La Puente City Council
January 28, 2025

DISCUSSION
Provided as Attachment A is a Memorandum of Understanding ("MOU") between SCAG and the City to implement the grant-funded project. The City’s project involving General Plan and Zoning Code Amendments will encourage infill mixed-use development of new housing opportunities in conjunction with commercial uses in underutilized commercial zones. The amendments to City codes will create regulations, including applicability regulations, an affordability requirement consistent with State law, development standards, and objective design standards for mixed-use development in those underutilized commercial zones.

The City’s mixed-use project for underutilized commercial zones will address Program 6 of its 2021-2029 (6th Cycle) certified Housing Element Update (“HEU”), while also addressing the City’s Regional Housing Needs Allocation (“RHNA”). The City’s new mixed-use program addresses RHNA in that it will allow, facilitate, and encourage the development of housing units at different levels of affordability in commercial zones that are underutilized and underperforming. Although new mixed-use development in the City would replace commercial areas with a mixture of both residential and commercial uses, the higher density of housing closer to those commercial areas is also beneficial to reinvigorate the local economy and encourage multimodal transportation.

Pursuant to State Housing Element law, the City is technically required to complete any rezone requirements, such as Program 6, to accommodate adequate sites by February 12, 2025.

However, due to the State’s Budget Proposal issues it caused a pause of all REAP 2.0 funds, including the City’s awarded grant. The City will be working diligently with SCAG’s team and the to be selected consultant to develop the mixed-use program over the next 17 months. The new expenditure deadline for SCAG’s REAP 2.0 funds for the City’s project is June 30, 2026.

FISCAL IMPACT
The City will receive $427,350 in grant funding for the development of a mixed-use program for underutilized commercial zones. No City funding is needed for this project.

RECOMMENDATION
It is recommended that the City Council: (1) approve the Memorandum of Understanding with the Southern California Association of Governments; and (2) authorize the City Manager to execute the Agreement on behalf of the City.

ATTACHMENTS
Attachment “A”: SCAG MOU

MEMORANDUM OF UNDERSTANDING
No. M-009-25
SCAG Overall Work Program (OWP) No: 305-4927.03
Federal/State Awarding Agency: State of California, Department of Housing and Community Development
Funding Source: Regional Early Action Planning Grants Program of 2021 (REAP 2.0) Recipients’ Names: City of La Puente (Sub-Recipient Name) and ActiveSGV (CBO Name) Recipients’ UEID Nos: EKJMBFQ9TZ18 (Sub-Recipient UEID) and DMUKPJUL8KR4 (CBO UEID) Total Amount of Federal Funds Obligated to the Recipients: $0 Total Amount of Non-Federal Funds Obligated to the Recipients: $427,350 Total Amount of the Sub-Award: $427,350
Subaward Period of Performance Start Date: Effective Date of this MOU Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: See Section 6 of this MOU
Project R&D: N/A
Indirect Cost Rate for the Award: TBD
Fringe Benefits Cost Rate for the Award: TBD*
*The Recipients’ cognizant agency, TBD, approved the use of fiscal year (FY) 24/25 rates (07/01/24~06/30/25) as indicated above. If the rates are later found to have included costs that are unallowable, Recipients will provide a refund for the unallowable indirect cost and fringe benefits amounts. Recipients must provide support for the cognizant agency approval of future FY rates.

Subaward Project Title: City of La Puente and ActiveSGV REAP 2.0 Sustainable Communities Program – Civic Engagement, Equity, and Environmental Justice Grant Subaward Project Description: Recipients will utilize REAP 2.0 funding for a project that meets the REAP 2.0 Goals and Objectives within the SCAG Region.

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ATTACHMENT A
MOU No. :M-009-25
SCAG Project/OWP No. :305-4927.03

MEMORANDUM OF UNDERSTANDING
No. M-009-25

BETWEEN THE

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS

AND CITY OF LA PUENTE

AND ACTIVESGV
FOR REAP 2.0 SUSTAINABLE COMMUNITIES PROGRAM- CIVIC ENGAGEMENT,

EQUITY, AND ENVIRONMENTAL JUSTICE GRANT
(SCAG Project/OWP No. 305-4927.03)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern California Association of Governments(“SCAG”), City of La Puente (“Sub-Recipient”), and ActiveSGV (“CBO”) for a Sustainable communities Program – Civic Engagement, Equity, and environmental Justice (“SCP CEEEJ”) Grant. SCAG, Sub-Recipient, and CBO may be individually referred to as “Party” and collectively as “Parties.” Sub-Recipient and CBO shall be jointly referred to as “Recipients.”

RECITALS
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was established with a principal goal to make funding available to Metropolitan Planning Organizations (“MPO”) and other regional entities for transformative planning and implementation activities that meet housing and equity goals, reduce Vehicle Miles Traveled per capita, and advance implementation of the region’s Sustainable Communities Strategy or Alternative Planning Strategy, as applicable; WHEREAS, the California Department of Housing and Community Development (“HCD”) administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 (“Statutes”) and REAP 2.0 guidelines for MPO applicants released by HCD pursuant to the Statutes (“REAP 2.0 Guidelines”);
WHEREAS, SCAG is the federally designated MPO for Southern California, primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS” also known as “Connect SoCal”) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHEREAS, HCD awarded funds to SCAG under REAP 2.0;
WHEREAS, SCAG’s Regional Council authorized funding for the SCP CEEEJ Program (“Program”) and approved guidelines for the Program (“Program Guidelines”); WHEREAS, SCAG released a Call for Applications for the Program; WHEREAS, Recipients, eligible for funds under the Program, developed and submitted a proposed project for the Program (“Project”);
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WHEREAS, SCAG reviewed the Project and determined the Project to be consistent with the REAP 2.0 Guidelines and Program Guidelines, and approved the Project to receive funding; and WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties.

NOW THEREFORE, IT IS MUTUALLY AGREED THAT:

1. Recitals and Exhibits
The Recitals and all exhibits referred to in this MOU are incorporated herein by this reference and made a part of the provisions of this MOU.

2. Term
The Term of this MOU shall begin on the Effective Date and continue until June 30, 2026 (“Completion Date”), unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.

3. Scope of Work and Responsibilities of the Parties
a. SCAG will:
i. Contribute funding for the Project in accordance with Section 5, Funding, below. ii. Procure a consultant (“Consultant”) to perform the services required for the Project in accordance with SCAG’s Procurement Policies and Procedures. iii. Oversee and manage Consultant’s activities in performing the services required for the Project. iv. Review, approve, and pay Consultant’s invoices and review and approve Consultant’s deliverables; however, prior to approving an invoice or deliverable from the Consultant, SCAG’s Project Manager shall consult with Sub-Recipient’s Project Manager. v. Review, approve, and pay CBO’s invoices and review and approve CBO’s deliverables; however, prior to approving an invoice or deliverable from the CBO, SCAG’s Project Manager shall consult with Sub-Recipient’s Project Manager.
b. Sub-Recipient will:
i. Perform its duties under this MOU, in accordance with the REAP 2.0 Guidelines, the Program Guidelines, applicable Federal and State requirements, and the provisions of this MOU. ii. Provide written approval of Consultant’s Scope of Work, prior to SCAG directing the Consultant to begin the work.
iii. Commit to supporting the Project and provide SCAG and Consultant with technical guidance for the Project.

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iv. Reasonably cooperate with SCAG and the Consultant and provide information requested by SCAG or the Consultant without delay.
v. Review and provide feedback on Consultant invoices and deliverables within 10 working days of receipt from SCAG.
vi. Provide any required decisions as promptly as practicable to avoid unreasonable delay and provide technical leadership and support for reporting/invoicing as necessary. vii. In accordance with Section 9.e., submit any completed planning document or effort to the applicable board, council, or other entity for adoption or approval. viii. Oversee and manage CBO’s activities under the Project, including all tasks, obligations, and deliverables as described in and in accordance with the “Scope of Work,” attached as Exhibit A, as outlined in the most current fully executed SOW Approval Form. ix. Be accountable to SCAG to ensure CBO’s performance and compliance with the MOU. SubRecipient’s Project Manager shall be responsible for final approval of CBO’s deliverables consistent with the Scope of Work, as outlined in the most current fully executed SOW Approval Form; provided, however, that prior to approving a deliverable from the CBO, SubRecipient’s Project Manager shall consult with SCAG’s Project Manager. x. Any and all notices, reports, or other communications required by this MOU, including but not limited to invoices, accounting reports, supporting documentation, and monitoring reports, shall be submitted under penalty of perjury.
c. CBO will:
i. Once a notice to proceed has been issued, implement its obligations under the Project, including all tasks, obligations, and deliverables described in the Scope of Work, as outlined in the most current fully executed SOW Approval Form, in accordance with the REAP 2.0 Guidelines, the Program Guidelines, applicable Federal and State requirements and the provisions of this MOU. CBO shall not begin work or incur any expenses until a notice to proceed has been issued and shall not be reimbursed for any expenses incurred prior to the notice to proceed.
ii. Interim deliverables and tasks, including budgets and schedules, required to implement the Scope of Work shall be documented using the “Scope of Work Approval Form,” attached as Exhibit B (“SOW Approval Form”). The SOW Approval Form must be signed by SCAG Project Manager, SCAG Department Manager, Subrecipient’s Project Manager, CBO’s Project Manager and SCAG’s Deputy Director or their designee prior to the performance of the work outlined in the SOW Approval Form. The SOW Approval Form may be signed by way of a manual or authorized digital signature, or a signature stamp. The SOW Approval Form may be used to document interim deliverables and interim deliverable budgets and schedules but may not be used to modify the deliverables and budget noted in this MOU. The SOW Approval Form may be amended subject to approval by SCAG. No amendment to the Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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SOW Approval Form shall be valid unless made in writing and signed by the Parties. If there is a conflict between the SOW Approval Form and this MOU, this MOU shall prevail. iii. Demonstrate a clear and significant nexus to all the REAP 2.0 Goals and Objectives, as described in Section 9 of this MOU, and must carry out the Project to meet the REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with REAP 2.0 Goals and Objectives may result in review and could be subject to modification of funding, termination of this MOU, and repayment of the Grant Funds.
iv. As a recipient of federal and state funds, SCAG has the responsibility for ensuring that its procurement process complies with all applicable federal, state and funding requirements.

SCAG has adopted a Procurement Policy and Procedures Manual which sets forth the rules and process of SCAG’s procurement activities. CBO shall not procure any goods or services for the completion of the Scope of Work, as outlined in the most current fully executed SOW Approval Form. If CBO requires any goods or services for the completion of their Scope of Work, as outlined in the most current fully executed SOW Approval Form, the goods or services shall be procured by SCAG and the value of the procured goods or services will be applied towards the Grant Funds. Notwithstanding the foregoing, with SCAG approval, CBO may complete micro-purchases for goods or services, at a fair and reasonable price, if the purchase is under $10,000. Any procurement made without SCAG’s approval or prior to SCAG’s approval shall not be reimbursed.
v. Any and all notices, reports, or other communications required by this MOU, including but not limited to invoices, accounting reports, supporting documentation, and monitoring reports, shall be submitted under penalty of perjury.

4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Recipients through the Project Managers.
b. For purposes of this MOU, SCAG designates the following individual as its Project Manager:

Anikka Van Eyl
Associate Regional Planner
(213) 630-1452
[email protected]
SCAG reserves the right to change this designation.
c. For purposes of this MOU, Sub-Recipient designates the following individual as its Project Manager:

Abraham Tellez
Planning Manager
626-855-1513
[email protected]
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Sub-Recipient reserves the right to change this designation upon written notice to SCAG. d. For purposes of this MOU, CBO designates the following individual as its Project Manager:

David Diaz
Executive Director
626-602-5064
[email protected]
CBO reserves the right to change this designation upon written notice to SCAG.

5. Funding
a. SCAG’s contribution to the Project is funded wholly with REAP 2.0 funds, in an amount not to exceed $427,350 (“Grant Funds”). SCAG shall contribute a maximum, not to exceed $323,000 of the Grant Funds towards the Project to be used solely for the procurement and payment of the Consultant. SCAG shall contribute a maximum, not to exceed $104,350 of the Grant Funds to CBO. No funds will be provided to Sub-Recipient.
b. SCAG shall not be obligated to make payments for any costs that exceed the Grant Funds. SCAG shall not be obligated to pay for any increase in costs which exceeds the budget included in this MOU and the most current fully executed SOW Approval Form. SCAG shall not be obligated to make payments from any source other than funds provided by HCD to SCAG pursuant to REAP

2.0. In the event HCD terminates its agreement to provide funds or reduces the funds provided, SCAG shall have the right to terminate this MOU, in accordance with Section 17, or to amend this MOU to reflect the changes in funding.
c. SCAG shall make payments to CBO as a reimbursement for actual costs incurred and only for work performed as part of the Scope of Work, as outlined in the most current fully executed SOW Approval Form, and consistent with the REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and Program Guidelines.
d. SCAG reserves the right, in its sole discretion, to discontinue funding the Project and/or terminate this MOU as described in Section 17.
e. Any costs for which CBO receives reimbursement or credit that is determined by a subsequent audit or other review by either SCAG, HCD, other State authorities or federal cognizant agency to be ineligible or otherwise unallowable, shall be repaid by CBO within thirty (30) calendar days of CBO receiving notice or a written demand for reimbursement from SCAG. Such repayment may include interest, penalties or related fees, as determined by HCD or other State authorities. Should CBO fail to reimburse unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold and/or off-set future payments to CBO.

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6. Invoices
a. SCAG’s contribution to the Project, for the portion assigned to CBO, shall be made on a cost reimbursement basis to CBO, after CBO has performed the services pursuant to the Scope of Work, as outlined in the most current fully executed SOW Approval Form. Amounts claimed must reflect the actual incurred and paid cost of completed work. The actual incurred and paid costs may not exceed the Project’s budget set forth in this MOU and the most current fully executed SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 10MB) and copy the SCAG Project Manager.

All invoices submitted to SCAG for the Project shall reference the OWP Project Number (OWP No. 305-4927.03).
b. By the twenty-first day following the start of a new month (i.e., January 21, February 21, March 21), CBO shall submit an invoice to SCAG using the electronic “Invoice Template” in accordance with the invoice submittal instructions and requirements noted in Exhibit C. Invoices must be submitted in both PDF format and Excel file format. Invoices shall contain a progress report portion which serves to confirm that the services have been performed and can be paid. All invoiced costs must be substantiated, by providing documented support for the expense incurred, such as copies of payroll reports, paid invoices, and proof of payment. The invoice progress report shall serve as the formal progress report for the Project and shall be signed by CBO. The progress report shall include, in narrative form, a description of services performed by CBO as well as progress toward completion of tasks related to the Project for the invoiced period and progress achieved toward the REAP 2.0 Goals and Objectives. SCAG shall review invoices for compliance with this MOU. If SCAG determines that an invoice is compliant with this MOU, SCAG shall approve the invoice and issue payment to CBO. If SCAG determines that an invoice is not compliant with this MOU or the most current fully executed SOW Approval Form, SCAG may withhold and/or off-set future payment(s) to CBO.
c. SCAG shall reimburse CBO as promptly as SCAG’s fiscal procedures permit, using Electronic Fund Transfer, available at: ACH Vendor Payment Authorization Form, upon receipt of itemized invoices submitted in accordance with this MOU. CBO shall complete the ACH Vendor Payment Authorization Form and email it to [email protected], prior to executing this MOU. d. Incomplete or inaccurate invoices may be returned to CBO for correction without payment until corrected and approved. SCAG may, at its discretion, disallow any unsupported costs and process the invoice. If CBO corrects the error, the disallowed items can be included in the next set of invoices.
e. Travel expenses and per diem rates are not to exceed the rates and policies specified by the State of California Department of Human Resources, which can be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. f. The Parties acknowledge that SCAG’s fiscal year is from July 1 to June 30. CBO agrees to submit all invoices to SCAG for services rendered through June 30th, no later than July 21st during the Term of this MOU. SCAG shall not be obligated to pay CBO for any invoice received after such date.

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g. CBO shall submit its final invoice to SCAG within thirty (30) days of the completion of the Project, but no later than within thirty (30) days after all Grant Funds have been expended. SCAG shall not be obligated to pay CBO for any invoice received after such date.

7. Reporting
a. At any time during the term of this MOU, SCAG may request additional information, as needed, to demonstrate satisfaction of all requirements identified in the MOU and the most current fully executed SOW Approval Form.
b. By February 10 of each year following receipt of funding pursuant to this MOU, Recipients shall submit an Annual Report using the “Report Template,” attached as Exhibit D. The Annual Report shall include, in narrative form, a description of services performed by Recipients as well as progress toward completion of tasks related to the Project for the prior year, a reporting of all costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and Objectives. c. When a Project is finalized, and no later than the Completion Date, Recipientsshall submit a CloseOut Report for the Project. At the time of the execution of this MOU, HCD has not provided the requirements for the Close-Out Report due to HCD by all grantees at the conclusion of the grant performance period. Therefore, the Close-Out Report format required by SCAG of Recipients is not available at this time, but will be provided when it becomes available. d. All reports submitted to SCAG shall reference the OWP Project Number (OWP No. 305-4927.03).

8. Accounting
a. CBO shall establish and maintain an accounting system and reports that properly accumulate incurred Project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (“GAAP”), enable the determination of incurred costs as interim points of completion, and provide support for payment vouchers and invoices. b. CBO shall establish a separate ledger account for receipts and expenditures of Grant Funds and maintain expenditure details in accordance with the Scope of Work, as outlined in the most current fully executed SOW Approval Form.
c. CBO shall maintain documentation of its financial records of expenditures incurred during the course of the Project in accordance with GAAP.

9. Allowable Uses of Grant Funds
a. Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives. i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, and infill housing-supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled (“VMT”), increases housing affordability, and advances equity. More detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice of Funding Availability (“NOFA”) and Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
ii. REAP 2.0 Objectives (“Objectives”) include: (1) accelerating infill development that facilitates housing supply, choice, and affordability; (2) affirmatively furthering fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full. b. Grant Funds shall only be used by CBO for activities approved by SCAG and included in the Scope of Work, as outlined in the most current fully executed SOW Approval Form. c. Grant Funds may not be used for administrative costs of persons employed by CBO for activities not directly related to eligible activities.
d. CBO shall not use the Grant Funds for administrative costs related to the Project. For purposes of this MOU, administrative costs are the costs incurred in direct support of grant administration that are not included in the organization’s indirect cost pool. Additional funds may be used from other sources solely contributed by CBO to support CBO’s administration of the Projects. i. CBO must clearly indicate if other funds will be used towards administrative costs on or before the Effective Date of this MOU.
ii. If applicable, CBO seeking reimbursement for indirect costs and/or fringe benefits costs must annually submit an Indirect Cost Allocation Plan (“ICAP”) or an Indirect Cost Rate Proposal (“ICRP”) to its cognizant agency for indirect costs and/or fringe benefits costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. The cognizant agency for indirect costs and/or fringe benefits costs means the federal agency responsible for reviewing, negotiating, and approving ICAPs or ICRPs. CBO must provide their approved indirect cost rate and/or fringe benefit rate and provide a copy to SCAG Project Manager of the approved negotiated indirect cost rate agreement (“NICRA”) for the current fiscal year and subsequent years throughout the performance period.
iii. If CBO is seeking reimbursement for fringe benefits costs with absence of the approved NICRA and proposes to use a rate to allocate the fringe benefits costs on the basis of entitywide salaries and wages of the employees receiving the benefits, they must annually prepare the fringe benefits cost allocation plan in accordance with 2 CFR 200 Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards and provide a letter from CBO’s independent auditor confirming the compliance for the current fiscal year and subsequent years throughout the performance period. iv. If CBO elects a de minimis indirect cost rate as defined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, they must annually complete a certification form provided by SCAG Project Manager to confirm the eligibility and compliance with 2 CFR 200 Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards and submit the signed form to SCAG Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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Project Manager for the current fiscal year and subsequent years throughout the performance period. The de minimis rate is to be applied to modified total direct costs (MTDC) as defined by 2 CFR Part 200.1.
e. There must be a strong implementation component for the funded activity through REAP 2.0, including, where appropriate, agreement by Sub-Recipient to submit the completed planning document or effort to the applicable board, council, or other entity for adoption or approval. If Sub-Recipient does not formally request adoption or approval of the funded activity, it may be subject to repayment of the Grant Funds.

10. Work Products
a. For purposes of this MOU, “Work Products” shall mean all deliverables created or produced under this MOU including, but not limited to, all deliverables conceived or made either solely or jointly with others during the term of this MOU and during a period of six months after the termination thereof, which relates to the Project. Work Products shall not include real property or capital improvements. Work Products includes all deliverables, inventions, innovations, improvements, or other works of authorship Recipients may conceive of or develop in the course of this MOU, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
b. Recipients shall submit one (1) electronic copy of all Work Products associated with the Project to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products and may, at its sole discretion, grant to Recipients a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products will be at Recipients’ sole risk and without liability or legal exposure to SCAG.

11. Amendments
No amendment or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the request.

12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:

To SCAG: Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
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(213) 630-1413
[email protected]
SCAG reserves the right to change this designation.

To Sub-Recipient:Abraham Tellez
Planning Manager
City of La Puente
15900 East Main Street, La Puente, CA 91744
626-855-1513
[email protected]
To CBO: David Diaz
Executive Director
Active San Gabriel Valley
10900 Mulhall St, El Monte
626-602-5064
[email protected]

13. Insurance
a. Recipients, at their own expense, shall procure and maintain policies of insurance, or provide evidence of self-insurance, of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage.

Insurance Type Requirements Limits
General Liability Commercial General
Liability insurance with
coverage at least as broad as
Insurance Services Office
form CG 00 01.

Not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy
must include contractual liability that has not
been amended. Any endorsement restricting
standard ISO “insured contract” language will
not be accepted.

Automobile
Liability
Automobile insurance at
least as broad as Insurance
Services Office form CA 00

01. Covering bodily injury and property damage for
all activities of the Recipients arising out of or in
connection with work to be performed under this
MOU, including coverage for any owned, hired,
non-owned, or rented vehicles, in an amount not
less than $1,000,000 combined single limit for
each accident.

Workers’
Compensation/
Employer’s Liability
Workers’ Compensation
insurance as required by the
State of California and
Employer’s Liability
Insurance. Not required for
sole proprietors or
Recipients with no
Including Occupational Diseases in accordance
with California Law and Employers’ Liability
Insurance with a limit of not less than $1,000,000
each accident.

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employees.

Professional
Liability Insurance
Professional Liability (Errors
and Omissions) insurance
appropriate to the Recipients’
profession.

With limits of not less than $1,000,000 per
occurrence. In addition, it shall be required that the
professional liability insurance policy remain in
effect for three (3) years after the Completion Date
of this MOU.
b. Higher Limits: no representation is made that the minimum insurance requirements of this MOU are sufficient to cover the indemnity or other obligations of Recipients under this MOU. c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. SCAG, its officials, employees, and volunteers are to be covered as additional insureds, as respects to liability arising out of the activities performed by or on behalf of Recipients; products and completed operations of Recipients; premises owned, occupied or used by Recipients; or automobiles owned leased, hired or borrowed by Recipients. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials, and employees. ii. For any claims related to this Project, Recipients’ insurance coverage shall be primary insurance as respects SCAG, its officials, and employees. Any insurance or self-insurance maintained by SCAG shall be excess of Recipients’ insurance and shall not contribute with it. iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials, and employees. iv. Recipients’ insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers. e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved by SCAG.
f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A and be admitted, unless otherwise approved by SCAG. g. Recipients shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by SCAG before work commences. Upon request of SCAG at any time, Recipients shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
h. Sub-Recipient agrees to ensure that CBO provides the same minimum coverage and endorsements required of Sub-Recipient. Sub-Recipient agrees to monitor and review all such coverage and Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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assumes all responsibilities for ensuring that such coverage is provided in conformity with the requirements of this Section.

14. Indemnification
Recipients shall fully defend, indemnify and hold harmless SCAG, its members, officers, employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including attorneys’ fees, brought forth or arising under any theories or assertions of liability, occurring by or resulting from or otherwise related to the Project or this MOU. Such obligations shall not, however, extend to any claims, losses, liabilities, damages, expenses, suits, or actions that arise from SCAG’s gross negligence or willful misconduct.

15. Disputes
Except as otherwise provided in this MOU, any dispute arising under this MOU which is not resolved by mutual agreement shall be decided through binding arbitration by a three (3) member panel in accordance with the rules of the American Arbitration Association and as provided in this provision.

If this provision differs from the rules of the American Arbitration Association, then this provision shall control. Recipients shall continue with the responsibilities under this MOU during any dispute until the dispute is resolved. A judgment upon the award rendered by arbitration may be entered into any court having jurisdiction thereof. The arbitration panel shall have the authority to grant any remedy or relief that would have been available to the Parties had the matter been heard in a court of law.

Following arbitration, the arbitration panel shall prepare a written decision containing the essential findings and conclusions on which the award is based so as to ensure meaningful judicial review of the decision. All expenses and fees for the arbitrator and expenses for hearing facilities and other expenses of arbitration shall be borne equally by both Parties unless they agree otherwise or unless the arbitrator in the award assesses such expenses against one of the parties or allocates such expenses other than equally between the Parties. Either Party may bring an action in court to compel arbitration under this MOU and to enforce an arbitration award.

16. Noncompliance
a. In the event of nonperformance or noncompliance with any requirement of this MOU, including but not limited to Project eligibility, schedule, deliverables, or milestone timelines, as outlined in the most current fully executed SOW Approval Form, SCAG may:
i. Issue a written notice to stop work. If such notice is provided, Recipients shall immediately cease all work under the MOU. SCAG has the sole discretion to determine that Recipients are in compliance with the terms and conditions after a stop work order, and to deliver a written notice to Recipients to resume work under this MOU.
ii. Require repayment of the Grant Funds.
iii. Terminate this MOU pursuant to Section 17.
b. Notwithstanding the provisions set forth above, or any other provision contained in this MOU, no remedy conferred by any of the specific provisions of this MOU or the SOW Approval Form, is Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy existing at law or in equity or by statute or otherwise.

17. Termination of MOU
a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD terminates or cancels funding to SCAG, this MOU is deemed to be terminated and SCAG shall be relieved of any and all obligations under this MOU as of the effective date of HCD’s termination. In the event HCD reduces funding to SCAG, SCAG shall have the unilateral right to stop work, proportionally reduce funding to Recipients or terminate this MOU.
b. Termination for Convenience. SCAG or Recipients may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. Recipients may only terminate for convenience jointly and may not terminate for convenience separately. Should SCAG terminate the MOU for convenience, upon receipt of the notice of termination, Recipients shall immediately take action to avoid incurring any additional obligation costs or expenses except as may be necessary to terminate its activities. SCAG shall pay CBO its reasonable and allowable costs through the effective date of termination and is not liable for any expenses after termination. In such event, all finished or unfinished Work Products shall be provided to SCAG.
c. Termination for Cause. If through any cause, SCAG or one of the Recipients shall fail to timely and adequately fulfill its obligations under this MOU, or if SCAG or one of the Recipients violates any of the covenants, terms, or stipulations of this MOU, the non-breaching Party shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to the breaching Party of the intent to terminate and specifying the effective date thereof. The nonbreaching Party shall provide a reasonable opportunity for the breaching Party to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination for cause provision, Recipients shall reimburse SCAG for all funds provided for the Project and all finished or unfinished Work Products shall be provided to SCAG at its option.

18. Records Retention
a. Recipients shall maintain and make available, in accordance with Section 19 of this MOU, all source documents, books and records connected with the Project, documentation of its normal procurement policy and competitive procurement bid process and completed procurements related to the Project, all work performed under this MOU, all evidence of environmental clearance, and evidence demonstrating the funding was used for the appropriate purposes for a minimum of five (5) years after all Grant Funds have been reimbursed. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. b. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records shall be retained and made available by Recipients for five (5) years after: (a) the conclusion or resolution of the matter; (b) the date an audit resolution is achieved for each annual SCAG OWP; or (c) all Grant Funds have been reimbursed, whichever is later.

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19. Monitoring and Audits
a. SCAG may monitor expenditures and activities of Recipients as SCAG deems necessary to ensure compliance with the MOU, the Statutes, the REAP 2.0 Guidelines and the Program Guidelines. b. At any time during the term of this MOU, SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives may perform or cause to be performed a financial audit of any and all phases of the Project. At SCAG’s request, Recipients shall provide, at their own expense, a financial audit prepared by an independent certified public accountant.
c. Recipients agree that SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives shall have the right to review, obtain, and copy all records and supporting documentation related to the performance of this MOU.

Recipients agree to provide any relevant information requested. Copies shall be made and furnished to SCAG upon request at no cost to SCAG.
d. Recipients agree to permit SCAG, HCD, the California Department of General Services, the California Bureau of State Audits, or their designated representatives access to their premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this MOU, the Statutes, the REAP 2.0 Guidelines, or applicable state and federal laws, rules, and regulations. e. If there are audit findings from SCAG or HCD’s audit, Recipients must submit a detailed response acceptable to SCAG or HCD for each audit finding within ninety (90) days of the audit finding report.

20. Small Business and Disabled Veteran Business Enterprise Participation a. If for this MOU Recipients made a commitment to achieve small business participation, then Recipients must within 60 days of receiving final payment under this MOU (or within such other time period as may be specified elsewhere in this MOU) report to SCAG the actual percentage of small business participation that was achieved. (Gov. Code § 14841.) b. If for this MOU Recipients made a commitment to achieve disabled veteran business enterprise (“DVBE”) participation, then Recipients must within 60 days of receiving final payment under this MOU (or within such other time period as may be specified elsewhere in this MOU) certify in a report to SCAG: (1) the total amount the Recipients received under the MOU; (2) the name and address of the DVBE(s) that participated in the performance of the MOU; (3) the amount each DVBE received from the Recipients; (4) that all payments under the MOU have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (M&V Code § 999.5(d); Gov. Code § 14841.)
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21. Compliance with Laws, Rules, and Regulations
a. Recipients agree to comply with all federal, state, and local laws, rules, and regulations applicable to this MOU.
b. Non-Discrimination/Equal Employment Opportunity
i. During the performance of this MOU, Recipients assure that no person shall be denied the MOU’s benefits, be excluded from participation or employment, be denied Project benefits, or be subjected to discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, under the Project or any program or activity funded by this MOU, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. §§ 3601-20) and all implementing regulations, the Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. §§ 12101 et seq.) and all applicable regulations and guidelines issued pursuant to the ADA, and the Age Discrimination Act of 1975 and all implementing regulations. Recipients shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. ii. Recipients shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs. tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by HCD to implement such article.
iii. Recipients shall permit access by representatives of the Department of Fair Employment and Housing, SCAG, and HCD upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as the Department of Fair Employment and Housing, SCAG, or HCD shall require to ascertain compliance with this Section. iv. Recipients shall give written notice of its obligations under this Section to labor organizations with which they have a collective bargaining or other agreement. v. Recipients shall adopt and implement affirmative processes and procedures that provide information, outreach, and promotion of opportunities in the Project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 C.F.R. § 92.351. c. Recycling Certification. Recipients shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to SCAG regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205).
d. Anti-Trust Claims. Recipients, by signing this MOU, hereby certifies that if these services or goods are obtained by means of a competitive bid, the Recipients shall comply with Title 1, Division 5, Chapter 11 of the California Government Code (Gov. Code §§ 4550-4554). e. Child Support Compliance Act. If the Grant Funds provided under this MOU are in excess of $100,000, Recipients acknowledge in accordance with Public Contract Code 7110, that:
i. Recipients recognize the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
ii. Recipients, to the best of their knowledge are fully complying with the earnings assignment orders of all employees and are providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. f. Priority Hiring Considerations. If this MOU includes services in excess of $200,000, the Recipients shall give priority consideration in filling vacancies in positions funded by the MOU to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
g. Loss Leader. If this MOU involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC § 10344(e).)

22. Public Works and Construction
The Grant Funds shall not be used for public works projects. Services constituting public works are described in California Labor Code Sections 1720-1861, as may be amended or recodified by legislative action from time-to-time. The use of Grant Funds for a public works project shall be a breach of this MOU.

23. Conflict of Interest
The Parties shall comply with all applicable Federal and State conflict of interest laws, regulations, and policies.

24. Independent Contractor
Recipients shall be independent contractors in the performance of this MOU, and not officers, employees, or agents of SCAG.

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25. Assignment
Neither Party shall assign any rights or interests in this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent may be granted, withheld, or conditioned in the consenting Party’s sole and absolute discretion. Any assignment without such written consent shall be void and unenforceable. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.

26. Release of Information
a. Subject to any provisions of law, including but not limited to the California Public Records Act, any Work Product or materials deemed confidential by either Party shall be held confidential by the receiving Party who shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as the receiving Party treats its confidential information, but in no case less than reasonable care. Nothing furnished to either Party which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Recipients shall not release any information or Work Products to a third party or otherwise publish or utilize any information or Work Products obtained or produced by it as a result of or in connection with the performance of services under this MOU without the prior written authorization of SCAG, except as provided under this MOU or as required by law (including, without limitation, pursuant to the California Public Records Act). c. All public-facing communications materials relating to this MOU, or its subject matter, shall acknowledge SCAG. Communications materials include, but are not limited to, site signage, printed information materials, print and online publications, websites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases, and all other related materials.
d. To ensure consistency of public information about SCAG programs and funded work products, Recipients are required to notify and coordinate with SCAG Project Manager who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets. e. All communication materials must be provided to SCAG Project Manager prior to completion so that inclusion of this element can be confirmed.

27. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and Recipients. This MOU shall not restrict SCAG from acquiring similar, equal or like services from other entities or sources.

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28. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

29. Survival
The following sections survive expiration or termination of this MOU:

Section 5 (Funding)
Section 10 (Work Products)
Section 12 (Notices)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 15 (Disputes)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations) Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 26 (Release of Information)
Section 31 (Jurisdiction and Venue)
Section 32 (Waiver)

30. Flow-Down Provisions
Reserved.

31. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Subject to the provisions in Section 15, the Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.

32. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this MOU shall be considered a waiver thereof of such Party’s right thereafter to exercise or enforce each and every right and provision of this MOU. A waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

33. Standard of Care
Recipients shall perform the work required for the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.

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34. Force Majeure
Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of nature, civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the Parties, provided that the Party seeking to delay or excuse its performance as a result of such event shall notify the other Party in writing of such circumstances within not more than ten (10) days following the first occurrence of the event forming the basis of the delay or excuse of performance. In the event that the Party seeking to delay or excuse its performance fails to timely deliver the notice described in the previous sentence, then such event shall not relieve the Party from its timely performance.

35. Entire MOU
This MOU, comprised of these terms and conditions, the attached exhibits, and any properly executed amendments, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties with respect to the matters set forth herein.

36. Execution
This MOU, or any amendments related thereto, may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.

The signature page of this MOU or any amendments may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this MOU or an amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this MOU or any amendment.

37. Effective Date
This MOU shall be effective as of the last date on which the document is executed by all Parties.

38. Authority
Recipients warrant and certify that they possess the legal authority to execute this MOU and to undertake the Project, and, if applicable, that a resolution, motion, or similar action has been fully adopted or passed, as an official act of Recipients’ governing body, authorizing receipt of the Grant Funds, and directing and designating the authorized representative(s) of Recipientsto act in connection with the Project and to provide such additional information as may be required by SCAG. [The remainder of this page is intentionally left blank. Signatures on following page.] Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
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SIGNATURE PAGE TO

MEMORANDUM OF UNDERSTANDING
NO. M-009-25
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the dates indicated below:

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”) By: _______________________________________________ _________________ Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:

By: _______________________________________________ _________________ Richard Lam Date
Senior Deputy Chief Counsel
CITY OF LA PUENTE (“Sub-Recipient”)
By: _______________________________________________ _________________ Robert Lindsey Date
City Manager
APPROVED AS TO FORM:

By: _______________________________________________ _________________ Susie Altamirano Date
City Attorney
ACTIVESGV (“CBO”)
By: _______________________________________________ _________________ David Diaz Date
Executive Director
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Exhibit A – Scope of Work
Project Description:

This project will encourage infill development by initiating an amendment to the General Plan and Zoning Code to include a new mixed-use zoning program that can be applied to existing underutilized commercial properties. Inclusionary housing requirements will be incorporated to ensure that new residential development is affordable to low- and moderate-income households. The project will also focus on infill development near public transit routes which will help to increase transit ridership and reduce vehicle miles traveled.

This project is a Co-Applicant Partnership between City of La Puente and Active SGV, a local communitybased organization (CBO) whose primary role and responsibilities will include public engagement and outreach, data gathering, and reporting. More specifically, in the public engagement task, Active SGV will prepare various communication materials in multiple languages to promote the project and ensure that engagement activities are accessible to community members. Active SGV will coordinate with the Consultant on a variety of engagement strategies including community workshops, pop-ups, stakeholder interviews, focus groups, community presentations, and a survey. Active SGV will also host a project website and develop the final Outreach Summary Report.

Final Deliverable:

This project will result in General Plan and Zoning Code amendments and CEQA analysis. The General Plan amendment, Zoning Code amendment, and CEQA documentation will be considered for adoption by the City of La Puente’s City Council.

Project Budget: $ 427,350
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Regional Early Action Planning Grants of 2021 (REAP 2.0) Sustainable Communities Program Call 4
Scope of Work Approval Form ‐ Project Summary
1 Program: Sustainable Communities Program – Civic Engagement, Equity, and Environmental Justice (SCP CEEEJ) Primary Applicant:   City of La Puente
Co‐Applicant 1:   ActiveSGV
Co‐Applicant 2:   N/A
Project:     Mixed Use Development for Underutilized Commercial Zones ☐Original Scope of Work Approval
☐Revision Requested ‐ Add, Remove, or Change Project Manager ☐Revision Requested to Project Tasks (Please check all that apply) ☐Revise/Delete a Previously Approved Task ☐ Task Budget Revision ☐Project/Task Date Change  ☐Change in Deliverable (Interim)

SCAG Approval Date: ___________________________
Revision No. NUMBER
Revision Effective Date: _________________________
Original Approved Summary of Project Tasks (approved on DATE) Project Tasks Outline
Task   Co‐Applicant 1 /
Co‐Applicant 2 /
Estimated cost  Begin date  End date  Deliverable
Click or tap here to
enter text.

Total Co‐Applicant
Budget

☐Other (Please describe)
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Regional Early Action Planning Grants of 2021 (REAP 2.0) Sustainable Communities Program Call 4
Scope of Work Approval Form ‐ Project Summary
2 Requested Revisions to Project Tasks If a revision is requested, please also update the relevant project tasks outlined below and highlight the changes.

Revised Project Tasks Outline
Task   Co‐Applicant 1 /
Co‐Applicant 2 /
Estimated cost  Begin date  End date  Deliverable
Click or tap here to
enter text.

Total Co‐Applicant
Budget

Route all budget changes to Accounting and B&G.

Signatures below to approve revisions also indicate approval of any modifications to subsequent pages.

Revision Approval Requested By:     Revision Approved By:

SCAG Project Manager          SCAG Department Manager
Anikka Van Eyl, Associate Regional Planner  Victor  Negrete,  Manager  of  Community  and  Economic Development
_______________________________________   _______________________________________ Signature        Date    Signature        Date
Revision Approved By:

SCAG Deputy Director
Elizabeth Carvajal, Deputy Director of Land Use Planning ________________________________________
Signature                             Date
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Scope of Work Approval Form ‐ Project Summary
3 Revision Approved By:          Revision Approved By:

City of La Puente Project Manager       ActiveSGV Project Manager [Name / Title]            [Name / Title]
________________________________________   ________________________________________ Signature                             Date    Signature                             Date Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
Regional Early Action Planning Grants of 2021 (REAP 2.0) Sustainable Communities Program Call 4
Scope of Work Approval Form – New Project Sheets
4 Project Metrics
Each REAP  2.0 project  requires metrics  to  quantitatively measure  the outcome of  the  project. Project metrics selected on this form will be included in the REAP 2.0 Call 4 progress reporting form. Please select all metrics that will apply to your approved projects:

1. This section is not applicable for SCP CEEEJ and is for information purposes only. Update not required.

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5 Project
☐ Metrics for this project have been selected in the “Project Metrics” portion of this form. (Please see note in Project Metrics section, this is not applicable for SCP CEEEJ.) _____ (Insert Number of) Procurements Expected for this Project Brief Description of Project: (Pulled from approved project scope) Alignment with SCAG Connect SoCal regional priorities:

Connection to REAP 2.0 Objectives (AFFH, Reducing VMT, Accelerating Infill Development):

Signatures on this page indicate approval of initial SAF in its entirety. Revisions do not require new signatures in this section.

Initial SAF Approved By:                           Initial SAF Approved By:

SCAG Project Manager                                      SCAG Department Manager Anikka Van Eyl, Associate Regional Planner  Victor  Negrete,  Manager  of  Community  and  Economic Development

________________________________________       ______________________________________ Signature                            Date          Signature                                       Date Initial SAF Approved By:

SCAG Deputy Director
Elizabeth Carvajal, Deputy Director of Land Use Planning ________________________________________
Signature                             Date
Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
Regional Early Action Planning Grants of 2021 (REAP 2.0) Sustainable Communities Program Call 4
Scope of Work Approval Form – New Project Sheets
6 Initial SAF Approved By:                     Initial SAF Approved By:

City of La Puente Project Manager      ActiveSGV Project Manager [Name / Title]            [Name / Title]
________________________________________   ________________________________________ Signature                             Date    Signature                             Date Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
Exhibit C
Invoice Submittal Requirements
SCAG will provide the Sub-Recipient an Invoice Template in Excel file format. The Invoice Template must be used to request reimbursement from SCAG. Detailed submittal instructions for filling out and submitting are provided in the Invoice Template. The Invoice Template may be amended from time to time and does not guarantee that any invoices will be approved or that the Sub-Recipient will receive payment. The Invoice Template will require information and supporting documentation such as, but not limited to:
a. SCAG’s “Bill To” information as stated in the above paragraph “b.” of this section; b. Invoice number specified by the Sub-Recipient. The invoice number must be unique for each invoice submitted;
c. Invoice date;
d. Billing period specified with beginning and ending dates. The beginning date must not be sooner than the MOU Effective Date of the Agreement, or within any previous billing dates;
e. Total amount due for the billing period;
f. MOU Number, SCAG Project/OWP Number, and the MOU Term Date; g. Project Title;
h. Agency Name, Agency Project Manager Name, and Project Manager Email Address; and i. SCAG Project Manager Name.
j. Progress report
k. Cost by task and/or cost category
l. Detailed description of Other Direct Charges
m. Proof of payment
n. Timesheets
o. Payroll report/Payroll registers
Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
Exhibit D – Sub-Recipient Report Template

PENDING GUIDANCE FROM HCD
Docusign Envelope ID: B468D13E-FDAD-44E8-8709-38FB510ACBFF In Process
AGENDA ITEM NO. E-1
To: Mayor and City Council For meeting of: January 28, 2025 From: Bob Lindsey, City Manager
By: Troy O. Grunklee, CPA, Director of Administrative Services SUBJECT: PRESENTATION OF DECEMBER 2024 BUDGET REPORT

BACKGROUND
The City Council adopted the Fiscal Year 2024-2025 Budget and Capital Improvement Program on June 14, 2024. The attached report examines fiscal activity taking place in the month of October and includes all funds within the operating budget. The report analyzes year-to-date transactions in comparison to budgeted amounts for the entire fiscal year, expressing each category using a percentage-of-completion methodology. It additionally provides comparisons in activity level to the same time period last fiscal year.

DISCUSSION
As of the end of December 2025, one half (50%) of the fiscal year has elapsed.

REVENUES
General Fund revenues to date have reached 23.6% of their annual budget, a very slight decrease over 24% at this point last fiscal year. Sales and Use Tax and Measure LP have decreased by 6% and 2%, respectively. This equates to a combined $84,000 reduction in dollars collected in comparison to December 2023. Staff have reason to believe that with the opening of new businesses within the City that the second half of the fiscal year will finish stronger. Property Tax collections to date total $764,950, a 10% increase from the prior year. The Intergovernmental category skews high in FY 24/25 at 128% due to deferral of unearned grant revenue from the prior period as well as the City receiving a grant from Board of Supervisor Hilda Solis for City recreation programs. In aggregate of all funds, total revenue posted through the December 2024 period is $9,785,827 or 24.3% of budget.

EXPENDITURES
Operating expenditures have reached 40.2% to date in the General Fund, an increase over last fiscal year (35.3%). This is largely driven by the “Legal Services-General” expense account, which has already expended 92% of its budget for the entire year. This is due to multiple ongoing cases and the use of outside counsel. With the exception of the above noted overage, all other departments have expended approximately 50% of their annual budget as expected. In aggregate of all funds, 39.5% of the agency budget for FY 24/25 has been expended, a slight increase in comparison to 35.2% of the prior fiscal year.

City of La Puente

AGENDA REPORT
Monthly Budget Report – December 2024
For Meeting of January 28, 2025

RECOMMENDATION
It is recommended that the City Council receive and file this report.

ATTACHMENTS
Attachment “A”: Monthly Budget Report – December 2024
FY 2024-2025 FY 2024-2025 FY 2023-2024 FY 2023-2024
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
Property Tax 8,494,600 764,950 9.0% 7,654,500 697,381 9.1% Sales Tax 3,701,800 1,103,455 29.8% 3,695,400 1,171,028 31.7% Sales Tax - Measure LP 3,481,000 1,053,661 30.3% 3,548,000 1,070,265 30.2% Other Taxes and Assesments 1,750,500 384,598 22.0% 1,728,900 365,947 21.2% Licenses and Permits 851,000 509,620 59.9% 590,700 402,711 68.2% Fines and Forfeitures 627,500 238,761 38.0% 399,500 241,821 60.5% Use of Money 320,000 194,579 60.8% 200,000 177,566 88.8% Intergovernmental 137,500 176,057 128.0% 74,000 36,571 49.4% Charges for Services 978,300 439,061 44.9% 764,300 430,440 56.3% Other 691,300 108,728 15.7% 549,600 9,989 1.8%
TOTAL GENERAL FUND 21,033,500 - 4,973,470 23.6% 19,204,900 4,603,718 24.0%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,041,200 495,088 47.5% 1,094,700 465,297 42.5% 202 RMRA (SB1) 990,000 346,474 35.0% 942,800 315,741 33.5% 204 Measure M 749,800 345,409 46.1% 768,900 296,298 38.5% 205 Measure R 659,700 304,589 46.2% 678,800 314,781 46.4% 206 Prop A Fund 1,099,000 503,661 45.8% 1,132,300 521,927 46.1% 207 Prop C Fund 894,100 406,200 45.4% 909,100 420,098 46.2% 208 AQMD 52,000 25,305 48.7% 77,000 - 0.0%
209 Miscellaneous Grants 5,950,000 0.0% 3,632,900 - 0.0% 211 Lighting & Landscape Maintenance District 1,056,100 435,642 41.3% 959,600 403,181 42.0% 221 CDBG 388,400 63,689 16.4% 410,000 113,425 27.7%
Permanent Local Housing Fund (PLHA) 300,000 414,705 138.2% - - 0.0% pecial PEG Access 39,700 7,014 17.7% 39,700 12,258 30.9% 233 Supplemetal Law Enforcement Fund 170,000 177,054 104.1% 165,000 168,910 102.4% American Rescue Plan Act Fund - - 0.0% 572,500 - 100.0% 252 Other Special Revenue 1,329,200 556,099 41.8% 1,220,900 1,065,855 87.3% TOTAL SPECIAL REVENUE FUNDS 14,719,200 4,080,928 27.7% 12,604,200 4,097,771 32.5%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service 849,500 - 0.0% 831,000 - 0.0%
2019A Debt Service 260,600 - 0.0% 261,800 - 0.0%
2019B Debt Service 234,400 - 0.0% 235,000 - 0.0%
Capital Projects 53,300 - 0.0% 53,300 - 0.0%
TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,397,800 - - 0% 1,381,100 - 0.0%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 701,000 35 0.0% 661,600 - 0.0%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,538,400 540,248 35.1% 1,467,000 685,248 46.7% Equipment Replacement Fund 265,000 65,500 24.7% 193,500 - 0.0% Vehicle Maintenance & Replacement Fund 633,600 125,645 19.8% 455,800 5,797 1.3% TOTAL REVENUES 40,288,500 9,785,827 24.3% 35,968,100 9,392,534 26.1%

CITY OF LA PUENTE
Monthly Budget Report - December 2024
Statement of Revenues
50% of the Fiscal Year Complete

ATTACHMENT A
FY 2024-2025 FY 2024-2025 FY 2023-2024 FY 2023-2024
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
General Government 1,578,500 946,684 60.0% 1,448,100 641,633 44.3% Administrative Services 2,250,000 1,030,968 45.8% 2,412,900 997,540 41.3% General Services 458,700 236,474 51.6% 244,100 108,908 44.6% Public Safety 11,110,400 3,485,506 31.4% 11,746,900 3,297,194 28.1% Development Services 3,386,100 1,665,565 49.2% 3,514,300 1,651,017 47.0% Community Services 2,619,400 1,248,520 47.7% 2,652,100 1,070,962 40.4% TOTAL GENERAL FUND 21,403,100 8,613,716 40.2% 22,018,400 7,767,254 35.3%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,027,900 502,485 48.9% 1,074,700 426,085 39.6% RMRA/SB1 74,600 20,476 27.4% 27,000 10,950 40.6%
204 Measure M 506,000 65,330 12.9% 443,500 76,818 17.3% 205 Measure R 668,500 115,798 17.3% 487,700 83,466 17.1% 206 Prop A 1,126,900 404,904 35.9% 1,071,500 435,767 40.7% 207 Prop C 124,200 50,678 40.8% 119,900 41,386 34.5%
208 AQMD 100 - 0.0% 148,900 - 0.0%
211 Lighting & Landscape Maintenance District 1,051,300 497,937 47.4% 1,028,400 380,950 37.0% 221 CDBG 388,400 132,713 34.2% 410,000 168,272 41.0%
Permanent Local Housing Assistance (PLHA) 300,000 422,807 140.9% - - 0.0% Supplemental Law Enforcement Fund 170,000 - 0.0% 165,000 - 0.0% pecial PEG Access 29,000 77 0.3% 29,000 18,604 64.2%
#### American Rescue Plan Act Fund 142,000 77,914 54.9% 306,300 63,068 0.0% 252 Other Special Revenue 2,370,300 473,127 20.0% 3,649,100 1,148,634 31.5% TOTAL SPECIAL REVENUE FUNDS 7,979,200 2,764,247 34.6% 8,961,000 2,854,000 31.8%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service Fund 849,500 702,922 82.7% 831,000 676,572 81.4% Capital Projects 260,600 53,287 20.4% 53,300 53,287 100.0% Series 2019A Debt Service 234,400 50,319 19.1% 261,800 53,418 20.4% Series 2019 B Debt Service 53,300 44,700 83.9% 235,000 47,500 20.2% TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,397,800 851,228 60.9% 1,381,100 830,777 60.2%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 1,055,700 437,992 41.5% 1,035,100 406,921 39.3%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,249,800 493,109 39.5% 1,232,900 59,999 4.9% Equipment Replacement Fund 262,000 155,375 59.3% 202,500 230,809 114.0% Vehicle Maintenance & Replacement Fund 870,400 212,852 24.5% 487,700 288,778 59.2% TOTAL OPERATING EXPENDITURES 34,218,000 13,528,518 39.5% 35,318,700 12,438,538 35.2%

CITY OF LA PUENTE
Monthly Budget Report - December 2024
Statement of Operating Expenditures
50% of the Fiscal Year Complete
AGENDA ITEM NO. E-2
To: Mayor and City Council For meeting of: January 28, 2025 From: Bob Lindsey, City Manager
By: Alex Bauman, Director of Community Services
SUBJECT: UPDATE AND DISCUSSION REGARDING 365 ATHLETIX FITNESS

PROGRAMMING

BACKGROUND/DISCUSSION
City Staff will provide an update on the 365 Athletix Fitness Program at La Puente Park and the related costs to the City for continuation of the program.

FISCAL IMPACT
Estimated cost for 365 Athletix Fitness Program at La Puente Park: $4,160 per 8-week session.

Cost will be offset by revenue from participant registration fees.

RECOMMENDATION
It is recommended that the City Council: (1) approve a professional services agreement for fitness class services with Christopher Arias in the amount of $8,320; and (2) authorize the City Manager to execute the agreement.

ATTACHMENTS
Attachment “A”: Professional Services Agreement
City of La Puente

AGENDA REPORT

CITY OF LA PUENTE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”), is made and effective as of January 28, 2025, between the City of La Puente, a municipal corporation (“City”), and Christopher Arias (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, City desires to engage Consultant to perform the services described herein, and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect through May 31, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks (“Services”) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full (“Scope of Services”). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail. (b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. (c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a manner in conformance with the standards of quality normally observed by an entity providing Soccer Clinic Services serving a municipal agency. (d) Consultant shall comply with all applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant’s performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections

ATTACHMENT A

1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
The City Manager, or his/her designee, shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT
(a) The City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B (“Rate Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $8,320.00 for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 4 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement excluding Consultants standard details, standard specifications and calculations. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) Duty to Defend
In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters in an amount that is proportionate to the finding of liability against Consultant.

Payment by City is not a condition precedent to enforcement of this indemnity.

8. INSURANCE
City will provide coverage through existing class program. Consultant and any assistants must submit a background check.

9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the

conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

If to City:

Bob Lindsey, City Manager
City of La Puente
15900 E. Main Street
La Puente, CA 91744
Tel: (626) 855-1501
With a copy to:

Susie Altamirano, Esq.

Olivarez Madruga Law Organization, LLP
500 S. Grand Avenue, 12th Floor
Los Angeles, CA 90071
Tel: (213) 744-0099

If to Contractor:

Christopher Arias
8702 Michigan Avenue
Whittier, CA 90605
(626) 679-8343

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant’s use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant.

Consultant shall be solely responsible for payments to any subconsultants. Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the negligent services performed by a subconsultant under this Agreement.

16. GOVERNING LAW/ATTORNEYS’ FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Los Angeles County, California.

If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into

this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

22. REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of La Puente Christopher Arias
By:________________________________ By: _______________________________ Bob Lindsey, City Manager
Attest:

By:______________________________
Martha Torres, MPA, City Clerk
Approved as to form:

By:

City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Rate Schedule

EXHIBIT A

SCOPE OF SERVICES AND RATE SCHEDULE
This proposal introduces fitness programs offered by 365 Athletix, led by instructor Christopher Arias.

The programs are designed to promote physical health and well-being for participants of different age groups.

Pricing per Instructor:
● One class: $65 per one-hour session
These fitness programs aim to provide residents of La Puente with opportunities to improve their physical fitness, alleviate certain health conditions, and work towards their fitness goals.

Body Shape Classes
• Time: Monday/Wednesday, 5:30-6:30pm (Body Shape Class for 45+) • Time: Monday/Wednesday, 6:30-7:30pm (Body Shape Class for All Ages) • Time: Tuesday/Thursday, 6:30-7:30pm (Body Shape Class for 45+) ● Location: La Puente Park Fitness Center
Body Shape Class (45+), this class focuses on strength training to alleviate symptoms of various conditions such as diabetes, osteoporosis, back pain, and depression. The group format includes lifting technique, mobility exercises, and cardio workouts.

Body Shape Class (All Ages), this class offers a full-body workout with an emphasis on lifting technique, mobility, and cardio exercises. Core strength, mobility enhancement, and agility development are key components.

Boot Camp/Kettlebell Class
● Time: Tuesday/Thursday, 5:30-6:30pm
This program provides a group format for all ages, focusing on strength training to address various health conditions. The sessions include strength exercises, stretching, balance training, and mobility exercises.

EXHIBIT B

RATE SCHEDULE
The City agrees to pay Consultant a maximum of $8,320 as follows:

Session 1 - February 10 – April 4 = $4,160 ($520 per week) Session 2 – April 7 – May 30 = $4,160 ($520 per week)
Consultant to provide a weekly invoice to the City for payment. City will provide roster for each class prior to the session starting.

AGENDA ITEM NO. E-3
To: Mayor and City Council For meeting of: January 28, 2025 From: Bob Lindsey, City Manager
By: J.D. Buckwell, Chief/Director of Public Safety
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 BUDGET AND CAPITAL IMPROVEMENT PROGRAM IN THE

ANIMAL CONTROL SERVICES DEPARTMENT

BACKGROUND/DISCUSSION
The Fiscal Year 2024-25 Budget was adopted by the City Council on June 14, 2024. City Staff is recommending that funds be allocated to La Puente Affordable Pet Care Clinics for one clinic per month, for the remainder of fiscal year 2024-25 (Five Clinics: February-June 2025).

FISCAL IMPACT
To continue the La Puente Affordable Pet Care Clinics, on a monthly basis, through the remainder of the fiscal year 2024-2025, that being five clinics, with a per-clinic cost of $3,000., a total cost of $15,000.

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 25-5918 amending the Animal Control Services Department Budget (100-2130) for fiscal year 2024-25.

ATTACHMENTS
Attachment “A”: Resolution No. 25-5918
City of La Puente

AGENDA REPORT
RESOLUTION NO. 25-5918 PAGE 1 OF 1 JANUARY 28, 2025
RESOLUTION NO. 25-5918

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA PUENTE, CALIFORNIA, AMENDING THE ANIMAL
CONTROL SERVICES BUDGET FOR FY 2024-25
WHEREAS, on June 14, 2024, the City Council approved and adopted the Fiscal Year (“FY”) 2024-2025 budget.

WHEREAS, the City of La Puente has experienced various adjustments to changing conditions since the budget was adopted and needs to amend the budget to reflect these adjustments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City of La Puente’s Budget for Fiscal Year 2024/2025 is hereby amended to increase the Animal Control Department (100-2130) in the General Fund in the amount of $15,000.

SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or its applicability to other persons or circumstances.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 28th day of January, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES. COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Valerie Muñoz, Mayor
ATTEST:
_____________________________________
Martha Torres, MPA, City Clerk

ATTACHMENT A