El Monte City Council
January 25, 2022

January 6, 2022
NDC Standard Redistricting Scope of Work
 Project Setup and coordination:
o Development of demographic database including Census Bureau and California Statewide Database data of total populat ion, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renters vs homeowners, age, education level, and other factors useful in identifying communities of interest;
o Incorporation of any Geographic Inform ation System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries);
o Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction;
o Assist jurisdiction with developing a co mmunications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents;
o Assist jurisdiction with developing a proj ect plan, including a detailed timeline, goals and objectives, and specific deliverables list;
o Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team;
o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise;
o Provide education and guidance on require d redistricting criteria, and advice on selecting optional redistricting criteria, for staff and elected officials;  Plan Development:
o Creation of 2 to 4 initial draft maps;
o Analysis and preparation for presentation of all whole or partial plans submitted by the public;
o Conversion of all maps and reports to web-friendly versions; o Online posting of all maps to an interactive review website; o Create any requested additional and/or revised maps as requested;  Plan implementation:
o Provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request;
o Work with the County Registrar of Voters to implement the final adopted plan;  Project Options
o Number of virtual or in-person meetings (and resulting per-meeting fee); o Consultant-prepared and -managed project website;
o Online mapping tool allowing residents to draw and submit maps; o Paper-based mapping tool allowing residents to draw and submit maps.

National Demographics Corporation
City of El Monte

Project Pricing

1. Basic Project Elements (covers everything except for per-meeting and optional expenses): .......................................................................................... $ 32,500

2. Per-Meeting expense:
 In-person attendance, per meeting ............................................................ $ 3,250  Virtual (telephonic, Zoom, etc.) attendance, per meeting ...................... $ 1,750 For each meeting, NDC will prepare meeting mate rials, including presentation materials and maps; present and explain key concepts, including mandatory and traditional redistricting criteria and “communities of interest”; facilitate conversations; answer questions; and gather feedback on existing and proposed boundaries. Per-meeting prices include all travel and other anticipated meeting-related expenses. Telephone calls to answer questions, discuss project status, and other standard project management tasks do not count as meetings and do not result in any charge.

3. Optional Project Elements:
a) Project website ........................................................................................ $ 9,000 b) Public mapping tool options:
 Online and paper system including all elements below .............. $ 6,500  "DRA” (a simple online mapping tool)
 Public Participation Kit paper- and Excel-based mapping tool c) Public Participation Kit mapping tool alone ...................................... $ 4,500 d) Working with independent or advisory redistricting
commission ....................................................................... no additional charge e) Additional outreach assistance ...................................... separately contracted

National Demographics Corporation
City of El Monte

Proposal Acceptance
The terms of this proposal are available for 90 calendar days from its delivery to you. In most situations, NDC is open to extending that period of time to meet any particular needs of your jurisdiction.

If your jurisdiction has specific contract and/or letter of agreement language you prefer to use, please provide it and ignore the signature block below. If you prefer, simply sign two copies of this proposal in the signature block below and return them to NDC. Once signed by NDC, one copy will be returned to you.

Thank you.

For National Demographics Corporation For El Monte

Douglas Johnson, President

Date Date

Sent via email to: [email protected]
January 6, 2022
Richard Padilla
Partner, OMLO Law
City of El Monte
Dear Mr. Padilla,
Thank you for reaching out to Redistricting Partners to discuss the City of El Monte's need to convert to districted elections under the California Voting Rights Act.

Redistricting Partners is a specialized firm that conducts services for organizations and local governments ranging from racially polarized voting analysis, conversion of ele ctions from at - large to districted under the California Voting Rights Act, and traditional redistricting. Going ba
ck a decade we have worked with dozens of local governments, ranging from small hospital and water agencies to the sprawling Los Angeles Unified School District.

Most recently we have conducted the CVRA conversions within the cities of San Mateo, Burlingame, Napa, Davis and Santa Ana. For 2021 we have alrea dy been hired by the cities of Berkeley, Burlinga me, Carpinteria, Napa, Oakland, and San Jose to conduct their decennial redistricting under the Fair Maps Act provisions. We have also been hired by the City of Long Beach to conduct their decennial process under their first independent redistricting commission.

Redistricting Partners is well versed in the California Voting Rights Act and its implications for agencies that have previously elected board members based on an at-large election system.

In addition to the CVRA, there is a new law known as the Fair Maps Act which creates best practices within the redistricting process – some of which are already within the CVRA, and some which are new.

When we worked with the City of Napa, the process included the five-hearing process, proper notification of hearings and presentations of maps to the public, a weekend map-d rawing outreach program and drawing districts without consideration of incumbents or candidates, and without advantage to any political party.

I have attached an outline of our scope of services for agencies con verting to district areas und er the CVRA. In most cases, for a city redistricting, using a five-hearing structure (presenting virtually) multiple draft maps, assistance in outreach and analysis of public input, the cost would be $42,000, with potential additional costs if the district wants features such as an online mapping tool or additional subcontracted outreach services.

Online mapping is an option that we have not always embraced – historically, we have favored more in-person outreach. But, obviously, much of that kind of activity will not be possible in the coming months.

The first online option is Maptitude Online Redistricting which costs $25,000 with training from Caliper Corporation. The second option is one developed by Tu fts University called DistrictR and it is being packaged for Redistricting Partners at a cost of $8,000 an d would include training from our staff. Both of these programs currently have capacity issues.

As might be expected, the Maptitude option is more robust, but also harder to learn, while the DistrictR option is lightweight and easy, but with fewer technical bells and whistles.

We are agnostic about which tool an agency selects and can provide you with a demonstration video of both.

The conversion of an election system is often a challenge, but we are here to help assist in the process. We could be ready to participate in any board meetings as early as February, 2022 and could execute an agreement and workplan as soon as you are ready.

Sincerely,
Paul Mitchell
Owner, Redistricting Partners

Scope of Services – CVRA Conversion
Redistricting Partners has been working for the past decade assisting dozens of municipalities with conversion to districted election systems under the California Voting Rights Act (CVRA).

The CVRA requires all agencies (cities, school boards, community colleges and other special districts) to convert to by- district election systems if they have signs of racially polarized voting. Recent amendments to the law allow for a faster, easier transition, provided that the agency follow specific “safe harbor” rules regarding the timing, structure, and transparency in the districting process.

The following is an outline of the services provided in this districting effort.

Public Engagement
The CVRA sets a structure for public engagement which includes five public h earings:
two conducted prior to line drawing, two more held for public input and changes after maps have been made public, and one final hearing for adoption of a map that has been made public for 7 days prior to adoption.

Redistricting Partners will work with the municipality in conducting these presentations, gathering and documenting public input, and utilizing these hearings as a means for determining initial criteria for draft maps and amending maps that have been produced.

In addition, Redistricting Partners traditionally utilizes three methods for soliciting public input during this process.
1) The use of a simple community of interest worksheet, which allows the public to describe their community of interest, give evidence of what binds that community together and defines it, and provide any kind of drawing or map of that area. This can be used in-person at public hearings or completed by the public and emailed as a form of submitted testimony.
2) An in-person or online interactive workshop where physical maps are provided showing population densities, and the public is assisted in either drawing their communities of interest or drawing draft maps.

3) An online mapping option to facilitate deeper community engagement by allowing members of the public to draw and describe their community of interest or draw potential district lines.

Our staff includes experts in civic engagement, community outreach, an d will assist in communicating needs for public engagement at client direction.

GIS and Data
The GIS backbone of redistricting is the Topologically Integrated Geographic E ncoding and Referencing, or TIGER, a format used by the United States Census Bureau. This will serve as the geographic backbone of the redistricting project. The core TIGER/Line Files and Shapefiles do n ot include demographic data but do c ontain information about the external b oundaries o f cities, c ounties an d oth er d istricts, an d often ar e th e same geography used in the creation of precincts.

Other districts, such as community colleges, water boards, and other special districts may utilize other geographic layers for their external boundaries, such as parcel layers, and some counties rely on parcel layers entirely for the creation of the ir precincts.

Redistricting Partners has more than a decade of experience dealing with these issues and working with county registrars to process the redistricting files in both formats.

Decennial cen sus redistricting data spe cifically tai lored to each jurisdiction will be utilized within this TIGER geography. This data, under new Californi a law, will also include the reall ocation of incarce rated population, and be suppleme nted with the most recent American Community Survey (AC S) dataset, incl uding estimated total population an d Citizen Voti ng Age Popul ation (CVAP) w hich quantifies ethnic populations for the purposes of the Federal Voting Rights Act.

Additional datasets can be utilized in redistricting based on the client needs. For example, in a healthcare district there could be a geographic dataset of underlying service areas or facilities, or at a community college there might be informati on on campuses and feeder high schools that serve as a geographic dataset to inform the districting p rocess.

Redistricting Partners is adept at helping agencies uti lize these different pieces of geographic information within one project.

Meetings & Creation of Lines
Redistricting P artners will participate in pu blic hearings e ither r emotely or in -person, based on the health and safety guidance at the time. In a contract with a standard f ive- hearing schedule, at least t wo will be h eld remotel y with up to three u sing in-person staffing, if appropriate.

Once mapping can be conducted, Redistricting Partners will create three sets of potential lines following traditional redistricting criteria including that districts be contiguous, compact, and follow traditional governmental or community lines and natural / physical contours of the district geography and input from the initial public hearings.

Maps that are created are provided in four formats:
• Printable 8.5x11 Mapping and Data PDFs for dissemination with meeting agenda or posting on the public- facing website. These maps provide an overview and will often show neighborhoods, significant landmarks or key facilities, but do not go down to the street-level.
• Interactive online maps, like Google Maps, with the proposed district boundaries, including the embedded data calculations for population, ethnicity, and any other factors that are key to the district analysis. • Shapefile and census block equivalency files for use by any GIS staff or members of the public with GIS mapping capabilities.

Following the presentation of maps at the third public hearing Redistricting Partners will take any information gleaned from public comments or elected official input to create additional amended maps and engage in a process of selecting and finalizing mapping options for the fourth public hearing. Alternatively, Redistricting Partners could continue to collect public information and only create new versions after the fourth public hearing.

Under the California Voting Rights Act the final hearing will be for a vote only on the map which has been finalized and published within seven days prior to adoption. This mapping option will be produced by Redistricting Partners with all the additional technical elements necessary for the final resolution.

Adoption / Processing of new lines
Once lines are adopted, Redistricting Partners will work with the County Registrar(s) staff in order to complete the process and make new lines available for the next available election. This processing includes:
• Documentation from public meetings, signed resolution • Electronic PDF maps of new election district boundaries • GIS Shapefiles for county staff to assign precincts
• Metes and Bounds legal document with written description of district boundaries
• Census Block equivalency files and shapefiles for a backup of district lines in latest US Census geographic data.

Optional Elements
Beyond the CVRA Safe Harbor five meeting structure, contracts can be adjusted to allow for additional public meetings or interactive workshops.

Additional outreach programs, including in -language outreach, are availab le through Redistricting Partners sub -vendors. These can range from small engagements to create materials and promotions for public engagement, and grow into large emailing, mass - mailing, digital, radio and cable TV ads promoting the redistricting process. Language services are also available through a sub-vendor contract.

Two different online mapping tools are available through Redistricting Partners. The first is a public community engagement and district mapping tool developed by Tufts University and ma naged by Redistricting Partners. The second option is Maptitude Online Redistricting software from Caliper Corporation. Demonstrations of each product are available for prospective clients.

TYPICAL FIVE HEARING STRUCTURE
Pur
pose of Hearing
1st Public Hearing Public Hearing with information about the redistricting process, descriptions of the data and mapping tools,
introduction of ways the community can provide input.

The purpose of this introductory hearing is to provide
information to the public and solicit input from the
public and elected officials on where community of
interests exist, and how those can contribute to the
building of potential districts.
2nd Public Hearing Repeat of first hearing, with additional emphasis on tools for providing input, potentially an overview or
training for online mapping tools, emphasis on
receiving community of interest testimony for the
purposes of driving map creation.
3rd Public Hearing Public Hearing with presentation of maps of new potential district boundaries produced by the
demographer and published seven days in advance ,
with a summary of how mapping options were drawn
from testimony and public input received during the
previous hearings. These maps are expected to drive
additional feedback from the public and elected
officials.
4th Public Hearing Public Hearing with revised map(s) of proposed district boundaries produced by the demographer and
published seven days in advance . Additional public
input regarding the revised map(s) and concluding
with direction from the council on a final map that will be placed on the calendar for an upcoming up/down
vote on the completed districting plan.
5th Public Hearing Public Hearing to adopt final map
References
The following are references from recent work. Additional references are available upon request.

Client Name: City of Davis
Project Description: The City of Davis which faced a CVRA lawsuit and required a quick transition to districted elections, including facing a question of going to 7 districts or staying with 5. Ultimately the plan adopted was based on a map drawn by two members of the community during a weekend workshop and amended by the council members in a public, open, televised council meeting.

R
eference: Kelly Stachowicz
Assistant City Manager
[email protected]
(530) 757-5602 ext. 5802
Client Name: City of Santa Ana
Project Description: An extended and contentious CVRA lawsuit and conversion process.

Redistricting Partners was hired to help facilitate a new set of district lines and a change of both the election system, and date of the election, in a majority minority Latino city with a strong Vietnamese population that had their geographic area divided among multiple council districts.

Reference: Maria Huizar
City Manager
City of Lake Forest
[email protected]

Note: Maria Huizar was the City Manager at the City of Santa Ana at the time of this redistricting.

R
eference: Jose Solorio
Councilmember
City of Santa Ana
(714) 514-6233
[email protected]
Note: Councilmember Solorio was an active member of the city council during the redistricting process. In this redistricting, the city itself was the agency in charge of adopting the district lines.

Solorio was active in each of the public council hearing and attended public outreach meetings.

Client Name: City of Napa
Tiffany Carranza
955 School Street
Napa, CA 94559
[email protected]
(707) 257-9503
The City of Napa was the first city in California subject to the Fair Maps Act while conducting redistricting based on a demand from a petitioner under the California Voting Rights Act. In addition, the process was hindered further by the stay-at-home orders issued in March, 2020. The process was completed on time and followed all the requirements under the CVRA and the Fair Maps Act.

Client Name: Kern Community College District
Project Description: A redistricting project including Kern County and several adjacent counties for a diverse community college district which was conducting a revision of their district boundaries to comply with the California Voting Rights Act and the Federal Voting Rights Act.

R
eference: Board Secretary Danielle Hillard
[email protected]
(661) 336-5100
Client Name: Los Angeles Unified School District
Project Description: A public commission-based redistricting of the second largest school district in the nation. This redistricting included work with the commissioners to train them on traditional redistricting principles, identifying and working with communities of interest, public engagement, many community-based outreach meetings across the area served by LAUSD, and full technical lead on line-drawing, data management, map development and every aspect of the redistricting from the first commission meeting to plan adoption.

C
lient Project Manager: Doug Wance (949) 224-6439
18400 Von Karman Ave, Suite 800
Irvine CA 92612
[email protected]
(949) 224-6439
R
eference: Lindsay Horvath
LAUSD Redistricting County of Orange
Councilwoman, West Hollywood
[email protected]
(323) 632-7530
Reference: Greg Girvan
22736 Margarita Dr.

Woodland Hills, CA, 91364
(818) 631-2405
Basic Redistricting
Services
Description Cost
Council Meetings Five Board meetings – Council training & four to five Council meetings as required.

Anticipated to be remote meetings.
$42,000 – Basic
Redistricting Services
Mapping &
Demography
Mapping & Demography services for draft
maps post Census data release. Will track
and incorporate all public comment and
input from website and meetings. Will
submit maps to post on website based on
public input in 3 formats, and will work
with County registrar to ensure that final
maps are delivered accurately in requested
formats.

Included in Basic
Redistricting Services
Project Meetings
with City staff
Monthly meetings with city staff.

Anticipated to be remote meetings.

Included in Basic
Redistricting Services
Additional
Redistricting
Services
Description Cost
Communications Comprehensive assistance in outreach to
the public, translation services. Includes
assistance in gathering community input
and testimony.
$25,000
Public Outreach Five Public Outreach meetings, includes training on mapping tools and basic
premises of redistricting process, general
facilitation of meetings. Anticipated to be
a mix of remote and in person.
$15,000
Addi
tional Remote
Meeting Cost: $1,750
each
Additional In-Person
Meeting Cost: $3,500
each
Website Suggestions for and review of County
hosted website
$2,500
Project Meetings
with City Staff
Additional meetings as needed with City
Staff. Anticipated to be remote meetings.
$5,000
Online Mapping
Options
Description Cost
Maptitude Online
Redistricting
Software for Board, staff and public.

Includes training.
$25,000
DistrictR Online tool for Board, staff and public.

Includes training.
$8,000
GEOinovo Solutions Inc. City of El Monte

2022
GEOinovo Solutions Inc.

City of El Monte
1/14/2022
Proposal to Provide Demographic
Analysis and Mapping Services

GEOinovo Solutions Inc. i City of El Monte
Table of Contents

1. Cover Letter ............................................................................................................................. 1

2. GEOinovo Company Profile ................................................................................................... 3

2.1. La Cresta Demographics Overview ................................................................................. 4

3. Experience ............................................................................................................................... 4

3.2. Proposer’s Experience with Census Tract Data ............................................................... 9

4.1. Demographic & Statistical Analysis ................................................................................ 9

4.2. California Fair Maps Act Requirements ........................................................................ 10

4.3. GEODistrict Software .................................................................................................... 10

5. Scope of Work ....................................................................................................................... 11

5.1. Timeline ......................................................................................................................... 14

6. References ............................................................................................................................. 15

7. Staff Overview ....................................................................................................................... 19

7.1. Organization Chart ......................................................................................................... 19

7.2. Staff Resumes ................................................................................................................. 20

8. Cost Proposal ......................................................................................................................... 25

GEOinovo Solutions Inc. 1 City of El Monte

1. Cover Letter
Redistricting is crucial and necessary for representative and functional governance. The City of El Monte (City) is seeking demographic services to assist with your redistricting process. The City Council is considering moving from at-large voting to district-based elections before the November 2022 election. GEOinovo Solutions Inc. (GEOinovo) provides demographic and mapping services that meet the multiple California and Federal laws regarding redistricting. We have proposed a draft project timeline that will meet the City’s redistricting goal and meeting the Federal and State Voting Rights regulations. As part of the redistricting process GEOinovo will work closely with the City Council and City staff to meet the legal requirements related to redistricting. For this project, the GEOinovo Team will consist of GEOinovo and our subcontractor La Cresta Demographics.

As a GIS company, GEOinovo supports our clients with geospatial analysis, reports, dashboards, and mapping services. GEOinovo has a simple goal, to solve complex problems through the innovative use of Geographic Information Systems (GIS). Our comprehensive solutions and extensive staff experience will provide the City with first-class demographic services and demographic mapping. We will support the creation of the new district maps for the distribution to the City. Our experience is augmented by our participation in the Esri, Inc. Partner Program allowing us greater access to Esri’s GIS technology.

Our staff has extensive experience with local government / municipal mapping, providing GIS mapping services, and demographic analysis. We create demographic maps for redistricting and are experienced with collaborating with relevant parties such as lawyers, demographers, and the community to meet local, state, and federal regulations. Our experience includes developing and presenting maps to City Councils, Local Government Officials, and the community at large using GIS and demographic data.

We believe our Team is the most suited to provide services to the City because of our experience and familiarity with Section II of the Federal Voting Rights Act of 1965, the California Voting Rights Act of 2001, and the California Fair Maps Act of 2019. We have reworked and eliminated poor redistricting efforts by leveraging our demographic experience and working closely with appropriate law firms to ensure legal compliance. We use federal, state, and county data to complete our demographic and voter participation analysis and draft district maps. We understand that redistricting is both a necessity and an art. It is critical to maintain compliance with federal and state regulations and ensure community cohesiveness and inclusion.

Community level engagement is critical to meeting the California Fair Maps Act best practices.

Our Team has collaborated with community organizations to reach out to underrepresented populations throughout California through events and small meetings. This work involved creating maps and infographics to share critical information within the community. Using visuals helps everyone understand the importance of redistricting and helps inform the community. The City is required to follow the regulations under the California Fair Maps Act.

GEOinovo Solutions Inc. 2 City of El Monte
The GEOinovo team values close, interpersonal, and transparent relationships with project participants at every level. We are a leading provider of innovative geospatial solutions in the field with a known reputation for performance, quality, and reliability.

We believe that our solid reputation, experience in the field, and selected staff provide the necessary services that will meet the City’s requirements and allow for a smooth transition from at-large voting to district-based voting. We look forward to working with you to meet your redistricting needs.

Please contact me if you have any questions regarding this proposal or are ready to move forward.

Sincerely,

Luciane Musa, GISP - CEO
39252 Winchester Rd. #107-125
Murrieta, California 92536
GEOinovo Solutions Inc.

Phone: 951-852-5205
Email: [email protected]

GEOinovo Solutions Inc. 3 City of El Monte

2. GEOinovo Company Profile
GEOinovo was founded in 2014 and incorporated in January 2018. We are a woman-owned, minority-owned, and small business enterprise offering exceptional geospatial analysis, data analysis, GIS and software integration, and program design services to meet the unique needs of our clients. Our team brings over 80 years’ experience and success to each project and is guided by our passion for delivering unmatched quality and unsurpassed services.

As a team comprised of talented individuals from diverse backgrounds such as GIS professionals, demographers, anthropological professionals, and former military personnel, we offer unique insight into each project. GEOinovo provides our partners with well-rounded knowledgeable staff, unique technical and project expertise, strong partnership and leadership skills, and most importantly meticulous and dedicated support. Our experience includes:
• Cartography (Mapping and
Visualization)
• Data/Database Management
• Redistricting
• U.S. Census Bureau Data
Knowledge
• GIS Architecture Design &
Implementation
• Public Hearings and Public
Outreach
• Map Production and Publication
• ArcGIS Dashboard
Configuration
• Forecasting and Modeling
Hypothetical Scenarios
California Small Business Designations:
• SB(Micro) #2009714
• WMBE #17001156
• DBE #45531
• SBE # 20159741
Unmatched in our field, GEOinovo is motivated and driven to provide unique geospatial solutions, open communications and accountability, exceptional relationships, and excellent customer service.

Year Founded:
2014
Number of Employees:
4 Location:
39252 Winchester Rd. #107-125
Murrieta, California 92536

GEOinovo
GIS &
Mapping
Redistricting
Local
Government
Analysis
Geography
Voter
Rights

GEOinovo Solutions Inc. 4 City of El Monte

2.1. La Cresta Demographics Overview
Mr. Jesus Garcia founded La Cresta in 2014 to provide demographics analysis, community outreach, and redistricting services to government agencies throughout the United States. The La Cresta team leverages over 30 years of experience and expertise in voting rights, data analysis, community engagement, and demographic analysis and presentation. La Cresta staff has supported over 20 California Voting Rights Act cases, providing subject-matter expertise in demography, voting rights, and redistricting regulations. The exceptional professional experience of La Cresta enables us to effectively communicate with policymakers and citizens every step of the way to ensure fair and equitable outcomes for all community stakeholders.

3. Experience
Demographic Mapping
The GEOinovo Team brings many years of experience with demographic mapping to this project. This experience includes redistricting many cities, school districts, healthcare districts, and other local jurisdictions across the State of California. We use data from the U.S. Census Bureau, American Community Survey (ACS), and the California Redistricting Statewide Database to populate our maps and shapefiles. Our experience includes the use of the industry recognized ESRI platform, including Esri Redistricting, Districting for ArcGIS, and ArcGIS Online. We provide maps in shapefiles, paper maps, or through the web as web maps.

Specifically, the GEOinovo Team uses the
data from the Decennial Census, American
Community Survey, and the California
Statewide Redistricting Database to analyze
population consistency and concentrations
throughout the area of interest. This includes
mapping the total population by race, ethnicity,
population over the age of 18, and Citizen
Voting Age Population by Race and Ethnicity
(CVAP). We understand the importance of
drawing districts that meet the requirements of
the Voting Rights Act such as preserving
communities of interest (COI) for fair
representation.

Voting Rights
Ensuring compliance with the Federal and California Voting Rights Acts is critical for project success and minimizing the risk of litigation. The GEOinovo Team has supported projects to update school district boundaries to meet Voting Rights Act requirements. This work included a thorough demographic analysis of the area of interest, understanding of the requirements of the Voting Rights Acts (Federal and California), district geography, voter registration, and voting trends. Federal and California Voting Rights laws apply to redistricting projects from City

GEOinovo Solutions Inc. 5 City of El Monte
Council districts to water districts. The GEOinovo Team has experience using U.S. Census Bureau data and conducting Citizen Voting Age Population (CVAP) analysis’ with consideration of the Federal Voting Rights Act requiring that a district be created that encompasses a population of 50 percent plus 1 of a racial/ethnic protected group.

Federal Voting Rights
The GEOinovo Team has worked on many voting districts projects that required deep understanding of the Federal Voting Rights Act of 1965 and its application in redistricting. The Federal Voting Rights Act established, under law, the prohibition of discrimination on the basis of race, color, or membership in one of the language minority groups. Possible violations include the creation of unusually large districts, majority-vote requirements, exclusion of members of a minority group from candidate slating processes, and other elements of redistricting. Violation of the Federal Voting Rights Act can lead to legal challenges and federal lawsuits. To minimize the possibility of litigation, the GEOinovo Team relies on our experienced staff and collaboration with legal teams, as necessary.

California Fair Maps Act Best Practices
Redistricting in California requires compliance with the California Fair Maps Act. The purpose of the Fair Maps Act is to ensure that redistricting creates maps that represent the demographic makeup of a community and prevent the dividing of communities of interest into separate districts. The GEOinovo Team is familiar with applying the many requirements and best practices of the Fair Maps Act to our redistricting projects.

The GEOinovo Team supported the redistricting of the Hacienda La Puente Unified School District while complying with the industry best practices of creating geographically contiguous districts, districts providing racial minorities with an equal opportunity to participate in the political process, without being diluted, and minimizing the division of communities of interest to the extent practicable.

Community engagement is critical to complying with the Fair Maps Act. GEOinovo uses GEODistrict to allow people in the community to submit their own community of interest (COI) areas as shapefiles. Our Team has experience working with community organizers to actively engage with the community and encourage participation in the redistricting process.

GEOinovo Solutions Inc. 6 City of El Monte

3.1.1. Staff Highlight: Demographer
Jesus Garcia is the founder of La Cresta Demographics and will be leading our demographer and statistical analysis team for the District redistricting project.

Jesus Garcia
Role Demographer
Statistical/Demographic Analysis

SAS

Census Data:

• PL94-171

• American Community Survey

• Citizen Voting Age Population

Statistician for the US Census Population Division
Demographic Mapping

Voting Laws:

• Federal Voting Rights Act 1965

• California Voting Rights Act 2001

• California Fair Maps Act 2019

3.1.2. Staff Highlights: GIS
Luciane Alex Ming
Role
Contract
Administrator
Project
Manager
Senior
Consultant
ArcGIS Pro / Desktop

ArcGIS Online

Data Management

Model Builder

Operations Dashboard

Database Management

Field Data Collection
Demographic Mapping

Statistical Analysis

Cloud Management & Deployment

SAS

Software Integration

Software Scripting

QA/QC

GEOinovo Solutions Inc. 7 City of El Monte
Council District Mapping for San Marcos
The GEOinovo Team worked with a contract demography firm for the City to prepare draft council district boundaries for new voting districts. The demographer worked with the City’s legal team to analyze local demographic data and ensure compliance with the Federal Voting Rights Act and California Voting Rights Act. Draft council district boundaries were submitted to GEOinovo GIS staff for QA/QC to ensure geographic requirements were met for voting districts.

The review process included any necessary edits to ensure city council districts were contiguous, provided in the appropriate geographic projection, contained required attribute fields, and met geometry requirements for analysis and display in web maps and printed maps.

In this case, attention to detail was very important to ensure accurate and useful geometry for the approved council districts. The GIS staff utilized local knowledge and expertise to align approved district boundaries with street centerlines, parcel boundaries, and city limits. These edits have proven to be very useful to elected officials verifying addresses and streets within individual districts and to the City Clerk staff responding to public requests for council district information via the Council District web map.

Figure 1 Interactive web map of City Council Districts in San Marcos, CA. The link to the interactive web map is located here.

GEOinovo Solutions Inc. 8 City of El Monte
Redistricting Trainings & Public Informational Sessions The GEOinovo Team has experience providing various forms of trainings and informational sessions to the public and customer organizations. Our experience includes:
• Formal presentations to City Councils and Boards of Directors. • Informal workshops providing an inclusive environment for the public to ask questions and participate in the redistricting process.
• Presentations of the maps and data analysis to community groups. • Demonstrations of digital mapping tools.
• Demonstrations of informational tools including dashboards.

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Figure 2 The slides above are from our various presentations regarding Voting Rights, Community Engagement, and
providing a GIS Dashboard to improve transparency during redistricting efforts.

GEOinovo Solutions Inc. 9 City of El Monte

3.2. Proposer’s Experience with Census Tract Data
The GEOinovo Team has many years of experience working with Census Tract data for GIS and demographic analysis projects. Census data was used to provide demographic mapping and analysis data to public safety dispatch centers to better understand the communities they serve and identify areas where service can
be improved, especially for
communities with significant
quantities of non-English speakers.

We have collaborated with local
governments to identify census tracts
and block groups eligible for federal
Community Development Block
Grants (CDBG), specifically for the
development of affordable housing
for low- and moderate-income
residents.

Census tract and block data are the
foundation for mapping and
statistical analysis for redistricting
projects. The GEOinovo Team has
provided services for school
districts, county board of supervisors,
city council districts, fire districts,
community college districts, and
more.

4. Solution Overview
The GEOinovo Team proposes the following project progression: (1) project planning and demographic analysis, (2) community meetings/hearings/input, (3) create and evaluate draft maps, (4) submit three draft/proposed maps and boundaries for final evaluation, and (5) adoption of the final map.

We incorporated best practices of the Fair Maps Acts to maximize transparency. All of the criteria are implemented "to the extent practicable". The City is required to follow the requirements of the California Fair Maps Act. To follow the Fair Maps Act, the City will have to provide five (5) community engagement meetings. The City will be responsible for scheduling and holding these meetings. The GEOinovo Team will attend the community engagement meetings remotely.

4.1. Demographic & Statistical Analysis
Demographic and statistical analysis starts with data collection. We use Census Bureau Data from the American Community Survey, Redistricting Data from the California Statewide Redistricting Database, and Data from the County Registrar of Voters. Combining these data allow for a complete understanding of the City. After the initial maps and geospatial analysis are Figure 3 The above map provides a population density
analysis using 2010 Census Block data using ESRI
software.

GEOinovo Solutions Inc. 10 City of El Monte
completed, it is critical to engage with the community to better understand the reality of communities of interest (COI) on the street level.

4.2. California Fair Maps Act Requirements
Adopted district boundaries shall adhere to the following criteria in the following order of priority.
1) Districts shall be geographically contiguous.
2) Districts shall maintain the geographic integrity of local neighborhoods or Communities of Interest.
3) To the extent practicable, maintain geographic integrity and minimize the division of cities or census designated places.
4) Districts shall be drawn to encourage geographical compactness. This should be done to the extent practicable as long as it does not conflict with the preceding criteria.

4.3. GEODistrict Software
GEOinovo developed our proprietary web mapping tool, GEODistrict. This tool was developed to support our redistricting efforts and meets the community engagement requirements of the California Fair Maps Act. GEODistrict enables community members to share their input in the redistricting process by identifying geographic areas that are important to them. The tool provides basic functionality to create or edit election districts or Communities of Interest (COI) and submit those areas for consideration when creating new election districts after the release of the decennial census. GEODistrict is used for all types of redistricting projects, including cities, counties, school districts, transportation districts, healthcare districts and municipal water districts. The simple interface enables the public to provide their input for districts and communities of interest that accurately reflect local priorities. Community input submitted via the GEODistrict web mapping tool is a useful resource for demographers to create districts that comply with relevant voting laws and provide fair and equitable representation to all residents.

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GEOinovo Solutions Inc. 11 City of El Monte

Figure 4 The above graphic shows the interface of the GEODistrict mapping tool. This sample map shows population-balanced city council districts for Marine Healthcare District.

5. Scope of Work
The GEOinovo Team anticipates the following schedule for the scope of work. Should changes be required, we will work with the City.

Throughout the project we will:
• Assist the City as may be required in all facets of developing and implementing the final district boundary, map, including submittal of maps to the Registrar of Voters. • Actively participate and present information (as needed) in all meetings/hearings. • Review and advise on the City’s redistricting process and final map to ensure compliance with the federal, state, and local laws.

Task 1: Project Planning with Draft Demographic & Statistical Analysis Summary: Project Planning, Draft Demographic Maps, Public Hearings/Meetings.

Tasks:
• Initial meeting with the City Council.
• Advise and educate the City Council regarding the redistricting process, including all applicable federal and state laws.
• Assist with the preparation of reports and presentation materials for public hearings. • Develop a project calendar for the redistricting meetings in coordination with City staff.

GEOinovo Solutions Inc. 12 City of El Monte
• Data acquisition in preparation for demographic and statistical analysis.

Task 2: Community Meetings/Hearings/Input
Summary: Identification of communities of interest (COI), Public Hearings/Meetings Tasks:
• Educate and inform the City Council in a public setting on the redistricting process, Federal Voting Rights Act, California Voting Rights Act, and other applicable election laws. • Configure the GEODistrict web mapping tool for the City and the public to draw their own district boundaries and guide users in complying with applicable laws and requirements. • Provide trainings for GEODistrict in an objective, non-partisan informational manner, and not attempt to persuade the participants in any way. during the public engagement events.

Train City Staff on how to use the tool. Trainings will be provided remotely. • Assist with the preparation of reports and presentation materials for public hearings.

Task 3: District Map Iterations of Potential Boundaries Summary: Data processing of U.S. Census Data from PL94-171 Redistricting Data. Process additional community drawn maps.

Tasks:
• Evaluate draft maps prepared by the City Council and the public to ensure they are population balanced and satisfy the requirements of the Voting Rights Acts and other applicable elections laws.
• Assist with the preparation of reports and presentation materials for public hearings. • Provide data summary files to the City Council, and update any digital interface previously used for demonstration and informational purposes to reflect the 2020 U.S. Census data. • Make modifications to draft district boundary maps based on input from the City and the community.
• New district boundaries will undergo quality checks to ensure that districts adhere to easily recognizable landmarks and physical designations for each district. • Upon assessment of draft district boundaries, we will propose alternatives as needed to comply with applicable laws and requirements.

Task 4: Presentation Support of Potential Maps to the City Summary: Presenting the draft map options to the City Council.

Tasks:
• Final evaluation of proposed districts and final adjustments to bring the maps into compliance with state and federal voting laws prior to presentation to members of the City Council.
• Assist with the preparation of reports and presentation materials for public hearings.

Task 5: Adoption of Final Map
Summary: Final map presentation and adoption of the final plan approved and implemented.

Tasks:
• Assist with the preparation of reports and presentation materials for public hearings.

GEOinovo Solutions Inc. 13 City of El Monte
• All updated GIS data shall be provided to the City in ESRI shapefile format and be in State Plane Coordinate System California Zone V – NAD 83.
• Assist the City Council and City staff as may be required in all facets of developing and implementing the final district boundary map. Data will be provided to City staff for final submission to required government entities.

Optional Dashboard
The GEOinovo Team offers a map-based GIS dashboard as part of the services for the redistricting process. The dashboard is a powerful tool that enables the City Council, residents, and community members to visualize complex demographic data in an interactive and approachable way. The dashboard enables the user to view demographic and population data for current districts and compare them to proposed district boundaries based on the latest U.S.

Census data. We are excited to offer this capability to the City for increased transparency throughout the redistricting process.

Figure 5 ArcGIS Dashboard displaying district boundaries and demographic data for the Fresno County Board of Supervisors. Interactive charts and graphs are combined with a map to communicate demographic and spatial information in one easy-to-use web tool.

Assumptions
The GEOinovo Team will:
• Analyze Census data, statistics, and demographics.
• Provide a user-friendly experience for the public and the City Council for map and boundary drawing.
• Inform the City if we identify possible redistricting violations during the map drawing process.
• Provide mapping software training online to the public for map submissions.

GEOinovo Solutions Inc. 14 City of El Monte
• Evaluate the draft maps prepared by various individuals and entities to determine whether they are population balanced and satisfy the requirements of the Voting Rights Act.

Employ any software necessary, including statistical software and GIS software to create district maps, analyze Census data, statistics, and demographics, and provide the City with reports as requested and required.

City Responsibilities
The City will be responsible for the following:
• Schedule and hold five (5) community outreach meetings in a timely manner to incorporate public comments into the analysis and for transparency. • Community outreach and engagement activities will be managed or contracted separately by the City.
• The City will be responsible for providing translation/interpretation services to the community.

5.1. Timeline
The following timeline provides an overview of the anticipated tasks and duration for each phase of the redistricting process. We have assumed a start date of February 7th, 2022. Once we have the actual start date, we will work with the City to adjust, as necessary. The schedule below is a sample and is subject to change. The final schedule will be completed during Task 1: Project Planning and Draft Demographic & Statistical Analysis.

GEOinovo understand the project will need to be completed before 4/17/2022. The team will work with the City to adjust the schedule.

GEOinovo Solutions Inc. 15 City of El Monte

6. References
Hacienda La Puente Unified School District
REDISTRICTING: HACIENDA LA PUENTE UNIFIED SCHOOL

DISTRICT
Reference Contact
Name Gilda Ochoa Title Chair
Group/Division Juntos Podemos Phone 626-646-6826
Email [email protected]
Address P.O. Box 3782, La Puente, CA 91744
Date of Project August 2019 to March 2020
Project Summary
Juntos Podemos is a community based organization that was responsible for coordinating the community engagement with regard to the redistricting of the Hacienda La Puente Unified School District.

The GEOinovo Team provided Demographer/Statistician services on behalf of the community of the Hacienda La Puente Unified School District. This work included demographic analysis, community engagement, participation in public hearings, producing district maps using input from the community, and implementing best practices of the California Fair Maps Act prior to its official passage into law.

The District was under threat of lawsuit under the State of California Voting Rights Act (CVRA) to eliminate at-large voting for board members. Legal changes in redistricting required the District to redraw their council districts to improve protected minority representation. To engage with both the board and the community, the GEOinovo Team provided statistical and demographic analysis of the proposed council districts and produced maps to help the board and the community better understand issues with the district boundaries.

Figure 6 The above demographic maps show the percentage of the population that is Latino and Asian in the Hacienda La Puente Unified School District. Mapping demographic data provides an excellent visual tool to present data to the Board of

GEOinovo Solutions Inc. 16 City of El Monte
Supervisors and the community. In this example, the district boundaries accounted for the percentage of a specific area that is made up of a majority racial/ethnic population.

The redistricting process followed the following progression: (1) demographical and statistical analysis of the population in the District, (2) mapping communities of interest (COI), (3) community meetings/hearings/input, (4) creating three map iterations of the potential district boundaries, and ( 5) presenting potential maps to the board of education.

Our methods for community engagements are similar to the processes now required by the California Fair Maps Act. Each stage in the process is critical for meeting the California Fair Maps and Section II of the Federal Voting Rights Acts best practices and regulations. The GEOinovo Team has experience suppor ting these best practices.

Whittier Union High School District
REDISTRICTING: WHITTIER UNION HIGH SCHOOL DISTRICT
Reference Contact
Name George Prather, PhD Title Project Manager
Group/Division Whittier Voters Coalition Phone 323-696-5091 Email [email protected]
Address 6055 Bright Ave, Whittier, CA 90601
Date of Project January to December 2018
Project Summary
The Whittier Voters Coalition is a community based organization that was responsible for coordinating community engagements with regard to the redistricting of the Whittier Union High School District.

The GEOinovo Team provided Demographer/Statistician services on behalf of the community of the Whittier Union High School District. This work included demographic analysis, community engagement, participation in public hearings, producing district maps using input from the community, and implementation of bes t practices of the California Fair Maps Act prior to its official passage into law.

The District was under threat of lawsuit under the State of California Voting Rights Act (CVRA) to eliminate at-large voting for board members. Legal changes required the District to redraw their board districts to improve representation of protected classes. To engage with both the board and the community, the GEOinovo Team provided statistical and demographic analysis of the proposed districts and produced maps to help the board and the community better understand issues with the district boundaries.

The redistricting process followed the following progression: (1) demographic and statistical analysis of the population in each District, (2) mapping communities of interest (COI), (3) community meetings/hearings/input, (4) creating two map iterations of the potential district boundaries, and (5) presenting potential maps to the Board of Education.

GEOinovo Solutions Inc. 17 City of El Monte
Our methods for community engagement are similar to the processes now required by the California Fair Maps Act. Each stage in the process is critical for meeting best practices and regulations of the California Fair Maps Act and Section II of the Federal Voting Rights Act. The GEOinovo Team has experience supporting these best practices.

Figure 7 The above maps show the work the GEOinovo Team completed to re-do the voting districts produced by a different firm (the Teal map on the right). The redistricting map to the left – by the GEOinovo Team – accounts for voter location data as a core component for preserving communities of interest. Both maps represent the spatial concentration of geocoded individual registered Latino voters by competing proposed districts in Whittier Union High School District. As a result of the updated map, the community of Los Nietos Santa Fe Springs has achieved fair representation for the first time.

San Diego Regional Public Safety GIS Program

SAN DIEGO REGIONAL PUBLIC SAFETY GIS PROGRAM
Reference Contact
Name Jennifer Libby-Jones Title Communications Manager
Group/Division North County Dispatch
JPA Phone (858) 400-2803
Email [email protected]
Address 16936 El Fuego, Rancho Santa Fe, CA 92091
Date of Project September 2017 to June 2021
Project Summary
The GEOinovo Team provided staff for the RPSG project both for regular staff augmentation as well as additional project support. We staffed the project with three remote positions. The Regional Public Safety

GEOinovo Solutions Inc. 18 City of El Monte
Geodatabase Program aims to create standardized data, products, and geospatial services for fire, medical, and law enforcement personnel within San Diego County. Our talented team provided services in modeling, designing, documenting, programming, maintaining, and testing Geographic Information Systems (GIS) applications, models, procedures, and software routines to automate geographic analysis and data processing.

Our responsibilities included budget oversight duties, geodatabase design, administration, and automated processing tools, including GIS programming, managing the successful deployment and maintenance of many GIS deliverables.

While this project directly benefitted the public safety agencies, the contributions and work performed by the GEOinovo Team expanded and touched multiple aspects of the County, including transportation planning, traffic, construction, utility management, impact forecasting, community relations, and more. This project included significant effort and work across multiple sub-projects. For clarity we have provided a summary of the demographic services we performed.

Demography and Analysis
The role of demographics in Fire Safety is a crucial aspect of serving our communities better. In support of public safety, the GEOinovo Team performed a demographic, geospatial analysis of the communities supported by RPSG. We obtained demographic data from the U.S. Census Bureau for the area each dispatch center supported. This data included population count, language spoken, race, age, and g ender. Using the Census data, we determined which dispatch centers would need to improve their services to meet the needs of the predominate language spoken in that area.

With new developments throughout the county, a population growth study was needed t o analyze what areas may need additional support. More than two thousand preplan fire maps were created to identify buildings, types of occupancies, and assist firefighters with emergency response planning. U.S. Census Bureau statistics data were used to quantify the number of homes without smoke alarms. This data was used by the California Fire Prevention Organization to install free smoke alarms. Fire statistics were collected after wildland fires.

These data included the number of burned acres of land, structures destroyed, the number of casualties, people evacuated, and evacuation shelters used. The GEOinovo Team developed an incident dashboard that provided fire incident statistics such as structure, vehicle, vegetation, trash, property, and unclassifie d fires. The GEOinovo Team created and updated various maps such as the Fire Protection District Boundaries, fire responsibilities areas, and Fire Station Locations.

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GEOinovo Solutions Inc. 19 City of El Monte

7. Staff Overview
We have assembled a team of experienced staff to provide full Demographer, GIS, and Mapping services for this project. Combined, our Team has more than 80 years of experience with demographic analysis and GIS. Our demographic services include experience with the Redistricting Database for the State of California and experience communicating data summary results to public policy decision makers. We provide GIS services from GIS data cleanup to advanced GIS analysis and modeling. As a technologically forward-thinking Team we strive for process improvement and automation of GIS, database, and data management functions through software development, widget creation, and scripting. Our Team supports demographic projects with statistical analysis, reports, and understanding of voter requirements for both the U.S.

Federal Government and the California State Government. We work collaboratively to bring these technical components together for products that are easy for policy makers to understand and share with the public. To support our technical staff and partners, we offer Project Management expertise in GIS and software development. The organizational chart below includes both staff and subcontractors who will support District.

7.1. Organization Chart
Below is the anticipated project organization.

Luciane Musa: Contract Administrator – responsible for project coordination, schedule adherence, cost adherence, risk mitigation, compliance with scope of work, and any other project management related tasks.

Jesus Garcia: Demographer / Subcontractor – responsible for demographic and statistical analysis, consulting on the compliance with the Federal and State redistricting laws, best Luciane Musa
Contract
Administrator / CEO
Alex Sainz
Project Manager
Ming Hsueh
Sr. Consultant
Jesus Garcia
Demographer /
Subcontractor

GEOinovo Solutions Inc. 20 City of El Monte
practices, and compliance. He will attend community engagement meetings, work closely with District Staff.

Alex Sainz: Project Manager / Senior Consultant – responsible for project coordination, schedule adherence, compliance with scope of work and any project management related tasks.

Will work closely with District Staff. He will support the mapping of the draft and final district maps and will attend community engagement meetings whenever needed.

Ming Hsueh: Senior Consultant – responsible for processing the community maps and outreach data.

7.2. Staff Resumes

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GEOinovo Solutions Inc. 21 City of El Monte
Languages - Portuguese

Highlights
Years of
Experience
20 years
Education
• B.A. Geography /
Geographic Information
Systems University of
Alabama, Tuscaloosa, AL
Certifications
• Geographic Information
System Professional (GISP)
Certified
• Project Management
Professional Academy
Certification
Accomplishments
• Managed the San Diego
GIS Public Safety (RPSG)
Data Warehouse that
supports over fifty local
government agencies.
• Architected and
implemented an Enterprise
GIS System that included:

Cloud Technology,
ArcServer, Portal,
GeoEvent, Image Server,
ArcGIS Online, SQL &
SDE Databases,
establishing standards, best
practices, and training.

Languages
• Arabic
• Portuguese
• Spanish

LUCIANE MUSA
Summary
Ms. Musa is the CEO and Founder of GEOinovo, where she oversees strategic direction, company operations, and strategic relationships. Going beyond her duties as CEO, Ms. Musa is a certified GISP and acts as a Project Manager and Senior GIS Analyst on company projects. A pioneer in her field, Ms. Musa helped mold the Spatial Data Standards for Facilities, Infrastructure, and Environment (SDSFIE) requirements that govern the data standards per Department of Defense (DoD) policy. She established geospatial standards, implemented and maintained GIS system architectures, and created workflow processes. She heads projects across various fields, including environmental, public works, utilities, engineering, transportation, military training initiatives, real estate, and public safety.

Selected Experience
GIS System Administrator/Project Manager, San Diego Regional Public Safety (RPSG) GIS Program
Ms. Musa’s responsibilities included preparing GIS data to be consumed by Tritech 911 CAD and Mobile MDCs and editing public safety data such as Address Points, Street Centerlines, Buildings, and Hydrants. She reconciled, validated, and ensured data accuracy in support of three 9-1-1 Dispatch Centers within San Diego County and managed the GIS Public Safety Repository Database for the entire county. She was responsible for the maintenance and administration of GIS software such as GIS SDE and SQL databases. She published and managed web services from ArcGIS Server, Portal, and ArcGIS Online. In addition, she designed, planned, and implemented an improved GIS architecture to support advanced GIS software and extensions, providing the ability to scale to meet future GIS needs. Her work ensured the County transitioned to NextGen 911 requirements to make sure data is compliant with NENA Standards.

Senior GIS Analyst, Heartland Communications
Ms. Musa created, updated, and edited emergency response GIS data, and processed GIS requests. Her responsibilities included processing data in the Tritech CAD system GISLink for 911 dispatchers and first responders. She validated and ensured data accuracy from field data and contractor’s deliverables and generated Fire Map books to be utilized in the fire trucks. Map books deployed to 100+ vehicles as a reference and back-up to existing digital systems.

GIS Coordinator, N|V|5
Ms. Musa was the GIS Coordinator for NV5. She set up ArcGIS Server enabling the creation of web services to support real time field data collection. She was responsible for the ArcGIS Portal administration and provided GIS training. She migrated the database from PostgresSQL (open source) into SQL Server Enterprise database. Her work improved workflow productivity by 70%.

GIS Skills Cartography, GIS Architecture Design &
Implementation, Data Management, Enterprise GIS
GIS Technology Esri Suite: ArcGIS Pro, ArcGIS Online, ArcGIS Extensions: Utility Network, ArcServer, GeoEvent and
Image Server, Drone2Map, Pix4D, Lidar, 3D Analyst,
Business Analyst, Dashboard, Image Analyst, Network
Analyst, Spatial Analyst
Programming Software Integration, Programming / Scripting, Python, SQL, Web app development for mobile field application,
Cloud Technology Amazon Web Services, Microsoft Azure
Database SDE, Enterprise SQL, Oracle, Access
Asset Management
and Inventory
Maximo, DocScout, iNFADS
Data Collection Trimble, Leica, Collector for ArcGIS, Survey 123

GEOinovo Solutions Inc. 22 City of El Monte

Highlights
Years of Experience
34 years
Education
• Bachelor of Arts in Political
Science, University of
California Santa Barbara
(UCSB), Santa Barbara, CA
• Master of Arts in Urban
Planning University of
California Los Angeles
(UCLA), Los Angeles, CA
• Certificate of Geographic
Information Systems,
California State University,
Bakersfield, CA
Skills Highlights
• U.S. Census Data Analysis
• Boundary Redistricting
• California Voting Rights
Act establishment of board
member districts areas
• Outreach Representative
Accomplishments
• Demographer and GIS
Analyst in over twenty
California Voter Rights Act
Lawsuits
Language
• Conversational Spanish

JESUS GARCIA
Summary
Mr. Garcia is a seasoned U.S. Census data demographer, voter redistricting researcher, and GIS analyst. His background and experience includes PL94 -171 U.S.

Census data, American Community Survey (ACS), the Redistricting Database for the State of California, K-12 education data, and SAS programming on large databases. Mr. Garcia’s ability to communicate data summary results to policymakers and the public make him a valuable collaborator in strategic planning and community engagement efforts. He has demonstrated his abilities as a leader throughout his career, managing staff with diverse backgrounds and abilities.

Selected Experience
Demographic Statistician, U.S. Census Bureau Washinton, DC – Population Division, Economic Census Division, Data User Services Division Mr. Garcia performed final review of the 1990 Census statistical variables for Hispanic Origin, Place of Birth, Year of Entry, Citizenship, and Ancestry. He analyzed Economic Census Surveys of Minority Owned Businesses (SMOBE) and Women Owned Businesses (WOB) P-20 Series Current Population Survey (CPS) reports on the U.S. Hispanic Origin Population. He was the Spokesperson for the TIGER Files census data collection geographic boundary layers.

Partnership Specialist, U.S. Census Bureau, Los Angeles, CA Field Division Mr. Garcia encouraged collaborations among community organizations, local governments, school districts, and local business to support Hard to Count (HTC) community outreach efforts for the 2020 Census.

Chair Data Technology Committee, Kern Census Complete Count Committee
Mr. Garcia provided data analysis and GIS support in preparation for contacting Hard to Count (HTC) communities during the 2020 Census.

Consultant, Dolores Huerta Foundation (DHF)
Mr. Garcia performed data analysis for various community and voter engagement projects. Established the GIS department and led the DHF effort in Kern County, California during the 2020 Census.

Reasearch Assistant, Los Angeles Community College District (LACCD) As a Research Assistant, Mr. Garcia performed analysis and wrote his master’s thesis based on the California Basic Educational Data Systems (CBEDS) data collection process and the R30 Language Census program implemented by the California Department of Education. Analysis tools included the Statistical Package for the Social Sciences (SPSS) and first-generation GIS software on a PC. These innovative analysis tools were used to study the need for bilingual education in LACCD institutions in response to Immigration Reform and Control Act of 1986.

GIS Skills Cartography, Geodatabase Design, Data Management, GIS Analysis, Field Applications, Infographics
GIS
Technology
ArcGIS Pro, ArcMap, ArcGIS Online, Business Analyst,
Dashboard, Districting for ArcGIS
Database SQL, SDE, SAS
Data
Collection
Collector for ArcGIS, Survey 123
Demographic
Skills
Analysis, Cartography, Redistricting, California Voting Rights (CVR) Act, Hard to Count Communities (HTC), Community
Outreach

GEOinovo Solutions Inc. 23 City of El Monte

Highlights
Years of Experience
12 years
Education
• Bachelor of Arts in
Geography – Urban and
Regional Analysis, San
Diego State University, San
Diego, CA
Accomplishments
• San Diego Regional GIS
Council (SDRGC)
Chairperson (previously
Vice Chairperson and
Secretary).
• Esri User Conference
Presenter.
• Public/Private/Education
Partnership for Unmanned
Aerial Systems (UAS) with
Palomar College.

Presentations
• San Diego Regional GIS
Council, Enterprise GIS for
City Operations.
• Palomar College, migrating
from ArcMap to ArcGIS
Pro Presentation/Training:

Migrating from ArcMap to
ArcGIS Pro.
• 2014 Esri User Conference

ALEX SAINZ

Summary
Mr. Sainz is a seasoned GIS professional who serves as a GIS Administrator and Senior GIS Analyst for GEOinovo. His skills and abilities include ArcGIS Enterprise services and applications, database management, on-premise and cloud- based solutions, web services, data integration, and much more. He has first hand experience working with local governments in Southern California. Mr. Sainz possesses the ability to communicate technical concepts to stakeholders at all organization levels, from the executive team to field staff. Beyond the creation and modernization of the GIS infrastructure, Mr. Sainz is an expert data manager, able to create compelling, relevant reports to ensure project adherence, as well as driving decision making through actionable data.

Selected Experience
GIS Administrator/Analyst, City of San Marcos
Mr. Sainz managed and prioritized wide-ranging projects and data requirements along with managing expectations throughout the organization. His position demanded sufficient technical, collaboration, and leadership abilities to operate as a one-person GIS operation. He was responsible for project and database management and lead an ArcGIS Enterprise deployment resulting in increased accessibility to data and apps throughout the organization. Mr. Sainz managed web services, database management, and ArcGIS integration with the City’s asset management, land management, and records management systems.

As the City’s GIS Administrator, Mr. Sainz oversaw editing and quality control operations for city council districts. The review process included any necessary edits to ensure city council districts were contiguous, contained required attributes, and met geometry and projection requirements for analysis and display in web and printed maps.

GIS Specialist/Coordinator, City of Chula Vista
Mr. Sainz collaborated with technical and operational personnel, communicated project updates to leadership, and represented the City at regional project meetings/committees. He tested and implemented GIS automation and workflow tools and leveraged innovative solutions such as Attribute Assistance for ArcMap.

Mr. Sainz modernized two decades of legacy data in under two years. The long-term results of his work have provided high-quality GIS data to first responders throughout San Diego County.

GIS Specialist, Heartland Communications
Mr. Sainz provided the professional GIS Services required to maintain mission- critical GIS data in a location-based 9-1-1 CAD system. Responsibilities included maintaining 9-1-1 routing, response areas, address data and representing member agencies in the Regional Public Safety GIS (RPSG) program.

GIS Skills Cartography, Geodatabase Design and Administration, Data Management, Enterprise GIS, Field Applications, Infographics GIS
Technology
ArcGIS Pro, ArcMap, Model Builder, Attribute Assistant, Attribute Rules, ArcGIS Online, ArcGIS Server, Business Analyst, Dashboard, Web AppBuilder, ArcGIS Extensions: Utility
Network, Network Analyst, Spatial Analyst
Database SQL, Enterprise Geodatabase
Application
Integrations
Lucity, TRAKiT, Laserfiche, TriTech Software Systems
Data
Collection
Trimble, Collector for ArcGIS, Survey 123

GEOinovo Solutions Inc. 24 City of El Monte

Highlights
Years of
Experience
25 years
Education
• M.S. Mechanical
Engineering/Control
Systems, California State
University, Fullerton, CA
• B.S. Mechanical
Engineering/Control
Systems, University of
California, Los Angeles,
CA
Certifications
• Certification Project
Management Professional
Academy
Accomplishments
• Developed a process to
update hundreds of GIS
public safety mobile
computers resulting in a
90%-time savings.
• Implemented an MS SQL
system to create multiple
backups and restore files
reducing the backup and
restore times by up to 40%.
• Tuned SQL queries to work
with sets and improved
processing times from 7-8
hours to less than 10
minutes.

Language
• Conversational Mandarin
Chinese

MING HSUEH
Summary
Mr. Hsueh is a talented and experienced Developer, Programmer, and DBA with an innate ability to understand all things within information technology, streamline and automate processes, and create and develop applications. His contributions to clients increase productivity by modernizing and automating manual processes to save time and reduce errors. His extensive professional history includes in-depth work with relational databases and program development focused on SQL Server, Microsoft Stack, and .Net Framework/.Net core.

Selected Experience
Sr. GIS Analyst/Developer, RPSG
Mr. Hsueh assisted in the development of the data score card and developed applications to consume SABER and WAZE API data. He analyzed database structures and rewrote data analytics to accelerate the data calculation process from a task that previously took over 1 hour to less than 30 seconds.

GIS Analyst/Developer, Heartland Communications
Mr. Hsueh served as the GIS Analyst/Developer of Heartland Communic ations. In this role he georeferenced new communities and updated and enhanced Heartland Communications routing layers. Mr. Hsueh developed a one-click deployment application utilizing Visual Studio Dot Net to simplify the MDC update process for the fire agencies when the new monthly routing was to be deployed.

IT Development Lead, City of San Diego
Mr. Hsueh developed and implemented various REST and SOAP APIs for multiple process improvements and enhancements, including the sales of GIS tracking module by the entire Sales Team. He implemented a Financial Calculation improvement that took a 7-day process down to 20 minutes.

Senior SQL Developer/Programmer/DBA, Buffini & Company
As the Senior SQL Developer, Mr. Hsueh migrated over 50 reports from Crystal Reports to Microsoft SQL SSRS. He analyzed, redesigned, and simplified the sales commission’s application to allow the accounting department to manage 99% of the commissionable sales without the IT department’s assistance.

Senior Business Analyst, Abbott Vascular
Mr. Hsueh was the technical lead for the team that developed Abbott Vascular’s Business Process Scorecard (BPS) used to analyze and present the various departments’ performance at Abbott Vascular.

GIS Skills Cartography, GIS Architecture Design & Implementation, Data Management, Enterprise GIS
GIS Technology Esri Suite: ArcGIS Pro, ArcGIS Online, ArcGIS Extensions: Utility, ArcServer, GeoEvent and Image
Server
Programming Visual Studio, Entity Framework, C#, C++, Visual Basic, Language Integrated Query (LINQ), Software Integration, GitHub, TFS, VBA, Windows Communication
Foundation (WCF), REST APIs, SOAP APIs, JSON,
XML, ASP.NET, Model-View-Controller (MVC),
Windows Forms, Windows Presentation Foundation
(WPF)
Cloud Technology Amazon Web Services, Azure Cloud Services Database Microsoft SQL Server, T-SQL, Stored Procedures, Triggers, Service Broker, SSIS, SSRS, MS Access, MS
FoxPro

GEOinovo Solutions Inc. 25 City of El Monte

8. Cost Proposal
GEOinovo proposes a fixed fee of $47,000 for the scope of work detailed in this proposal.

Additional services outside of the items summarized below will be charged using the Labor Categories and Hourly Rates detailed below. The City Council and City Staff is encouraged to meet with our Team at any time throughout the project. All meetings related to the project with the City Council and City Staff are included in the Scope of Work Cost.

Scope of Work Tasks Cost (USD)
Task 1: Project Planning, Draft Demographic & Statistical Analysis Included in the Fixed Fee Task 2: Community Meetings/Hearings/Input
• 5 community meetings, Included in the Fixed Fee
Task 3: District Map Iterations of Potential Boundaries Included in the Fixed Fee Task 4: Presentation Support of Potential Maps to the City Included in the Fixed Fee Task 5: Adoption of Final Map Included in the Fixed Fee Digital Mapping Software: GEODistrict – Community Input Maps Included in the Fixed Fee Redistricting Overview Dashboard Included in the Fixed Fee Community Input Map (Light weight mobile app) Included in the Fixed Fee Fixed Fee $47,000

Labor Categories Hourly Rate (USD)
Demographer $280
Senior Consultant $250
Consultant $200
Project Manager $180
Technical Writer $150
Analyst $100
Clerical $50

GEOinovo established our pricing based on the following project assumptions:

1. Attend up to 5 community meetings/hearings, remotely using video conferencing software, to meet California State Regulations.

2. If the City requires in-person meetings, GEOinovo will charge an additional $1,300 per meeting per analyst

3. GEOinovo will use Esri, Inc. for GIS analysis and mapping, SAS for statistical analysis, and GEODistrict for public engagement.

4. Public meetings will be schedule based on GEOinovo availability.

Contract No.
1 2021

PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of El Monte)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2021 (hereinafter, the “Effective Date”) by and betwe en the CITY OF EL MONTE, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME, (hereinafter, “CONSULTANT”).

For the purposes of this Agreement, CITY and CONSUL TANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and

WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to co mpetently provide such services to CITY; and

WHEREAS, the execution of this Agr eement was approved by the El Monte City Council at its Regular Meeting of ___, 2021 under Agenda Item No. _____.

NOW, THEREFORE, for and in consi deration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

I.

ENGAGEMENT TERMS

1.1 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and ta sks described in that certain written proposal of CONSULTANT entitl ed “INSERT TITLE OF PROPOSAL” (hereinafter, the “Scope of Work”) dated INSERT DATE OF PROPOSAL.

The Scope of Work is atta ched and incorporated hereto as Exhibit “A”.

The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Sc ope of Work. In the event of any conflict or inconsistency between the pr ovisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.2 PROSECUTION OF WORK:

Contract No.
2 A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY’s issuance of a Noti ce to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before INSERT COMPLETION DATE (the “Completion Date”);

B. CONSULTANT shall c ooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CO NSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;

D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and

E. CONSULTANT, at its sole expense, s hall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoi ng notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Su m prior to the expiration of this Agreement, CITY may suspend CONSUL TANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks comple ted during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the am ount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, 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 day s of receipt of each invoice, CITY will notify CONSULTANT in writi ng of any disputed amounts included in the invoice.

Within forty-five (45) cal endar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoic e. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

Contract No.
3 1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will fu rther have the right to audi t such records, to make transcripts therefrom and to inspect a ll program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediatel y and without delay, all materials, records and other work product prepared or obtained by CONS ULTANT in the performance of this Agreement. Furthermore, CONSULTANT will 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 ded uction for any damages, costs or additional expenses which CITY may in cur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATI VE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “Cit y Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to ac t as its representative for the performance of this Agreem ent (hereinafter, “Consultant Representative”).

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will super vise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and proc edures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CO NFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CI TY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.

2.4 STANDARD OF CARE; PERFORMA NCE OF EMPLOYEES: CONSULTANT Contract No.
4 represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;

B. CONSULTANT shall at all times empl oy such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits est ablished, and as provided herein. It is understood and agreed that said tools, equipmen t, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subjec t to the approval of the CITY’s authorized representative;

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;

D. CONSULTANT will 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.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;

E. CONSULTANT underst ands the nature and scope of the Work to be performed under this Agreement as we ll as any and all schedules of performance;

F. All of CONSULTANT’s employ ees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits , certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense a nd without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with t he standard of care set forth under this Section or by any like failure on the par t of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be comp leted within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the Contract No.
5 CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s a cceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to t he highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications an d capabilities of the person(s) who will perform the services and tasks to be under taken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In re cognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY . In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL : CONSULTANT has represented to CITY that certain key personnel will perform and coordi nate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other per sonnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperat ive, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed fr om the Project by the CONSULTANT at the request of the CITY. The key pers onnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be perfo rmed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of perform ing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONS ULTANT reserves the right to perform similar or different services for other principals duri ng the term of this Agreement, provided such work does not unduly interfere wit h CONSULTANT’s competent and timely performance of the Work c ontemplated under this Ag reement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of Contract No.
6 CITY and will at all time s be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxe s, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontra ctors or subconsultants is determined by the CITY Representative to be uncoop erative, incompeten t, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsul tant will be promptly remo ved by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise gover n the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and app licable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CO NSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race , religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all per sons retained or employed by CONSULTANT are, and will at all times remain, who lly independent contractors and are not officials, officers, employees , departments or subdivisions of CITY.

CONSULTANT will be solely responsible fo r the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or lia bility of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such au thority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURA NCE: Prior to the beginning of and Contract No.
7 throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procur e and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insu rance: CONSULTANT will procure and maintain Commercial General Liabilit y Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will pr ocure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Li ability, Code 1 (any auto). Such Automobile Liability Insurance sha ll 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/ Empl oyer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of Californi a and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any in juries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: Fo r the full term of this Agreement and for a period of three (3) years therea fter, CONSULTANT will procure and maintain Errors and Omissions Liab ility Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIR EMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All vari eties of insurance required under this Agreement will be procured from insurers ad mitted in the State of California and authorized to issue policies directly to Ca lifornia insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edi tion of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Contract No.
8 Workers’ Compensation Insurance/ Employ er’s Liability Insu rance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will 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 will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insura nce coverage provided pursuant to this Agreement will not prohibit CONSULTA NT or CONSULTANT’s officers, employees, agents, subcontract ors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CO NSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, th e collective well-being of t he residents of the CITY.

Accordingly, CONSULTANT warrants, r epresents and agrees that it will furnish CITY with original certif icates of insurance and endor sements 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 will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with thes e specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obt ain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amo unts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTAN CES. CITY reserves the right to modify these requirements, including limits, based on t he nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, Contract No.
9 employees, agents and volunteers (hereinafte r, 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 c onstrued to provide the CITY Indemnitees with the fullest protection possible under the law. CO NSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and pr otect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indem nity shall be limited, to the extent required by Civil Code Secti on 2782.8, to Claims that ar ise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (incl uding without limitation reas onable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset agai nst the amount of any compensation due to CONSULTANT under this Agreement , any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to i ndemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any worker s’ compensation act or si milar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed official s, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain execut ed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed offici als, 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 Contract No.
10 alleged intentional, reckle ss, negligent, or otherwise wr ongful acts, errors or omissions of CONSULTANT’s subcontract ors or any other person or entity involved by, for, with or on behalf of CO NSULTANT in the performance of this Agreement. Such costs and expenses s hall 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 CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision sha ll apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained her ein (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: CI TY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. U pon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agr eement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide al l finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will 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, will operate to prohibit or otherwise restrict CITY’s abi lity 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 per form 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”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will 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 will be cured, which will not be less than the applicab le cure period set forth under Contract No.
11 Sections 5.2B 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 Def ault will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

i. Within ten (10) business days of CI TY’s issuance of a Default Notice for any failure of CONSULTANT to ti mely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product whic h CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10- day cure period, CONSULTANT may submit a written request for additional ti me to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Ev ent of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no oblig ation to grant additional time for the cure of an Event of Default under this Sect ion 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-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 per iod, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has comm enced 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 will be under no obligation to gr ant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the par t of CONSULTANT to perform any duty, obligation, service or task se t forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (i i) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; ( iii) CONSULTANT’s and/or its employees’ disregard or 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 CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT ’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 Contract No.
12 CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTA NT’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 notwiths tanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discr etion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’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, CONSULTANT will be com pensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Defaul t or breach under this Agreement will constitute a waiver of any other or s ubsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will 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 will 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 CONSUL TANT, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;

iii. The CITY may proceed by appropriate court action to enforce the terms Contract No.
13 of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other av ailable and lawful right or remedy.

CONSULTANT will 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, CONSULTANT’s sole remedy will be the suspension or termi nation of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will 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, priv ilege, or service voluntarily given or performed by a Party will give the other Party any contra ctual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PR OVISIONS: The termination of this Agreement pursuant to any prov ision of this Article or by normal expiration of its term or any extension ther eto will not operate to terminat e any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will 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 Da ta” means and includes all reports, analyses, correspondence, plans, designs, not es, summaries, strategies, charts, schedules, spreadsheets, calculations, lis ts, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents an d Data stored digita lly, magnetically and/or electronically. This Agreement cr eates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subc ontractors and subconsultants working on behalf of CONSULTANT in the performanc e of this Agreement to agree in writing that CITY will be granted the same right to co py, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

Contract No.
14 6.2 CONFIDENTIALITY: All data, docum ents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CI TY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreem ent. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTA NT 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 pe rmitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER

City of El Monte

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or conveni ent to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will no t subcontract any portion of the Work required by this Agreement, except as expressly stated herei n, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any , will contain a provision ma king them subject to all provisions stipulated in this Agreement, in cluding provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPL OY OTHER CONSULTANTS: CITY reserves the right to employ other contractor s in connection with the various projects worked upon Contract No.
15 by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTA NT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSUL TANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any f ee, commission, percentage, brokerage fee, gift or other consi deration contingent upon or resu lting from the award or making of this Agreement. For breach or violation of this warranty, CITY will 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, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will 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 exclusivel y in federal court, venue, without exception, will be in t he Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If ei ther Party commences an action against the other Party, legal, administrative or ot herwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

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

6.13 NO THIRD-PARTY BENEFIT: There are no intended thir d-party beneficiaries of any right or obligation assu med by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: Th is Agreement will not be construed in favor of, or against, either Party but will 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 will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No am endment, modification or supplement of Contract No.
16 this Agreement will 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 will 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, limit, 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 will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes 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, which ma y have been entered into between CITY and CONSULTANT prior to t he execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herei n will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyon d the control of CONSULTANT and without the fault or negli gence of CONSULTANT, incl uding but not limited to severe weather, fires, earthquakes, fl oods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, lit igation, and/or acts of any governmental agency, including the CITY, if the CONSUL TANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City R epresentative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determi nation shall be final and conclusive upon the parties to this Ag reement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement wi ll be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all thr ee counterparts in conformity with Section

6.16, above. One fully executed orig inal counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.

Contract No.
17 (SIGNATURES ON NEXT PAGE)
Contract No.
18 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 EL MONTE:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________

CONSULTANT NAME:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

Contract No.
19 EXHIBIT “A”

SCOPE OF WORK