map for the construction of four (4) detached, condominium dwelling units and a Tentative Tract Map (TTM) for condominium purposes at 7040 Newell Street within the High Density Residential (R-H) Zone. As part of the Planning Commission’s approval of the project, the Applicant was required to sign and abide by the Conditions of Approval as stipulated in PC Resolution No. 2025-03 (V) Variance, Case No. 2025-05 (DP) Development Permit, and Case No. 2025-01 (TTM) Tentative Tract Map, and file a Tentative Tract Map for condominium purposes for the creation of one (1) lot with four (4) condominium dwelling units, whereby the owners of the units of air space will hold an undivided one-fourth (1/4) interest in the common areas managed by a homeowner’s association that will, in turn, provide the necessary access and utility easements for the units associated with the development. As such, the Applicant, is now requesting City Council approval for Final Tract Map No. 84285 to create one (1) lot with four (4) condominium dwelling units of airspace with common areas managed by a homeowner’s association.
FISCAL IMPACT/FINANCING
The Applicant has paid all applicable application and notification fees. Approval of the proposed resolution will not have an impact on the City’s General Fund.
RESOLUTION APPROVING FINAL TRACT MAP NO. 84285 FOR PROPERTY LOCATED AT 7040 NEWELL STREET
November 12, 2025
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
Pursuant to the California Subdivision Map Act and Huntington Park Municipal Code (HPMC) Sections 10-3.104 and 10-5.107, all final maps shall be approved by the City Council.
The four (4) detached, condominiums required the creation of one (1) lot to allow for the development of the residential condominium dwelling units with common areas managed by a homeowner’s association. The creation of the land will comprise of four (4) separate interests in a condominium unit, together with an undivided one-fourth (1/4) interest as tenants-in-common in the common areas managed by a homeowner’s association, and all easements appurtenant thereto. Approval of the Final Tract Map is necessary to finalize permits for the construction already in progress. By approving the Final Map, all Conditions of Approval will be in compliance as stipulated in the Conditions of Approval set forth in the previously approved PC Resolution No. 2025-03 (V) Variance, Case No. 2025-05 (DP) Development Permit, and Case No. 2025-01 (TTM) Tentative Tract Map for the project. As proposed, the Final Tract Map complies with the City’s zoning regulations and is consistent with the General Plan. In addition, the City’s Engineering Division and Building & Safety Division have reviewed and cleared the Final Map for consistency with the California Subdivision Map Act. If approved by the City Council, the next step will be to record the Final Tract Map with the County of Los Angeles.
CONCLUSION
Community Development Department Staff recommends that the City Council adopt the proposed resolution approving Final Tract Map No. 84285 for the creation of one (1) lot for condominium purposes on property located at 7040 Newell Street.
Upon the Council’s direction, staff will proceed with actions as directed.
Respectfully submitted,
RICARDO REYES
City Manager
LOUIS MORALES, Director
Community Development Department
RESOLUTION APPROVING FINAL TRACT MAP NO. 84285 FOR PROPERTY LOCATED AT 7040 NEWELL STREET
November 12, 2025
ATTACHMENT(S):
1. City Council Resolution
2. Planning Commission Resolution No. 2025-03 (V) Variance, Case No. 2025-05 (DP) Development Permit, and Case No. 2025-01 (TTM) Tentative Tract Map
3. Final Tract Map No. 84285
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28 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK APPROVING FINAL TRACT MAP NO. 84285 FOR PROPERTY LOCATED AT 7040 NEWELL STREET.
WHEREAS, the City Land Surveyor and City Engineer have reviewed Final Tract Map No. 84285 and have found it to be both accurate and substantially in conformance with the California Subdivision Map Act and the Huntington Park Municipal Code; and WHEREAS, the Applicant, Salvador Polina / SP Homes Company LLC / 6166004023 Willowbrook LLC, acquired the subject site for the purposes of developing four (4) detached, condominium dwelling units, whereby the owners of the units of air space will hold an undivided one-fourth (1/4) interest in the common areas managed by a homeowner’s association that will, in turn, provide the necessary access and utility easements for the units; and
WHEREAS, pursuant to California Subdivision Map Act and Huntington Park Municipal Code (HPMC) Sections 10-3.104 and 10-5.107, all final maps shall be approved by the City Council; and
WHEREAS, Final Tract Map No. 84285 was presented to City Council for review and approval on November 12, 2025.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON PARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: The City Council hereby finds that Final Tract Map No. 84285 meets all the requirements of the Huntington Park Municipal Code and California Subdivision Map Act.
SECTION 2: The City Council further finds that Final Tract Map No. 84285 is consistent with the Huntington Park General Plan.
SECTION 3: The City Council hereby approves and adopts Final Tract Map No.
ATTACHMENT “1”
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28 84285 and does order said map to be filed with the Los Angeles County Recorder’s Office.
SECTION 4: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City of Huntington Park this 12th day of November, 2025.
Arturo Flores, Mayor
ATTEST:
Eduardo Sarmiento, City Clerk
ATTACHMENT "2"
ATTACHMENT "3"
ITEM 2
CITY OF HUNTINGTON PARK
Department of Communications and Community Relations
City Council Agenda Report
Use color seal
November 12, 2025
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 OF A RESOLUTION TO WAIVE FEES
ASSOCIATED WITH STAFF COSTS FOR STREET CLOSURES FOR THE ALLIANCE
COLLINS FAMILY HIGH SCHOOL BIKE MEMORIAL EVENT
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Approve a Resolution waiving fees associated with staff costs from the Police Department and Public Works Department for temporary street closures around Alliance Collins Family High School to accommodate the Bike Memorial Event scheduled for Thursday, November 20, 2025.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On September 13, 2025, Alliance Collins Family High School submitted a special event permit application to the Community Development Department to hold a Bike Memorial Event in honor of a student who tragically lost his life while riding a bicycle.
The memorial, initiated by the students, is intended to promote communal healing and unity among students, families, and staff. The event includes temporary street closures forming a loop around the school, bounded by Saturn and Alameda Streets, and Zoe Avenue and Albany Street, to allow participants to walk or bike safely through the designated area.
Following interdepartmental review and approval, the event is scheduled for Thursday, November 20, 2025, from 3:00 p.m. to 7:00 p.m. After receiving notice of the associated costs for street closures, the school formally submitted a fee waiver request to the City.
CONSIDERATION AND APPROVAL TO WAIVE FEES ASSOCIATED WITH STAFF
COSTS FOR STREET CLOSURES FOR THE ALLIANCE COLLINS FAMILY HIGH
SCHOOL BIKE MEMORIAL EVENT
November 12, 2025
FISCAL IMPACT/FINANCING
Funds for this activity were not included in the adopted FY 2025–2026 Budget. The estimated cost for personnel and related services from the Police Department and Public Works is $1,834.52, as detailed below:
Estimated Cost
No. of
Officers Personnel Rate/Hour Sub-total
Time
Needed/hrs. Total
2 Traffic Corporals $ 97.00 $ 194.00 2 $ 388.00
2 Officers assigned
to staging area $ 113.00 $ 226.00 2 $ 452.00
2 Parking
enforcement $ 97.00 $ 194.00 2 $ 388.00
2 Public safety
officers/Rangers $ 113.00 $ 226.00 2 $ 452.00
1 Public Works $ 154.52
$ 1,834.52
LEGAL AUTHORITY
Under Huntington Park Municipal Code §9-2.1501 (Activity in Public Places Permits), departmental service charges represent the actual costs incurred by City departments for events requiring special permits. Waiving these fees requires City Council authorization, as such costs are otherwise recoverable under the City’s adopted fee schedule.
CONCLUSION
Upon Council approval, staff will proceed with the recommended actions.
Respectfully submitted,
RICARDO REYES
City Manager
CONSIDERATION AND APPROVAL TO WAIVE FEES ASSOCIATED WITH STAFF
COSTS FOR STREET CLOSURES FOR THE ALLIANCE COLLINS FAMILY HIGH
SCHOOL BIKE MEMORIAL EVENT
November 12, 2025
SERGIO INFANZON
Director of Communications and Community Relations
ATTACHMENT(S)
A. Draft Resolution waiving fees associated with staff costs from the Police Department and Public Works Department
for temporary street closures
B. Special Event Permit Application
RESOLUTION NO. (2025-XX)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON PARK APPROVING A BIKE MEMORIAL EVENT ORGANIZED BY THE ALLIANCE COLLINS FAMILY HIGH SCHOOL;
AUTHORIZING THE TEMPORARY CLOSURE OF CERTAIN STREETS
WHEREAS, the Alliance Collins Family High school submitted an application to the City for a Special Bike Memorial Event scheduled for November 19th, 2025; and WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures if necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and
WHEREAS, it will be necessary to temporarily close certain streets, as described in the Exhibits attached to facilitate this special event; and WHEREAS, the City Council finds that the closure is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) during the temporary closing; and
WHEREAS, the Chief of Police of the City of Huntington Park shall arrange for temporary street closure and traffic rerouting, which will minimize the traffic hazard conditions and allow for orderly movement of traffic; and
WHEREAS, City personnel shall contact the Alliance Collins Family High School and other public agencies to coordinate bus service providers, and others who may need ingress, egress, or the ability to traverse the affected area and will reasonably provide for their needs; and
WHEREAS, the City Council finds that this event requested by the Alliance Collins Family High School will honor the memory of Jonathan Flores who tragically was killed while riding his bike by a hit and run driver, and the event will bring communal healing to the families and students at the school; and
WHEREAS, this event will bring awareness to students, families, and member of the community to respect and obey traffic laws; and
WHEREAS, the Bike Memorial Event organized by the Alliance Collins Family High School is a non-profit event, and the school is requesting the waiver of the fees, due to financial hardship, as evidenced and documented in the staff report and Exhibits attached to facilitate the event; and
WHEREAS, the Huntington Park Municipal Code Section 9-2.15 authorizes the City Council to approve the closure of the streets and waive fees based upon demonstration of financial hardship; and
WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Huntington Park will not be jeopardized by the approval of this event; and WHEREAS, the event organizers have been conditioned to complete and satisfy the requirements to obtain a special permit application in conformance with all rules and regulations of the Department of Community Development, and conditioned to utilize the streets during the time included in their application, hereto; and WHEREAS, the action of approving the Bike Memorial event does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Huntington Park as follows:
Section 1. Findings. The above recitals are declared to be true and correct and are incorporated herein as findings of the City Council.
Section 2. Approval of Conditions. The City Council hereby approves the conditions of approval for this event, attached as Exhibit A (Special event Permit application).
Section 3. Approval of Fee Waivers for the Alliance Collins Family High School Bike Memorial Event. The 100% fee waiver, as described in the accompanying Staff Report, is hereby approved to facilitate this event.
Section 4. Effective Date of this Resolution. This Resolution shall become effective immediately.
Section 5. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Huntington Park hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a special meeting of the City Council of the City of Huntington Park held on November 12, 2025, by the following vote, to wit:
Approved:___________________________
Mayor Arturo Flores
Attest:______________________________
Eduardo Sarmiento, City Clerk
Approved as to form:______________________________
City Attorney
2071 Saturn Ave. Huntington Park, CA 90255
Phone: (323) 923-1588 Fax: (323) 923-1589
www.collinsfamilyjaguars.org
Rob Delfino Betzy Solares Brenda Garcia Franc Escobedo Sasha Magidi Jonathan Barrera Executive Director Assistant Principal Assistant Principal Assistant Principal Assistant Principal Dean of Culture Dear Members of the City Council of Huntington Park,
I write on behalf of the students, staff, and community supporters of Alliance Collins Family High School to respectfully request that the PD fees associated with our upcoming Bike Memorial Event, tentatively scheduled for Thursday, November 19, 2025, be waived. This waiver would give us the support needed to honor and remember our student, Jonathan Flores, who was tragically killed on his bike by a hit and run driver, at the BMO parking lot in Los Angeles last year in November of 2024.
Our students have organized this bike memorial for Jonathan to honor his memory and to bring communal healing to our school, Jonathan’s family, and the community. This year Jonathan Flores would have been a senior in high school, getting ready to graduate, and go to college. Jonathan was a resident of Huntington Park, an Honor student, and loved by all that knew him.
This student-led event offers students the chance not only to honor their peer’s one year death anniversary, but to also come together, and find closure. This activity is a healthy way for students to engage in positive copying strategies to prioritize their mental health and grieve collectively. A bike memorial is a way for students to foster a sense of shared purpose, strengthens connections among students, staff, and families, and elevates the City of Huntington Park’s efforts to create healthy and engaged youth.
Since this is the first time our school has applied for a city permit, we did not know of the PD fees that would incur. If we had known in advance, students would have done their due diligence to fundraise for the fees, however we no longer have the time to do so. By removing the PD fees, the City of Huntington Park would enable us to make sure that all students, regardless of economic background, can fully participate, and ensure that the planning, safety, and inclusive aspects of the event receive adequate support.
After months of communicating with the city, we have been able to provide all the necessary paperwork and permit fees up to this point. The PD waiver fee is the last action step needed to make this event happen. Furthermore, we are also willing to shorten the event by one hour, instead of two hours, in order to save costs. We will also have school staff attend the event to also support with supervision and safety.
This memorial is more than just an event, it’s a statement about how much we value student voices, relationships, and community healing. A fee waiver signals that the city council of Huntington Park stand alongside these values.
Thank you in advance for bringing healing to our community and lifting student voices.
In Community,
Melissa Alcala
(Community Schools Coordinator)
ATTACHMENT "A"
2071 Saturn Ave. Huntington Park, CA 90255
Phone: (323) 923-1588 Fax: (323) 923-1589
www.collinsfamilyjaguars.org
Rob Delfino Betzy Solares Brenda Garcia Franc Escobedo Sasha Magidi Jonathan Barrera Executive Director Assistant Principal Assistant Principal Assistant Principal Assistant Principal Dean of Culture
REPORTS AND INFORMATION
ITEM 1
CITY OF HUNTINGTON PARK
Public Works Department
City Council Agenda Report
November 12, 2025
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 THE FIRST AMENDMENT TO ENTRUST
PROFESSIONAL SERVICES AGREEMENT FOR BROADBAND PROJECT
MANAGEMENT
IT IS RECOMMENDED THAT THE CITY COUNCIL:
1. Amend the Professional Services Agreement (PSA) to Entrust to include design engineering for the City’s Broadband Infrastructure Project for a not-to-exceed amount of $879,742.00; and
2. Authorize the City Manager to finalize terms and execute the professional services agreement.
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The recommended action modifies the original design/build contract structure for the City’s Broadband Infrastructure Project by transferring the design scope from Aztecs Telecom Inc., to Entrust through a formal design amendment, while retaining Aztecs Telecom Inc., as the construction contractor.
Entrust was previously awarded the Project Management role for the Broadband Project and has played a central role in aligning technical deliverables and navigating regulatory pathways with the CPUC. Expanding Entrust’s scope to include design services ensure
CONSIDERATION AND APPROVAL OF THE FIRST AMENDMENT TO ENTRUST
PROFESSIONAL SERVICES AGREEMENT FOR BROADBAND PROJECT
MANAGEMENT
November 12, 2025
continuity, accelerates plan refinement, and enhances compliance with broadband deployment standards and permitting requirements.
Aztecs will continue to perform construction services under the existing agreement. This revised delivery structure maintains the benefits of the design/build model while optimizing oversight and technical integration through Entrust’s dual role as designer and project manager.
The proposed amendment reflects the City’s commitment to efficient execution, interagency coordination, and strategic resource deployment. It is consistent with procurement protocols and supports timely advancement of this critical digital infrastructure initiative.
FISCAL IMPACT/FINANCING
Entrust submitted a proposal and fee schedule for the additional design work in the amount of $879,742.00 which is fully reimbursable through the CPUC Federal Funding The total amount for Entrust’s scope which includes design engineering and project management is $2,337,214.
CONCLUSION
Staff recommend amending the professional services agreement to Entrust to ensure timely, compliant, and effective design engineering and project management of the City’s Broadband Infrastructure Project.
Respectfully submitted,
RICARDO REYES
City Manager
CONSIDERATION AND APPROVAL OF THE FIRST AMENDMENT TO ENTRUST
PROFESSIONAL SERVICES AGREEMENT FOR BROADBAND PROJECT
MANAGEMENT
November 12, 2025
GERRY LOPEZ
Director of Public Works
ATTACHMENT(S)
1. Entrust 1st amendment professional services agreement
2. Entrust Design Engineering Proposal
PROFESSIONAL SERVICES AGREEMENT
PROJECT MANAGEMENT AND CONSULTING SERVICES
BROADBAND INFRASTRUCTURE DEPLOYMENT
THIS CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into this August 18, 2025, (hereinafter, the "Effective Date"), by and between the CITY OF HUNTINGTON PARK, a municipal corporation ("CITY") and EN Engineering, LLC d/b/a Entrust Solutions Group (hereinafter, "CONTRACTOR").
For the purposes of this Agreement CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY an
I.
ENGAGEMENT TERMS
1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONTRACTOR agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Work"). CONTRACTOR further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term 'Work."
1.2 TERM: This Agreement shall have a term not-to-exceed 18 months, commencing on August 18, 2025. Nothing in this section shall limit the CITY’s right to terminate this Agreement at any time, with or without cause, in accordance with the terms set forth herein.
ATTACHMENT "1"
1.3 COMPENSATION:
A. CONTRACTOR shall perform the various services and tasks set forth in the Scope of Service, Exhibit A, in accordance with the compensation schedule which is Exhibit B (hereinafter, the "Approved Rate Schedule").
B. Notwithstanding Section 1.3(A), the CONTRACTOR’s total compensation during the Term of this Agreement, including any extension thereof, shall not exceed the annual budgeted amount of $2,337,214.00 (the “Not-toExceed Sum”), unless additional expenditures are first approved by the CITY in consultation with the City Manager and the Director of Finance.
If the CONTRACTOR’s charges are projected to exceed the Not-to-Exceed Sum before the end of the Term or any extension term, the CITY reserves the right to suspend the CONTRACTOR’s performance until such time as the CITY approves the additional expenditures or amends the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed. If the amount of CONTRACTOR'S monthly compensation is a function of hours worked by CONTRACTOR'S personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar day of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
1.5 ACCOUNTING RECORDS: CONTRACTOR shall maintain complete and accurate records with respect to all matters covered under this Agreement during and for a period of three (3) years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records, without charge. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. The City shall own all accounting records maintained by the CONTRACTOR.
1.6 ABANDONMENT BY CONTRACTOR: In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and
other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damage, costs or additional expenses which CITY may incur because of CONTRACTOR'S cessation or abandonment.
11. PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVES: The CITY hereby designates the [NAME OF PERSON DESIGNATED] (hereinafter, the "CITY Representatives") to act as its representatives for the performance of this Agreement. The City Manager shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement. CONTRACTOR shall not accept directions or orders from any person other than the CITY Representatives or their designee.
2.2 CONTRACTOR REPRESENTATIVE AND CONTACT INFORMATION:
CONTRACTOR hereby designates or designee to act as its representative for the performance of this Agreement (hereinafter, "CONTRACTOR Representative").
CONTRACTOR Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement.
CONTRACTOR Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONTRACTOR Representative shall constitute notice to CONTRACTOR.
2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:
CONTRACTOR agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY Representatives at all reasonable times. All work prepared by the CONTRACTOR shall be subject to inspection and approval by CITY Representatives or their designees.
2.4 STANDARD OF CARE: PERFORMANCE OF EMPLOYEES: CONTRACTOR represents, acknowledges and agrees to the following:
A. CONTRACTOR shall perform all Work skillfully, competently and to the generally accepted standards of CONTRACTOR'S profession.
B. CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY.
C. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict-of-interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);
D. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as all schedules of performance.
E. All of CONTRACTOR'S employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONTRACTOR; and
F. All of CONTRACTOR'S employees and agents (including but not limited SUB-CONTRACTOR) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR'S own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONTRACTOR'S failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR'S employees, agents, and SUB-CONTRACTOR. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONTRACTOR or on CONTRACTOR'S behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the generally accepted standards of CONTRACTOR'S profession.
ASSIGNMENT: The skills, training, knowledge and experience of CONTRACTOR are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by the CONTRACTOR or on behalf of CONTRACTOR in the performance of this Agreement. In recognition of this interest, CONTRACTOR agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONTRACTOR'S duties or
obligations under this Agreement without the prior written consent of CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.
2.5 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONTRACTOR or under CONTRACTOR'S strict supervision. CONTRACTOR will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONTRACTOR on an independent CONTRACTOR basis and not as an employee. CONTRACTOR reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONTRACTOR'S competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONTRACTOR are not employees of CITY and shall always be under CONTRACTOR'S exclusive direction and control. CONTRACTORS shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.
CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.6 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONTRACTOR'S officers, employees, agents, or SUB-CONTRACTOR is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONTRACTOR, a threat to persons or property, or if any of CONTRACTOR'S officers, employees, agents, or SUBCONTRACTOR fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, or SUB-CONTRACTOR shall be promptly removed by CONTRACTOR and shall not be reassigned to perform any of the Work.
2.7 COMPLIANCE WITH LAWS: CONTRACTOR shall keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONTRACTOR'S compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.
2.8 NON-DISCRIMINATION: In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, CONTRACTOR, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.
2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONTRACTOR and all people retained or employed by CONTRACTOR are, and shall always remain, wholly independent CONTRACTOR and are not officials, officers, employees, departments or subdivisions of CITY.
CONTRACTOR shall be solely responsible for the negligent acts and/or omissions of its employees, agents, CONTRACTOR and SUB- CONTRACTOR.
CONTRACTOR and all persons retained or employed by CONTRACTOR shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONTRACTOR under this Agreement or is otherwise expressly conferred by CITY in writing.
111.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONTRACTOR will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONTRACTOR shall procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONTRACTOR shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than 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: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form
Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers' Compensation Insurance / Employer's Liability Insurance:
Workers' Compensation: as 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. If the contractor is 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 form must be signed.
D. Pollution Liability Insurance: CONTRATOR as an element of its Professional Liability policy shall carry pollution liability insurance with a limit of Three Million Dollars ($3,000,000.00) per claim and aggregate.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage shall contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insurers. 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 Contractor 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 Contractor'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 are used).
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, officials, employees, or volunteers shall be an excess of the Contractor's insurance and shall not contribute with it.
Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of Best’s Insurance Guide, have an A.M. Best's rating of no less than A: VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according
to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONTRACTOR'S INSURANCE: All policies, except Professional Liability and Worker’s Compensation, of insurance provided by CONTRACTOR shall be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers shall be more than CONTRACTOR'S insurance and shall not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage, except Professional Liability, provided pursuant to this Agreement shall not prohibit CONTRACTOR officers, employees, agents, CONTRACTOR or SUB-CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY.
3.6 VERIFICATION OF COVERAGE: CONTRACTOR acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial wellbeing and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONTRACTOR warrants represent and agree that it shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONTRACTOR'S commencement of any work or any of the Work. Upon CITY's written request, CONTRACTOR shall also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
IV.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "CITY indemnitees") should, to
the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY indemnitees with the fullest protection possible under the law. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of CONTRACTOR'S commitment to indemnify, defend and protect CITY as set forth herein.
4.2 To the fullest extent permitted by law and in compliance with California Civil Code § 2782.8 , CONTRACTOR shall indemnify, hold harmless and defend the CITY indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature to the extent arising out of or in connection with CONTRACTOR'S negligent performance of work hereunder, willful or reckless misconduct or its failure to comply with any of its obligations contained in this Agreement.
4.3 CITY shall have the right to offset against the amount of any compensation due CONTRACTOR under this Agreement any amount due CITY from CONTRACTOR as a result of CONTRACTOR'S failure to pay CITY promptly any indemnification arising under this Article and related to CONTRACTOR'S failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of the CONTRACTOR under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers.
4.5 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR'S, SUB-CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement.
Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether any
insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONTRACTOR a minimum of five (5) calendar day's prior written notice of CITY's intent to terminate this Agreement. Upon such termination for convenience, CONTRACTOR shall be compensated only for those services and tasks which have been performed by CONTRACTOR up to the effective date of the termination. CONTRACTOR may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONTRACTOR to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONTRACTOR in connection with the performance of the Work. CONTRACTOR shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONTRACTOR shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.28.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONTRACTOR to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONTRACTOR shall include, but shall not be limited to the following: (i) CONTRACTOR'S refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONTRACTOR'S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONTRACTOR'S and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (v) CONTRACTOR'S refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY shall cure any Event of Default asserted by CONTRACTOR within forty-five (45) calendar days of CONTRACTOR'S issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default
upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR'S Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR'S performance under this Agreement pending
CONTRACTOR'S cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR'S performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by the CONTRACTOR to the reasonable satisfaction of the CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to the CONTRACTOR, CITY may immediately terminate this Agreement in whole or in part.
ii. Upon written notice to the CONTRACTOR, CITY may extend the time of performance.
iii. CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR'S breach of the Agreement or to terminate the Agreement; or
iv. CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONTRACTOR'S sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA: LICENSING INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONTRACTOR in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, disseminate and/or retain all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONTRACTOR shall require all SUB- CONTRACTORS working on behalf of CONTRACTOR in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any CONTRACTOR as applies to Documents and Data prepared by CONTRACTOR in the performance of this Agreement. Provided however, CONTRACTOR shall have no liability for any unintended use or reuse of CONTRACTOR’s Work.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for the performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. The CITY shall grant such consent if disclosure is legally required. Upon request, all CITY data shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR shall not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONTRACTOR warrants and represents that neither CONTRACTOR nor any person who is an officer of, in a managing position with, or has an ownership interest in CONTRACTOR has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., section 3789 et seq. and the California False Claims Act, Government Code section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONTRACTOR:
EN Engineering, LLC
D/B/A Entrust Solutions
Group
Attn: Jory Wolf, President
3105 Mountain Park Drive
Calabasas, CA 91302
Phone: (818) 312-7768
CITY:
City of Huntington Park
Attn: Gerry Lopez,
Public Works Director
6550 Miles Avenue
Huntington Park, CA 90255
Phone: (323) 584-6264
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: CONTRACTOR 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 Sub-CONTRACTOR'S), if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONTRACTOR: CITY reserves the right to employ other CONTRACTOR in connection with the various projects worked upon by CONTRACTOR.
6.8 PROHIBITED INTERESTS: CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each 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, the 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 Party losing reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.
6.13 NO THIRD PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared
this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.
6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.
6.20 COUNTERPARTS: T h i s Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart shall be delivered to CONTRACTOR and the remaining two original counterparts shall be retained by CITY.
6.21 BUSINESS LICENSE AND W9: A City of Huntington Park Business license must be obtained before commencing work and a W9 provided prior to submitting first payment request.
6.22 LIMIT OF LIABILITY. NEITHER CITY NOR CONTRACTOR SHALL BE LIABLE TO
THE OTHER FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEN OR KNOWN
IN ADVANCE BY EITHER PARTY, WHETHER BASED IN CONTRACT,
WARRANTY, TORT OR OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFIT, REVENUE, FINANCING, FUNDING, BONDING, USE,
PRODUCTIVITY OR EFFICIENCY, BUSINESS, EQUIPMENT OR FACILITY
INTERRUPTION, INEFFICIENCY OR SHUTDOWN, AND DAMAGE TO BUSINESS REPUTATION.
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: EN Engineering LLC. d/b/a
ENTRUST SOLUTIONS GROUP
By: Ricardo Reyes By: Jeff Giffen
City Manager Chief Operating Officer
Date: Date:
APPROVED AS TO FORM:
By: City Attorney
Date:
Jory Wolf
Vice President of Digital Innovation
[email protected]
28100 Torch Parkway, Suite 400
Warrenville, IL 60555
City of Huntington Park
Design Engineering
Prepared for: City of Huntington Park
Gerry Lopez, Director of Public Works
October 22, 2025
ATTACHMENT "2"
Table of Contents
:
Cover Letter3
Company Overview4
Statement of Work9
Project Engineering9
Project Timeline 14
Price Proposal 15
Project Teams and Experience 18
Project Teams 18
Team Member Resumes 19
References 36
Appendices 38
Cover Letter
November 3, 2025
Gerry Lopez, Director of Public Works
City of Huntington Park
Dear Gerry,
EN Engineering, LLC dba ENTRUST is pleased to submit our revised proposal to the City of Huntington Park for Design Engineering of the City’s Fiber Network funded through its State-awarded FFA grant. In addition to the consulting, project management, construction management, and inspection services that ENTRUST is already contracted with the City to provide on this project, we are excited to bring our engineering team onto this project to ensure that the City has a comprehensive, accurate, and professional design that can be constructed within the grant timeline and within the allocated grant funding amount.
ENTRUST has over 20 years of experience in offering Fiber design and solution services.
Our Engineers are fully capable of providing the best possible routes for fiber lines, whether it be underground or aerial, with an eye on value engineering projects to fit within defined budgets. We can plan and route fiber designs from start to finish, providing pole makeready engineering, pole loading calculations, construction prints, professional engineer stamps, and detailed specifications and bill of materials, enabling projects to be constructed smoothly and on-budget.
Our approach to the City’s broadband project, as further defined below in our proposed Statement of Work, will build from the concept design proposed in the City’s FFA Grant application, breaking out segments of the concept that are “required” to meet grant obligations, while concurrently identifying additional segments of the City that can be funded by the grant budget. We understand the need to complete the design engineering per the schedule below in early 2026 in order to initiate construction and complete the project within the grant deadline. We are prepared to dedicate the design resources and expertise to meet the timeline. We are already working with the same permitting and jurisdictional authorities on the Gateway Cities COG project (also FFA grant funded), and will apply those connections, relationships, and streamlined processes to the City’s project.
We look forward to putting our people and our processes to work for you, and thank you for your consideration. If you have any questions or we can be of assistance in any way, please feel free to contact me with any questions or comments. You can reach me directly at 818-312-7768 or [email protected].
Sincerely,
Jory Wolf
VP Digital Innovation
[email protected]
Company Overview
EN Engineering, LLC (EN), the operating
and contracting entity under the ENTRUST
Solutions Group brand, has a legacy rooted
in innovation and technical excellence. The
company’s origins trace back to 1998, when
a team of managers, engineers, and
designers from the Natural Gas Pipeline
Company of America (NGPL) formed the
Energy Division of Epstein Architects &
Engineers. In 2002, EN Engineering, LLC
was officially established as a joint venture
between Epstein’s Energy Division and the
Engineering & Technology Departments of
Nicor Gas.
Today, EN is owned by Kohlberg &
Company and Neuberger Berman. While
EN Engineering, LLC continues to serve as
the legal and operational entity for service
delivery, it operates under the unified
identity of ENTRUST Solutions Group—an
integrated network of specialized entities
dedicated to delivering innovative
infrastructure solutions.
Headquartered in Warrenville, Illinois,
ENTRUST has been in business for 23 years
and has grown to include:
• 36 locations
nationwide
• A workforce of over
3,600 employees
• Team members
licensed in all 50
states
Our team members specialize in the following
areas:
Consulting
Broadband Marketing Studies • Feasibility Studies &
Business Plans • Network & Operational Assessments •
SMART City Master & Strategic Plans • General
Telecommunications Consulting
Design & Engineering
High Level Planning & Design • Low Level Design •
Construction Ride Out & Staking • Field Engineering •
Make-Ready Engineering & Pole Load Analysis
Project Management & Implementation
Turnkey Deployment Project Management • Network
Electronics Procurement & Deployment Oversight •
Software, Systems, & Infrastructure Procurement &
Deployment Oversight • Business Operations Stand-Up •
SMART City Infrastructure Deployment • Wireless
Infrastructure Deployment
Construction Management & Inspections
Construction Management • Project Coordination •
Construction Inspection
Complex Projects
FTTX • SMART Grid Turnkey Deployment • Consulting &
Network Engineering • Project Management &
Operations
Grants & Funding
Grant Planning • Grant Program Application
Development • Grant Administration & Compliance
Joint Use Assistance
Utility Pole Attachment Coordination • Joint Use
Application Preparation • Pole Attachment Agreement
Review • Conflict Resolution with Utility Owners
Broadband Infrastructure
FTTH/FTTP Network Design • GPON & Active Ethernet
Architectures • Open Access Network Planning •
Integration with Municipal Systems
SMART Cities
IoT & Sensor Network Integration • Public Wi-Fi
Deployment • Traffic & Utility Telemetry Systems •
Smart Lighting & Infrastructure Monitoring
Permitting & Environmental Solutions
Permitting Strategy & Management • CEQA/NEPA
Compliance • Environmental Impact Assessments •
Utility Coordination & ROW Management
Wireless Infrastructure
Small Cell & 5G Backhaul Design • Fixed Wireless
Access (FWA) • Wi-Fi Network Planning • Wireless Site
Acquisition & Zoning
.
ENTRUST provides fiber engineering, consulting and network implementation to municipalities and utilities whose goal is to improve broadband in their communities.
Over 400 municipalities, utilities and cooperatives have used ENTRUST to develop their fiber and broadband networks. Our mission is to connect every community, one at a time, to the digital economy so that no one is left behind. Our work ensures that communities can access every opportunity the internet has to offer so they can thrive in the connected world.
Our turnkey broadband solutions allow our clients to maintain a single partner that fulfills every aspect of planning and deploying broadband networks, with seasoned experts guiding their deployments every step of the way. Our success is based on our clients’ success and our fiber solutions enable our clients to serve their citizens' most pressing broadband needs in the digital age.
Our mission is to provide a single-source solution to innovative cities that believe in broadband’s ability to transform communities. Our staff comes from other cities that have implemented broadband. They carry the most experience industry-wide in planning, community needs assessments, engineering, construction management, inspections, sales, marketing and operations. ENTRUST provides a full spectrum of services to our municipal clients because we know that they need guidance on all stages of broadband planning and development, as well as guidance on how to fund, deploy, launch, operate, and provide the best levels of services to their citizens and businesses.
Over our 20 years in business, we’ve worked with over 400 municipalities, with over 1 million miles of municipal fiber designed and 50 municipal fiber networks built and active today. This experience has shaped the way we serve our clients’ needs. It’s led us to develop a consultative and collaborative approach, ensuring that your community is engaged, and their needs are well-defined. We work hard to develop innovative solutions to deploy broadband networks because we know the political, financial, regulatory, and operational challenges that cities face in implementing these projects.
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Business Mission
ENTRUST is committed
to growth by providing
innovative solutions to
our clients with a focus
on long-term
relationships, while
consistently maintaining
the highest level of
quality, safety, integrity,
and ethics.
People Mission
Our success is achieved
through continuously
cultivating a culture that
values the contributions
of our diverse and
talented team members.
We seek out and
encourage colleagues
who are passionate,
curious, and client
focused. We maintain an
environment of mutual
respect and commitment
to professional
development and
advancement.
Community
Mission
We are committed to the
safety and sustainability
of the communities, team
members, and
stakeholders that we
serve. We are a strong
catalyst for positive
change in the
communities where we
partner with our clients.
We achieve this through
charitable giving,
partnering with
community
development
organizations, and
creating local job
growth.
Our Safety Commitment, Our First Priority
• Customers and the community entrust us to keep safety first when designing pipelines, facilities, and other installations. This includes addressing all regulations and standards, as well as designing for safer maintenance and upgrades in our work product.
• We insist on a safe workplace for our employees, our vendors, our customers, and the community.
• We have set our safety objective at zero for vehicle accidents, property damage, lost time, and medical aid injuries by ENTRUST and our subcontractors.
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WHY CHOOSE ENTRUST
Who We Are and How We Can Help
Safety
Relentless commitment to safety for our employees, our vendors, our clients, and our communities
Quality
Strict quality control procedures; proven methodologies; impeccable resources; continuous communication with client and project team members Expertise
Strong focus on the energy industry; nationally recognized subject matter experts; highly experienced, industry-trained core staff Value
Complete projects on-time and on-budget with low risk to client Location
Network of 36 offices close to key energy sectors and critical industry hubs Diversity
ENTRUST utilizes diversity contractors and has implemented a comprehensive Disadvantaged Business Enterprise (DBE) initiative across our services that complies with the needs of our clients
Large enough to serve you nationally, small enough to serve you with our senior staff and industry-leading experts.
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Statement of Work
PROJECT ENGINEERING
ENTRUST proposes to provide design engineering at the beginning of the project and continue engineering support for the project during the full construction and deployment effort. Engineering support will include a design project management resource, additional fielding efforts in the market as needed, and ongoing management and oversight from ENTRUST. ENTRUST will utilize the existing FFA Grant Application Concept, as shown in Figure 1, to move forward with field engineering, full design, and subsequent deliverables.
ENTRUST proposes separating the FFA Grant Application Concept into three phases during design to ensure that the project both meets the FFA grant obligations and requirements while also staying under the allotted $25.3 million grant award.
Figure 1. FFA Grant Application Concept
This 3-phased approach will begin by identifying the “minimum required build” for the project that will fully satisfy the grant obligations; the second phase will be segments that, while not required by the grant, could be constructed and reimbursed by the grant within the Huntington Park Design Engineering Proposal Page 10
$25.3 million grant award. The third and final phase will be any remaining areas of the City that could be covered in order to provide ubiquitous fiber service; however, as Phase 3 will not be covered by the grant, ENTRUST will only create a High Level Design (HLD) for Phase 3.
• FFA Grant Application Concept: ~52 miles of aerial fiber design (excluding service drops)
• Phase 1 Design: ~34.7 miles of full fiber design engineering (estimated 95% aerial, 5% underground) that connects all grant-eligible CPUC-identified “unserved” locations.
• Phase 2 Design: Full fiber design engineering to additional areas of the City that do not have any CPUC-identified “unserved” locations, but which would be eligible for reimbursement from the FFA Grant. Final lengths and construction methods will be determined during the design process, but tailored to fit within the total $25.3 million grant.
• Phase 3 HLD: High Level Design (HLD) of remaining areas of the City that are not covered under the FFA Grant, but could be constructed at a later date with additional grant funding or potentially with private investment through a publicprivate partnership with a qualified ISP.
ENTRUST will facilitate a virtual biweekly meeting (with additional meetings/calls as needed) that includes but is not limited to the appropriate Project Manager and a representative from the design engineering team associated with the current phase of the design process. Design will provide a progress update through a geospatially referenced representation of the network (often a Google Earth KMZ), in accordance with the requirements listed in Appendix A.
High-Level Design (HLD) - Path & Placement Design
During the HLD portion of the design engineering, emphasis will be put on optimizing fiber cable design, construction means and methods, vault locations, and existing asset verification, while ensuring that the proposed Phase 1 and Phase 2 fit can be constructed within the allocated grant award. This includes minimizing obstacles meeting the requirements of all fiber networks, and right-sizing key grant submittal metrics. Fibercable path will be optimized to balance the construction costs vs network infrastructure requirements of the client and their partners. During this step we will investigate Rule 20, Moratoriums, easements, wetlands, railroad, and DOT crossings along with any other authorities that may impact design.
Deliverable
The HLD that is to be submitted to the client will consist of a geospatially referenced representation of the network, most often submitted in the form of a Google Earth KMZ.
This will include the fibercable design along with relevant design elements, as described in Appendix B. In order to adhere to the tight project schedule and funding timelines, the client will need to review and approve the HLD on a pre-agreed timeline before fielding or lowlevel design begins. HLD for Phase 3 will not necessarily be included within this first key Huntington Park Design Engineering Proposal Page 11
deliverable, as it will not be funded by the FFA grant, but may be delivered at a later date within the proposed project schedule to inform future funding strategies, public private partnership negotiations, and future City planning.
Field Engineering
Upon approval of the HLD, design engineering will continue through fielding which will consist of four separate components: aerial fielding, underground fielding, site verification, and existing asset verification. Fielding will utilize Phase 1 and Phase 2 of the HLD to perform the work indicated below. ENTRUST will utilize a combination of ESRI Field Maps, Katapult/IKE software, and existing ENTRUST-generated utility research databases and project basemaps.
Fielding Components
• Aerial fielding is the collection of existing pole data such as images and existing pole attachment heights to be delivered to our internal design team. • Underground fielding consists of identifying the type and location of existing utility surface structures that directly affect or conflict with the proposed underground design.
• Site walkouts will consist of coordination with a client representative for the on-site visit and data collection of the sites in which fiber is being designed. • If the client has existing assets, fielding may also include data collection such as verifying the location and size of interconnection points between the new and existing network. ENTRUST will not be responsible for verifying the constructability of the client-owned existing assets. Often, this is done in parallel with underground fielding.
Deliverable
All products of fielding will be internal-only. Not all components fielded will necessarily be utilized in the subsequent steps based on fielding outcomes and design standard expectations. Relevant fielding data will inform the Final Design, and will be included within the Construction and Fiber construction drawings as necessary to ensure accurate labor and materials bidding and construction activities.
Make Ready Engineering / Pole Loading Analysis
Once the aerial fielding has been completed, the engineering design will shift focus to make ready and pole loading analysis. Make ready (sometimes referred to as MRE) consists of analyzing the information received from the aerial fielding along with high-level design and creating make-ready documents that ensure new cables can be located and attached on existing poles, with existing cables and attachments adjusted as necessary, in accordance with pole owner or lessee requirements. This includes but is not limited to strand, guying, anchor, and riser design. Pole Loading Analysis will calculate the impact of newly=-placed cable to ensure poles are still safe and will not require replacement upon new construction.
Design will then modify the aerial portions of the high-level design that will require rerouting based on the make ready and pole-loading analysis. ENTRUST is a qualified engineer in the State of California to provide MRE and PLA calculations to existing pole owners and telecom providers, including AT&T, who would be the lessor of attachment space.
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Deliverable
The make ready and pole loading analysis will produce a complete deliverable package that can be used by the client for review before pole attachment application submittal to the appropriate owners. The MRE and PLA work will also inform the final design, ensuring that re-routes are identified as necessary, and that all specifications and standards for construction are include within the Construction Maps and bid package. This will also include a plot map that combines the make ready and geospatially accurate representation of the aerial design. These items, while created during this step, will be produced during the final design deliverables phase.
Final Design
The final design work in the project engineering process is the final design package – construction drawings, maps, fiber maps, MRE and PLA analysis, single line diagram, permit identification maps, and a detailed Bill of Materials that outlines the specific labor and material units necessary for construction and accurate bidding. Focus will be on fiber cable size, splicing and splice closure locations, slack loops, and other network-specific elements, as outlined in Appendix B. This phase ensures the client has the full network design and all documentation that supports the implementation of the construction stage.
ENTRUST will deliver a 90% version of the Design to the client for review and approval prior to making any final adjustments and changes and completion of the Final Design package and documents. The design will include connecting signalized intersections and City facilities that are immediately located on the design alignment and will provide capacity planning for connecting other facilities and intersections in the future. Design of connections to City facilities will require the City to disclose locations of existing building entrance facilities and connection locations. In order to adhere to the tight project schedule and funding timelines, the client will need to review and approve the Final Design on a preagreed timeline before construction can begin.
Final Design Deliverable Outlined in Appendix “B.”
Permitting
Permitting work involves identifying all permit agencies for all city, county, environmental and historic preservation agencies across the project area.
Permitting Application Preparation & Submittal
Local conditions and variables affect the exact type, number and cost of required permits.
Specific requirements for the number and types of permits required will be determined during high-level design. ENTRUST can provide all materials for permit applications and assist with preparation and submittal on a time and materials basis. In addition to separate, independent fees for permits charged by authorized jurisdictions (see below for Permit & License Fees), on average, ENTRUST has found permit application preparation costs in California, depending on specifics within each jurisdiction, range in costs between $1,700 to $4,200 for each Caltrans crossing, $1,500 to $2,700 for railroad crossings; wetlands permits start at $1,500, but can vary depending on local conditions. ENTRUST would undertake this work on a strict Time & Materials basis to streamline the work and minimize Huntington Park Design Engineering Proposal Page 13
costs; see Price Proposal for more details and range estimates. In addition, there are a number of City-specific encroachment permits required for this project; the City could utilize a “blanket” approach to these permits, which should not only reduce the permit preparation costs, but also reduce the internal City costs for reviewing those applications (and corresponding time for reviews).
Permit & License Fees
Large broadband projects typically not only require permit application preparation work, but also corresponding permit review fees to be paid directly to the jurisdictional authority issuing the permit (or license). Some agencies not only charge a “permit application review fee” but, assuming the permit is approved, will then charge an additional license fee. After preparing permit applications, ENTRUST will submit application packages directly to the jurisdictional authority on behalf of the City, and, with City pre-approval on a permit by permit basis, submit payment of those permit review and license fees; these fees (all granteligible) would be billed back to the City at cost + 10% (see Price Proposal below for more information).
P.E. Stamps
Engineering documents associated with this proposal will be reviewed, signed, and sealed by licensed Professional Engineers in accordance with California’s regulatory standards, including the California Business and Professions Code 6735 and Title 16, Section 411 of the California Code of Regulations. This applies to final plans, specifications, calculations, and reports, which will bear the engineer’s signature, discipline-specific PE stamp, and date of certification. The stamp will meet the requirements set by the California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG), including a minimum diameter of 1.5 inches and inclusion of the licensee’s name, number, and discipline.
Electronic seals and signatures are acceptable if they provide a permanent representation and comply with state guidelines. This process ensures regulatory compliance and reflects our commitment to technical accuracy, safety, and professional accountability.
As-Builts
ENTRUST proposes to complete the as-built digitization of the project, once constructed, which will enable the City to accurately collect, track, analyze and report on key broadband infrastructure assets that it has deployed and operates across the City. We propose to build a geo-correct layer for the City’s conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related information as listed below under GIS Data Feature Class Layer Assumptions from these layers, we will proceed to identify all fiber-optic assets placed during the City’s Fiber Optic Network roll-out and document types of fiber cable, strand count, splice points, splice cases, slack loops, terminations, and related information.
ENTRUST will use the existing client schema or utilize an industry standard from the design phase if not applicable. Construction information related to changes in the field, as-built and redline information will be acquired and reviewed in real time.
Completion of as-built digitization is dependent upon the contractor completing construction and providing redlines.
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Project Timeline
◆ Ongoing Task
Deliverable
Phase
Month 1Month 2Month 3Month 4Month 5Month 6Month
7 Month
8 Month
9 Month 10Month 11Month 12Month 1
3 Month 14
Aerial & Underground Design ◆ ◆ ◆
Fielding ◆
MRE/PLA ◆
Permitting ◆ ◆ ◆ ◆ ◆
P.E. Stamps
As-builts ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆
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City of Huntington Park November 3, 2025
Price Proposal
The total project engineering cost to the City of Huntington Park is $879,742 and will be billed monthly based on actual unit deliverables. Project Permitting costs are estimated between $426,000 and $1,622,900, and will be billed monthly based on actual Time & Materials (for ENTRUST’s work on permit application preparation) and pass-through expenses + 10% (for direct permit & license fees). Travel and Expenses, not to exceed $48,458, will be billed as actuals as incurred. ENTRUST will bill on the first day of the month for the current month’s services. Invoices are payable on net 30 terms from the date of invoice.
Design Engineering costs are estimated and may be adjusted based on the data collected and knowledge gained during the effort with client consent.
Description Measure Unit1 Unit
Cost Total
Project Engineering
Aerial & Underground Design FT 274,560 $ 0.33 $ 91,614
Fielding EA $ 73,447
Make Ready Engineering Pole 2,196 $ 150.00 $ 329,472
Pole Loading Analysis Pole 2,196 $ 150.00 $ 329,472
P.E. Stamps Page 2502 $190.00 $ 47,500
Construction As-Builts FT 274,5603 $ 0.03 $ 8,237
Project Engineering Subtotal $ 879,742
Expenses
Travel & Expenses (Actual Costs Incurred – Not to Exceed) $ 48,458 Permitting
Permit Application Preparation T&M Hourly TBD4
Permit Application Fees & License Fees Actual + 10%5
1 Units are estimated based on the City’s FFA Grant Application Concept; as routes are finalized during the design process, the City will only be charged the Unit Cost rate for the actual number of units designed by EN. 2 PE Stamps/page units are estimated based on the City’s FFA Grant Application Concept; the City will only be charged the Unit Cost rate for PE Stamps based on the actual number of pages/stamps required. 3 The City will only be charged the Unit Cost rate on As-Builts based on the actual LF constructed. 4 Permit application preparation will be billed based on Actual Time & Materials based on the hourly rates identified in Table 1. Preliminary analysis indicates an estimated number and type of permits required, with the estimated cost range for each, as shown in Table 2.
5 See Table for a preliminary estimated range of type, number, and cost of direct permit application fees and license fees, based on the FFA Grant Concept.
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Table 1 - Hourly rates for work by position for T&M Deliverables Position Description Rate
Principal (SVP/VP) $325.00
Project Executive (Director) $262.50
State - Licensed Professional Engineer $262.50
Sr. Broadband Consultant $210.00
Broadband Consultant $175.00
Sr. Project Manager - Implementation $195.00
Project Manager - Implementation $165.00
GIS Manager $150.00
GIS Analyst $105.00
Senior Grant Manager $145.00
Grants Analyst $120.00
Design Technician I $100.00
Design Technician II $115.00
Senior Design Technician $135.00
Design Manager $165.00
Field Engineer $100.00
Project Coordinator/Analyst $90.00
Permitting Coordinator $100.00
Make Ready Engineer $135.00
Sr. Construction Manager $175.00
Construction Manager $155.00
Inspector $140.00
Network Engineer $160.00
Table 2 – Permit Application Preparation Cost Estimates Jurisdiction # of Permits
Required
Estimated Application
Preparation Costs
Range
City 26 $75,000 - $110,000
Caltrans 0 None Anticipated
LA Flood 1 $4,000 - $8,000
LA County 10 $11,000 - $19,000
Union Pacific RR 9 $27,000 - $36,000
BNSF RR 5 $14,000 - $21,000
Total Estimated Costs $131,000 - $194,000
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Table 3 – Direct Permit Application Fees and License Fee Estimates6 Jurisdiction # of
permits
Application
Fee
Min
License
Fee
Max
License
Fee
Total Fee
(MIN)
Total Fee
(MAX)
Union Pacific
Railroad 9 $ 8,000 $ 5,000 $ 120,000 $ 117,000 $ 1,125,000 Caltrans 0 None anticipated
LA County 10 $ 200 $ 12,700 $ 15,000 $ 129,000 $ 277,000 BNSF Railroad 5 $ 2,000 $ 7,800 $ 32,500 $ 49,000 $ 201,500 City 27 Assume waived
TOTAL $ 295,000 $ 1,603,500
6 The range of anticipated permit and license fees, even at the maximum amount, are projected to fit within the City’s FFA grant award.
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Project Teams and Experience
PROJECT TEAMS
Design Engineering Team
The design engineering team assigned to this project will be working closely with the City’s Trusted Advisor and Project Manager, Alex Telthorst, ensuring communication across all aspects of the project including Project Management, Construction Management, Inspections, and Consulting.
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TEAM MEMBER RESUMES
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References
1. Gateway Cities Council of Governments, CA – Consulting, Design Engineering and Project Management
Contact: Hector De La Torre
Phone: 562-663-6850
Email: [email protected]
Scope of Work Summary: The Gateway Cities Council of Governments (COG) is a good example of the phased approach used by ENTRUST where we take our public agency clients through feasibility, master planning, grant assistance, policy development, design engineering and project and construction management for implementing community based broadband networks. The COG is comprised of 27 cities in Los Angeles County and is located in one of the most densely populated regions in the country. For decades, this collection of small cities with insufficient resources has lacked investment from utilities and telecommunications service providers. They see access to the digital world as a key component in remaking their economies and uplifting their communities and quality of life through telework, telehealth and distance learning. They see fiber and wireless networks as critical infrastructure for fostering Smart City, including intelligent transportation, public safety effectiveness, environmental monitoring and controls, energy management and development of a tech workforce for high paying jobs. In 2021, the COG selected ENTRUST to assist them with broadband planning that produced a Regional Fiber Master Plan. The Plan cost $169K and provided a conceptual design, costs and a phased implementation plan for building a network. In 2022, the COG selected ENTRUST to assist in obtaining grant funds in the amount of $500K to complete full design engineering of the network and to assist in obtaining additional grant funds to build the fiber network infrastructure. ENTRUST completed design engineering and submitted grant applications that were awarded by the California Public Utilities Commission (CPUC) and the California Department of Technology (CDT) for $104M. ENTRUST is now providing consulting, design engineering and project management in building networks for the COG, CPUC and the CDT through the end of 2026 and expects to add construction management services through an upcoming contract amendment. Through ENTRUST’s phased approach, our clients are able to implement the vision of their digital future.
2. City of Waterloo, IOWA
Contact: Eric Lage
Phone: 319-291-0175
Email: [email protected]
Scope of Work Summary: The City of Waterloo, Iowa selected ENTRUST in 2019 as its partner in the development of a Broadband Study and Action Plan that will identify needs and opportunities for future broadband expansion and growth.
ENTRUST assisted the City of Waterloo in preparing for the internet of things by integrating fiber-to-the-home broadband and smart city technologies into the City’s Broadband Study and Action Plan, a long-term plan, which will ensure that Waterloo is prepared to take advantage of all future wired and wireless applications which Huntington Park Design Engineering Proposal Page 37
may benefit the community. Our team developed an implementation strategy and action plan for Waterloo, allowing the City to immediately begin making improvements to the community’s broadband services.
In April 2021, the City of Waterloo extended ENTRUST’s contract to complete Design, Engineering and Permitting activities for a 120-mile fiber-optic backbone identified in the Action Plan. This backbone is in the process of being constructed and will connect hundreds of City and Utility sites and will provide the necessary capacity to support a Fiber-to-the-Home deployment. ENTRUST is now completing project and construction management for the network.
3. City of Chesapeake, VA – Fiber and Wireless Network Design Contact: Jay Krail
Phone: 504-920-3181
Email: [email protected]
Scope of Work Summary: ENTRUST worked with the City to engineer the 170- mile C-NGN fiber-optic network and complementary smart city wireless overlay, branded Chesapeake Connects. ENTRUST conducted detailed assessment of each stakeholders’ needs and developed the network design to maximize community use of the fiber. The network connects over 200 community facilities including city, school, library, hospital, public utility, public safety and traffic locations. The design also incorporates Chesapeake’s economic development goals by ensuring that key business corridors are equipped with high-capacity fiber. ENTRUST engineered over 170-mile route miles of fiber, including fielding, low-level design, construction prints, permitting, master budgets and construction bids. In late 2020, ENTRUST’s scope was expanded to determine how Chesapeake Connects will support organizations during and after the COVID-19 pandemic focusing on telehealth and remote education. ENTRUST’s process of design, then bid, then build is giving the City best approach to minimize the cost of construction, select the most capable construction contractor and ensure rapid deployment of the network. The City of Chesapeake began construction by July 2021 and is working with ENTRUST to accelerate the timeline, targeting 18-24 months for completion of major construction related activities.
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Appendices
Appendix A
Client Asset Requirements
• City Drive Obstacles
• Moratoriums
• Beautification/ Undergrounding
• Capital Improvement Projects
• Existing Assets (if any)
• Existing Structures (Conduit, Vaults, Poles, Strand, etc)* • Existing Network Equipment (Fibercable, Splice Closures, Cabinets, etc)* Client Partnership Implications
• JPA (Joint Pole Agreement) Partnerships
Fiber Design Requirements
• Data Centers
• Client/Parner/Provider Data Centers
• Unassigned Data Center Default Location
• Complete List of Sites and/or Address
• Drop sites vs non drop sites
• Future vs current sites
• Client owned vs non client owned
• Site point of contacts (site verification)
• Fiber Allocation/Splicing Requirements
• Client vs Partner Fiber Split Agreement
• Client vs Partner Fiber Ribbon Assignments
• Client splicing requirements, Partner splicing requirements • Existing Fiber Dark Counts for splicing (if required) • Backhaul Requirements
• Allocated Fiber per Site / Address / Hut / Hub
• Redundancy (Dark Fiber vs Ex. Infrastructure)
• Proposed fiber splicing vs existing infrastructure splicing • Individual Network Requirements
• Material Products Specifications
• Fibercable - Loose, ribbon, reel lengths
• Splices – Existing infrastructure matches, preferred expansion size, etc • Fiber infrastructure Identified
• Mesh, Ring, Hub and Spoke
• GPON, FTTH Point to Point
• Cable sizing
• Backbone/Lateral/Distribution Sizing
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• Sizing in relation to partner contracts
* Existing assets are assumed to be in a format that is both legible and manageable to pull the required data from. This may include but is not limited to construction prints, KMZs, shapefiles, layer packages, etc. The package delivered by the client must include the exact assets that are intended to be used with no uncertainty about location, access, or usability status. Existing assets must be derived from these records and cannot be identified and utilized from institutional knowledge. If any of these conditions are not met, the existing asset will not be used or might require a change order to utilize in the future.
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Appendix B
This itemized list will refer to “fibercable design elements.” The design elements are as follows as applicable to the project requirements. Design elements include (1) Fibercable, (2) Conduit, (3) Vaults, (4) Strand, (5) Poles, (6) Anchors, (7) Risers, (8) Sites, (9) Splice Closures, and (10) Slack Loops. Additional fiber design elements may be included as required by the fiber infrastructure.
Deliverable List
• ArcGIS Pro Layer Package (.lpkx) of all design elements. • ArcGIS Shapefiles (.shp) of all design elements.
• Google Earth KMZ (.kmz or .kml) of all design elements. • Underground Construction Maps (.pdf)
• Aerial Construction Maps (.pdf)
• Fiber Construction Maps (.pdf)
• Single Line Diagram (.pdf)
• Permit Identification Overviews (.pdf)
• Permit Authority Research (.zip)
• Bill of Materials (.xlsx)
Deliverable Explanations
ArcGIS Pro Layer Package - This is an ArcGIS proprietary package that can be opened directly in ArcGIS Pro. All fiber cable design element’s labeling and symbology are setup in ArcGIS beforehand and make for a quick and easy review process. ENTRUST utilizes an industry standard set of feature classes and schema.
ArcGIS Shapefiles - This will consist of a separate shapefile export for each of the fiber cable design elements. The purpose of these separate shapefile exports if for end users that will be utilizing other GIS applications to review the network such as ArcMap or QGIS.
All shapefile files for all design elements (about seven per design element) will be zipped and submitted in one folder.
Google Earth KMZ - This will consist of an export of our ArcGIS database into a file format that can be opened directly in Google Earth. While the formatting will be extremely close to the Layer Package, it does lack some of the labelling features but will be the most distributable of the deliverables as the file can be opened by a free application everyone has access to, Google Earth.
Underground Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew to build the underground plant. It includes legends, construction specifications, an overview, and detailed construction prints.
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Aerial Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew to build the aerial plant. It consists of legends, construction specifications, overview prints, and make ready notes.
Fiber Construction Maps - This (11x17) PDF deliverable encompasses all necessary information for the construction crew for placing fiber and splicing. It consists of legends, splicing specifications, overview prints and elements details.
Single Line Diagram (SLD) - This is a PDF (11x17) that simplifies the entire fiber allocations into as few pages as possible. The goal in this is to condense information to account for all fiber allocations into a singular document. It consists of legends, splicing specifications, overview prints and cut sheets.
Permit Identification Overviews – These are PDFs that mirror the construction and aerial documents but are isolated from the various authorities that will require some sort of encroachment permit to perform construction. Separate crossings shall be assigned permit names and sequence numbers in preparation for encroachment permit package creation.
Permit Authority Research – These will be zipped packages of various information required for the creation of encroachment permits including but not limited to authority standards, creation and submittal cost estimates ranges and encroachment permit examples.
Bill of Materials - ENTRUST will create a final design cost estimates for the fiber network which itemizes all labor, materials, and equipment costs. We will provide a comprehensive bill of materials with unit rates for construction, based on local labor costs that are commensurate with the current market. This bill of materials will supply each per unit cost for outside plant construction, splicing, termination, testing, wireless siting, construction, installation, and activation.
Note:
• All deliverables are provided project wide. Individual design area deliverables are to be identified during the project kick-off meeting.
• Permit identification overviews will be created for all authorities that highlight the proposed areas of encroachment.
• Sample deliverables from similar markets can be provided upon request, and can be utilized during the project kickoff to determine market specific deliverable.
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Appendix C – EN Engineering
MSA
MASTER PROFESSIONAL SERVICES AGREEMENT
This MASTER PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made as of ___________, 2023 between _________________, an ___________ corporation ("COMPANY"), and EN Engineering, LLC a Delaware limited liability company ("ENGINEER"), hereinafter referred to as the “parties” or individually as “party,” under the following circumstances:
WHEREAS, COMPANY wishes to engage ENGINEER to perform certain engineering and related professional services (“Engineering Services”) and certain construction management services (“Construction Management Services”) for COMPANY from time to time on an as needed basis and ENGINEER is willing to provide from time to time on an as needed basis such Engineering Services and Construction Management Services to COMPANY in accordance with the terms of this Agreement; and WHEREAS, the parties wish to execute this Agreement to establish the general terms and conditions, which will govern the present engagement and any future engagements between the parties; and
WHEREAS, the parties contemplate that for the present engagement and each future engagement they will also execute a schedule which will reference and become a part of this Agreement and will describe in detail the specific Engineering Services and Construction Management Services, personnel, fees and term of the engagement as well as any other provisions agreed to by the parties
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:
1. Services. Engineer shall perform the Engineering Services and Construction Management Services (collectively referred to as “Services”) for COMPANY as set forth in Schedule 1 and as agreed to and executed by the parties and set forth in schedules referencing this Agreement ("Schedule"). Each Schedule shall specify the scope of the Services, the fees and expenses (if any) to be paid to ENGINEER by COMPANY for such Services. Each such Schedule shall be identified in consecutive numerical order. In the event that parties desire to modify a Schedule, the parties shall execute a written change order evidencing such modifications (“Change Order”). In the event of any conflict or apparent conflict between any Schedule and/or Change Order and this Agreement, the Schedule and/or Change Order shall govern.
The Effective Date of a Schedule shall be the date on which such Schedule is fully executed by COMPANY and ENGINEER. The terms of this Agreement shall apply to all Huntington Park Design Engineering Proposal Page 43
Services performed by ENGINEER in accordance with a Schedule and the terms of this Agreement shall not be altered or modified except by the written agreement of ENGINEER and COMPANY. ENGINEER agrees that time is of the essence in performing the Services.
1.1 Personnel. All personnel furnished by ENGINEER shall be appropriately qualified to perform the Services. Should any personnel furnished by ENGINEER be unable to perform the Services under this Agreement because of illness, resignation or other causes beyond ENGINEER’s control and without ENGINEER’s fault, ENGINEER shall use all reasonable efforts to replace such personnel promptly. COMPANY reserves the right to demand that ENGINEER replace any personnel assigned to perform the Services that COMPANY reasonably believes are not performing to the level of COMPANY’s expectations.
1.2 Change in Service
A. Change in Service shall be defined as any service required to be performed in the furtherance of a Schedule as a result of: (i) COMPANY requested modifications to the scope of ENGINEER’s Services and (ii) events which were not reasonably foreseeable by ENGINEER, which require ENGINEER to incur additional costs or to perform additional Services not provided for in a Schedule. All such additional costs or services must first be approved by COMPANY in writing.
B. B. ENGINEER shall not be required to perform a Change in Service unless and until a Change Order has been issued and signed by COMPANY’s designated Representative and ENGINEER’s Representative as set forth in Section 13 of this Agreement.
1.3 Change Orders
A. Each party, without invalidating this Agreement or a Schedule, may request a Change in Service, with or without a change in the required time to complete the Services under the Schedule (“Time of Performance”). Such request must be submitted in writing by the requesting party.
B. If a request for Change in Service is mutually agreed to, such mutual agreement shall be evidenced by a written Change Order issued by COMPANY, signed by COMPANY’s designated Representative and ENGINEER’s designated Representative and setting forth the increase or decrease in fee to which ENGINEER is entitled pursuant to Paragraph 1.3.C. Any Change Order, which affects a Schedule, shall become part of such Schedule.
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C. Unless otherwise expressly provided in a particular Change Order, COMPANY shall compensate ENGINEER for a Change in Service at the hourly rates set forth in Exhibit A (“Change in Service Compensation”).
1.4 ENGINEER’S RESPONSIBILITIES
A. ENGINEER shall perform Engineering Services in accordance with the following terms:
1. The standard of care for all Engineering Services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of Engineer’s profession practicing under similar circumstances at the same time and in the same locality.
2. ENGINEER may employ such sub-consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Engineering Services. ENGINEER shall not be required to employ any sub-consultants unacceptable to ENGINEER.
3. ENGINEER shall comply with applicable laws or regulations and COMPANY mandated standards provided in writing to ENGINEER. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effective Date of the Schedule that require ENGINEER to perform services beyond ENGINEER's Engineering Services set forth in the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.
4. If required under a Schedule, ENGINEER shall visit the site periodically to become generally familiar with the progress and quality of the work and to determine, in general, if the work is proceeding in general accordance with the plans and specifications. Except as provided in the applicable Schedule, ENGINEER shall not be required to make exhaustive or continuous checks of the quality or quantity of work. ENGINEER shall not have control or charge of the construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.
5. ENGINEER shall review and take appropriate action upon a Contractor’s, subcontractor’s or COMPANY contractor’s submittals such as shop drawings and product data. Except for submittals produced by ENGINEER or by any contractor or subcontractor of ENGINEER and except as provided in the applicable Schedule, review of submittals, however, is not conducted for the purposes of determining the accuracy and completeness of details such as dimensions or sizes, for ascertaining the correctness of Huntington Park Design Engineering Proposal Page 45
calculations made by the Contractors, subcontractors or COMPANY contractors, to determine the appropriateness of quantities, to determine the appropriateness of the means, methods or procedures to be utilized by the Contractor, subcontractor or COMPANY contractor during installation, for substantiating the correctness of instructions, for installation or to ascertain the performance of equipment or systems, all of which remain the exclusive responsibility of the Contractor, subcontractor or COMPANY contractor.
6. ENGINEER shall not be responsible for the verification of the condition of subsurface conditions or for the condition of existing structures, equipment or appliances, unless such verification can be made by simple visual observation.
If, after plans and specifications are prepared, it appears from the uncovering of parts or portions of an existing structure that the plans or specifications must be altered to conform to previously hidden or differing conditions, all such work shall be performed by ENGINEER as a Change in Service for which ENGINEER shall be entitled to Change in Service Compensation.
7. COMPANY shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by COMPANY to ENGINEER in accordance with this Agreement unless ENGINEER is otherwise informed by COMPANY in the applicable Schedule.
8. With respect to Engineering Services, execution of this Agreement or any Schedule in no way creates an employment or agency relationship between COMPANY and ENGINEER; it is understood that ENGINEER will be acting as an independent contractor. Neither ENGINEER nor any of its personnel, subcontractors or agents shall be deemed to be partners, joint ventures, agents, or employees of COMPANY for any purpose whatsoever. In no event shall COMPANY be responsible for the payroll taxes of ENGINEER’s personnel.
B. If required and agreed to pursuant to a Schedule, ENGINEER shall perform Construction Management Services in accordance with the following terms:
1. In providing Construction Management Services, ENGINEER shall act as a construction professional and not a construction contractor, and in performing its duties herein, ENGINEER agrees to furnish Construction Management Services using the care and skill ordinarily used by members of the construction management industry performing similar Construction Management Services and practicing under similar circumstances at the same time and in the same locality.
2. ENGINEER shall comply with applicable laws or regulations and ENGINEER mandated standards. This obligation is based on these requirements as of the Effective Date of each individual Schedule. Changes to these requirements after the Effective Date of the Schedule that require Huntington Park Design Engineering Proposal Page 46
ENGINEER to perform services beyond ENGINEER’s Services set forth in the Schedule shall be considered a Change in Service for which ENGINEER shall receive Change in Service Compensation. Under such circumstances, the Time of Performance set forth in the Schedule shall be adjusted.
3. ENGINEER may employ such sub-consultants as ENGINEER deems necessary to assist in the performance or furnishing of the Construction Management Services. ENGINEER shall not be required to employ any subconsultant unacceptable to ENGINEER.
4. Neither review nor approval by COMPANY of ENGINEER’s Construction Management Services shall relieve ENGINEER from its duty to comply with the above obligations.
5. ENGINEER shall not have control or charge of the construction and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or acts or omissions of contractors or any persons performing work or for their failure to perform.
2. Representatives
2.1. COMPANY. In order to facilitate day to day communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, COMPANY shall act by and through its designated representative ("COMPANY's Representative"). For each Schedule COMPANY will inform ENGINEER in writing of COMPANY’s designated representative for the respective scope of Services to be performed by ENGINEER. Upon notice to ENGINEER, COMPANY may at any time substitute or replace a COMPANY Representative. COMPANY’s Representative shall be available for meetings with ENGINEER's Representative at all reasonable times.
2.2 ENGINEER. In order to facilitate communications between COMPANY and ENGINEER in the ordinary course of performance of the Services, ENGINEER shall act by and through its designated representative ("ENGINEER's Representative"). ENGINEER initially designates ________________ as its representative. Upon notice to COMPANY, ENGINEER may at any time substitute or replace ENGINEER's Representative.
ENGINEER's Representative shall be available for meetings with COMPANY’s Representative at all reasonable times.
2.3 Representations. ENGINEER hereby represents to COMPANY, with the intention that COMPANY rely thereon in entering this Agreement, that ENGINEER has the capability, experience, registrations, licenses, permits, and governmental approvals necessary to perform the Services.
2.4 No Conflicts. During the term of this Agreement, ENGINEER shall maintain close communication with COMPANY and will impart to COMPANY knowledge, information, ideas, suggestions and advice regarding the Services. ENGINEER will act solely Huntington Park Design Engineering Proposal Page 47
in the interests of COMPANY and no other party and will not knowingly compromise or jeopardize the interests of COMPANY. In the event any matter or circumstance comes to ENGINEER's attention which would in any way interfere or potentially interfere with ENGINEER's obligations hereunder, ENGINEER will disclose promptly and fully such matter or circumstance to COMPANY.
2.5 Charges for Services. Subject to the terms of this Agreement, COMPANY shall pay ENGINEER, as full compensation for the Services rendered, the fees, costs of materials, and expenses (if any) detailed in the applicable Schedule. If the parties execute a Schedule that provides for ENGINEER’s provision of Services to be rendered on a time and materials basis, then COMPANY shall pay according to the payment schedule set forth in Exhibit A, which is attached hereto and made a part hereof. ENGINEER may adjust or modify the payment schedule annually to account for labor market rate changes and inflation.
ENGINEER shall notify COMPANY in writing of any annual rate adjustment at least thirty (30) days prior to the effective date of any desired change in the payment schedule.
2.6 Terms of Payment. In return for the Services rendered by ENGINEER hereunder COMPANY shall pay ENGINEER within thirty (30) days of receipt of ENGINEER’s invoice for the invoice period. The invoice period shall be a period of one (1) calendar month. Payment of each invoice is contingent upon the Services having been rendered to COMPANY’s reasonable satisfaction. Each invoice shall provide the following:
(a) Names and hours worked by ENGINEER’s personnel and fees with respect thereto, if such work was performed on a time and materials basis; (b) Details of automobiles rented including but not limited to rental cost and gasoline costs for the invoice period;
(c) Details of any expenses incurred by ENGINEER as set forth in the applicable Schedule;
(e) Summation of charges.
If items are contested by COMPANY, the uncontested balance will be paid within said thirty (30) day period. Any and all payments or approvals by COMPANY hereunder shall be without prejudice to COMPANY's rights to protest or challenge invoices at a later point in time. COMPANY reserves the right to require additional documentation to substantiate a request for payment. ENGINEER shall keep all records and books of account relating to this Agreement on the basis of generally accepted accounting principles and shall make such records and books and other plans and documents relating to this Agreement (other than records, books and other plans and documents relating to net income or profit) available to COMPANY or COMPANY's designated representative for inspection and audit at all reasonable times for a period of one year after the completion or termination of ENGINEER’s Services under such Schedule.
Failure to pay any invoice when due shall entitle ENGINEER, at ENGINEER’s sole discretion and upon ten (10) calendar days written notice to COMPANY, to suspend Huntington Park Design Engineering Proposal Page 48
ENGINEER’s Services under the Schedule for which payment is outstanding. ENGINEER shall not be responsible to COMPANY for any delays caused by such a suspension.
3. Term. This Agreement shall remain in full force and effect, commencing as of the date first above written, until the earlier to occur of (i)__________, 20____, (ii) termination of this Agreement or any Schedule by COMPANY upon ten (10) business days prior written notice to ENGINEER for convenience or (iii) termination by either party upon seven (7) days written notice to cure should the non-terminating party fail to materially perform in accordance with the terms of the Agreement or any Schedule through no fault of the terminating party. Termination of this Agreement shall discharge only those obligations that have not accrued as of the effective date of termination. If this Agreement is terminated, ENGINEER shall in no event be entitled to compensation in respect of costs, whether direct or indirect, fees, lost profits, or otherwise for work not actually performed prior to the effective date of termination. Any right or duty of COMPANY or ENGINEER based on either the performance or breach of this Agreement prior to the effective date of termination shall survive the term of this Agreement.
4. Rights in Property.
4.1 In consideration of the compensation set forth herein, ENGINEER hereby assigns to COMPANY all worldwide right, title and interest in and to all work performed, writings, information, data, formulas, designs, models, drawings, photographs, including all documentation thereof, including all statutory protection obtained or obtainable thereon (hereinafter referred to as "Intellectual Property") created, made, conceived, reduced to practice or authorized by ENGINEER or ENGINEER's employees, either solely or jointly with others, and delivered by ENGINEER to Company in connection with the performance of Services under this Agreement, unless specifically excluded in writing in the applicable Schedule. COMPANY shall be free to use and reproduce the Intellectual Property assigned to COMPANY herein. At COMPANY’s expense, ENGINEER shall execute or cause to be executed all instruments and perform such acts as may be necessary, useful or convenient for the purpose of securing to COMPANY statutory protection, including patent, trademark, trade secret, or copyright protection, throughout the world for all Intellectual Property assigned to COMPANY. Notwithstanding anything contained herein to the contrary, ENGINEER shall retain ownership of all Intellectual Property owned by ENGINEER or made solely by ENGINEER prior to the date of this Agreement.
4.2 Upon completion of the Services in any applicable Schedule or other termination of this Agreement, ENGINEER shall deliver to COMPANY all copies of any and all Intellectual Property developed hereunder, except that ENGINEER may keep copies of all of same for its permanent files and records. Upon COMPANY's request, ENGINEER shall provide COMPANY with whatever documents, information or materials in ENGINEER's possession or reasonably available to ENGINEER to enable COMPANY to protect its rights in any Intellectual Property developed under this Agreement.
4.3 ENGINEER's obligations under this Section 4 shall survive any termination or Huntington Park Design Engineering Proposal Page 49
expiration of this Agreement.
4.4 In the event that COMPANY uses or changes the Intellectual Property prepared by ENGINEER hereunder in a manner not contemplated by the applicable Schedule or this Agreement and without the written consultation and engineering review by ENGINEER, COMPANY, to the fullest extent permitted by law, agrees to indemnify and hold harmless Engineer, its officers, directors, employees, and any of its sub-consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising or allegedly arising from such unauthorized use or change to the Intellectual Property. In the event that COMPANY consults with and desires such engineering review by ENGINEER, COMPANY will compensate ENGINEER for the Services in accordance with the terms of this Agreement if it is still in effect, or in a compensation method and amount that is acceptable to both COMPANY and ENGINEER.
4.5 If ENGINEER, for any reason, is not allowed to complete all the services called for by this Agreement or any Schedule, ENGINEER shall not be responsible for the accuracy, completeness or constructability of the Intellectual Property prepared by ENGINEER if used, changed or completed by COMPANY or by another party. Accordingly, COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER, its officers, directors, employees, and any of its sub-consultants who are directly involved in the development of such Intellectual Property from any damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising or allegedly arising from such use, change or completion.
5. Confidentiality. ENGINEER shall keep strictly confidential all reports, whether oral or written, which are prepared by ENGINEER at COMPANY’s request and except as required by law, ENGINEER shall not reveal information from reports to the person reported on or to any other person except a person whose duty requires him to participate in the decision for the transaction from which the report was ordered. ENGINEER acknowledges and agrees that in connection with the performance of the Services it may be necessary for COMPANY to disclose to ENGINEER certain proprietary or confidential information ("Confidential Information"). ENGINEER shall hold in strictest confidence any Confidential Information to which it may have access hereunder. Access to Confidential Information shall be restricted to those of ENGINEER's personnel with a need to know and engaged in a permitted use of the Confidential Information. ENGINEER further agrees not to make use of such Confidential Information other than for performance under this Agreement. Confidential Information shall include information of COMPANY which is not generally known, including but not limited to, the business, conduct or operations of COMPANY or any customer of COMPANY; sales techniques; cost and pricing policies; contracts; financial information; plans; administrative procedures; research; processes; data; development, trade secrets, marketing, production and distribution information; business opportunities that may be developed or obtained; and any memorialization of any matter concerning any employee of COMPANY. ENGINEER's obligation of confidentiality under this Agreement shall survive termination of this Huntington Park Design Engineering Proposal Page 50
Agreement. However, ENGINEER shall not be required to keep confidential any data or information which is or becomes publicly available without fault on the part of ENGINEER; is already in ENGINEER's possession prior to receipt from COMPANY; is independently developed outside the scope of this Agreement; or is rightfully obtained from third parties not under similar confidentiality restrictions. ENGINEER’s obligations under this Section 9 shall survive any termination of this Agreement.
6. Intellectual Property Warranties and Indemnification
6.1 ENGINEER warrants that to the best of ENGINEER’s knowledge, information and belief neither this Agreement nor Intellectual Property or other tangible or intangible property produced hereunder will infringe upon or violate any patent, copyright, trade secret or other proprietary right of any third party.
6.2 Each party (“Indemnifying Party”) shall at its own expense indemnify and hold harmless the other party in all suits or proceedings instituted against the other party, its officers, agents, affiliates or employees ("Indemnified Parties") based upon any claim, suit or proceeding (collectively, "Claim") that any Intellectual Property or other materials or any part thereof supplied under this Agreement constitutes an infringement of any patent, copyright or other intellectual property right or the process intended to be performed thereby. The Indemnifying Party shall pay all awards of damages assessed against the Indemnified Parties resulting from any such Claim and shall indemnify and save the Indemnified Parties harmless against losses, expenses and damages resulting from any such Claim or incurred in obedience to a decree resulting from any such Claim (including reasonable attorneys' fees and court costs) or pursuant to any compromise thereof. If in any such Claim a restraining order or temporary injunction is granted, the Indemnifying Party shall make every reasonable effort, by giving a satisfactory bond or otherwise, to secure the suspension of any such restraining order or temporary injunction. If in any such Claim the Intellectual Property or other materials, or any part thereof, supplied under this Agreement or the process performed thereby is held to constitute an infringement and its use is permanently enjoined, the Indemnifying Party shall, at the Indemnifying Party's option, in addition to indemnifying and saving the Indemnified Parties harmless in accordance with this Section 6, either (a) at the Indemnifying Party's sole expense, promptly secure for the Indemnified Parties a license authorizing the continued use of such Intellectual Property or other materials or (b) at the Indemnifying Party's sole expense and without impairing performance requirements, replace the infringing part thereof with non-infringing Intellectual Property or other materials, as the case may be, or modify the infringing Intellectual Property or other materials so that it does not so infringe.
The Indemnifying Party's obligations under this Section 6 shall survive termination of this Agreement.
6.3 The Indemnifying Party shall not be required to indemnify or defend an Indemnified Party for any such infringement to the extent caused by such Indemnified Party.
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7. Publicity. ENGINEER shall not use the name of COMPANY for advertising or promotional purposes (including advertisements and or press releases) nor shall ENGINEER grant press interviews, disseminate or publish or provide for the publication of any information (including photographs) regarding this Agreement without the prior written consent of COMPANY. Such written consent shall not be unreasonably withheld and shall not prevent ENGINEER from using and publishing a general description of a project and services performed by ENGINEER under this Agreement or a Schedule and associating the project with COMPANY, for the purpose of describing ENGINEER’s experience and qualifications to other clients and potential clients.
8. Compliance with Applicable Law. ENGINEER represents that to the best of ENGINEER’s knowledge, information and belief the provision of Services hereunder at the prices and under the terms stated herein does not and shall not constitute a violation by ENGINEER of any law or schedule issued by any governmental authority, or any agency, administration or subdivision thereof having jurisdiction in the matter, and further agrees to reimburse COMPANY upon demand for any fine or penalty which COMPANY may incur as a result of ENGINEER’s violation of such law or schedule.
9. Insurance. ENGINEER shall keep in full force and effect during the term of the Agreement the insurance coverages required by this Section 9.
A. Workers' Compensation Insurance providing for applicable statutory limits for all of ENGINEER’s personnel to be employed under this Agreement and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence.
B. Comprehensive General Liability Insurance of not less than $10,000,000 combined single limit per occurrence that can be provided by the combination of the general liability and umbrella policies. Such insurance shall include Contractor’s Protective Liability covering liability for work sublet and Contractual Liability insuring the indemnity provisions contained in this Agreement.
C. Comprehensive Automobile Liability Insurance with limits not less than $1,000,000 combined single limit per occurrence. Such coverage shall include owned, hired and non-owned vehicles but excluding any vehicles owned by COMPANY.
D. Professional Liability Insurance with limits of not less than $5,000,000.
Notwithstanding anything to the contrary in this Agreement, the insurance requirements pursuant to this Section 9.D shall remain in full force and effect for one year following the termination of this Agreement.
COMPANY shall be included as an additional insured under the insurance policy obtained pursuant to subsection (b) above and provided with a Waiver of Subrogation with Huntington Park Design Engineering Proposal Page 52
respect to the policy under subsection (a) above.
The coverage required by paragraphs (a) through (c) shall be evidenced by certificates of insurance and other documentation reasonably requested by COMPANY, from insurance companies satisfactory to COMPANY, delivered to COMPANY prior to actually commencing work or services under this Agreement, and thereafter from time to time at COMPANY’s request, showing the requisite liability limits and containing a clause obligating the insurer to provide COMPANY with thirty (30) days notice prior to any cancellation or material change in coverage. ENGINEER shall promptly report in writing to COMPANY all accidents, claims, suits, or threats of litigation arising out of or in connection with the performance of this Agreement.
ENGINEER shall also require that any contractors or subcontractors it retains to assist in the performance of this Agreement maintain the type and minimum limits of insurance set forth above.
10. Indemnification. To the fullest extent permitted by law, ENGINEER shall at its sole cost and expense indemnify, keep and save harmless COMPANY, its officials, directors, employees, (collectively, the "Indemnified Party") against any and all damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action of every kind and character to the extent caused by any negligent act or omission of ENGINEER, its servants employees, directors, officers, subcontractors, invitees or licensees in connection with this Agreement, including but not limited to, any damage to property, injury to any persons (including, without limitation, claims based upon false arrest, detention, imprisonment or violation of the right to privacy), provided however, that ENGINEER shall not be obligated to defend, indemnify or hold an Indemnified Party harmless from and against any damage, losses, liabilities, costs, expenses (including attorneys’ fees and court costs), injuries, death, claims, suits, liabilities, and causes of action of every kind and character based upon, to the extent arising out of or resulting from any negligent act or omission or intentional wrongdoing of such Indemnified Party. ENGINEER’s indemnity obligations pursuant to this Section 10 shall survive termination of this Agreement.
11. Assignment; Subcontracting. The interests, rights, powers, duties and liabilities of the parties hereto shall be binding upon, and shall endure to the benefit of, the respective successors and assigns of the parties. Notwithstanding the foregoing, the parties shall not assign or transfer their interest in this Agreement or assign or transfer any right they may have in the same, or any part hereof unless the written consent of the other party to such assignment or transfer is first procured, which consent may not be unreasonably withheld. Any unauthorized assignment or transfer shall be void and of no effect. ENGINEER may subcontract to provide additional supervisors but ENGINEER shall at all times remain responsible for the performance of, and payment for, the Services by its subcontractors. This Agreement shall not create any contractual relationship between COMPANY and any such subcontractor, or any other individual, corporation or entity, nor shall it create any obligation on the part of COMPANY to pay or to see to the payment of any moneys due any such subcontractor or other individual, corporation or entity.
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12. Severability. If any section, subsection, term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of the said section, subsection, term or provision or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
13. Notices. All notices, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to be made or given when personally delivered, when sent and received by facsimile or three (3) business days after being mailed by registered or certified United States mail, postage prepaid, return receipt requested, or one (1) business day after being sent by Federal Express or other recognized carrier guaranteeing overnight delivery, postage prepaid, to the parties at the following respective addresses, or at such other address as a respective party may designate pursuant to a notice duly given hereunder to the other party:
A. If to COMPANY:
________________________
___________________________
___________________________
Attention: ________________
B. If to ENGINEER:
EN Engineering, LLC
28100 Torch Parkway
Warrenville, Illinois 60555
Attention: Chief Operating Officer
14. Entire Agreement; Waiver. This Agreement and the Schedules attached hereto represent the complete and exclusive statement of the agreement between the parties, which supersedes all prior proposals, oral or written, and all other prior communications between the parties relating to the subject matter of this Agreement. Amendments, modifications and waivers to this Agreement shall be made only by written instrument signed by both parties.
To the extent the statements, terms or provisions of this Agreement conflict with the statements, terms or provisions of the attached Schedules, the statements, terms and provisions of this Agreement shall govern and control.
15. Headings. The various headings and titles used in this Agreement are for convenience of reference only and shall not affect the meaning or interpretations of this Agreement or any provision thereof.
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16. Force Majeure. If during the term of this Agreement or any renewal period thereto, either party is unable to perform its obligations hereunder as a result of causes beyond its control, then such party’s performance shall be excused during the period of such inability to perform, and the term shall be extended for a period no longer than twelve (12) months. If such inability to perform shall require a time extension of longer than twelve (12) months, this Agreement or any Schedule shall be terminated. The term “causes beyond its control” shall also include but not be limited to fire, storm, flood, natural disaster, riot, insurrection, war, and strike (“Force Majeure Events”); provided, however, nothing contained in this Agreement or any exhibits or schedules attached thereto shall obligate either party to engage in any settlement negotiations in connection with a pending or potential strike.
17. Damage Limitations
17.1 Notwithstanding any provision of this Agreement to the contrary, COMPANY may recover at most from Engineer, on account of any negligent act, error or omission on the part of, or breach of any implied or express terms of this Agreement or any Schedule by ENGINEER, its officers, members, managers, employees, directors and agents, or any claim or demand which arises or is in any way related to any services performed under a Schedule or pursuant to this Agreement, only that amount equal to the applicable insurance coverages specified in Section 9.
17.2 Whether due to delay, breach of contract or warranty, negligence or any other causes, neither party shall be liable to the other party for any special, exemplary, punitive, liquidated, indirect or consequential damages of any nature, including, without limitation loss of actual or anticipated profits or revenues, loss by reason of shutdown, non-operation, or increased expense of manufacturing or operation.
18. Hazardous Substance Indemnity. ENGINEER, its principals, employees, agents or subconsultants shall neither perform nor direct any services relating to the investigation, detection, abatement, replacement, discharge, or removal of any toxic or hazardous contaminants wastes or substances (“Hazardous Materials”). Provided that the Scope of Services described in each Schedule is consistent with the previous statement, COMPANY hereby agrees to bring no claim for negligence, breach of contract, contribution, indemnity or any other claim against ENGINEER, its principals, employees, agents and subconsultants for losses, costs, expenses or damages which COMPANY may incur arising from the existence of Hazardous Materials at the site of the ENGINEER’s Services to be performed under any Schedule unless the pollution incidents are caused or exacerbated by ENGINEER’s negligence or if the Hazardous Materials are brought onsite by ENGINEER.
19. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Illinois, without regard to any law of conflicts that may direct the application of the laws of another jurisdiction. COMPANY and ENGINEER each hereby irrevocably submits itself to the original jurisdiction of the state and federal courts sitting in Chicago, Illinois with regard to any controversy in any way relating to the execution, delivery Huntington Park Design Engineering Proposal Page 55
or performance of this Agreement. The parties hereto further agree that any and all suits, claims or actions founded upon such controversies shall be brought or filed exclusively in such courts and nowhere else.
20. Contra Proferentum. This Agreement was prepared by all parties to this Agreement and not by any party to the exclusion of any other.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered by their respective duly authorized representatives as of the date first above written.
EN Engineering, LLC _____________________
(“ENGINEER”) (“COMPANY”)
By: ___________________________ By: __________________________ Name: _________________________ Name: ________________________ Title: _________________________ Title: ________________________