South El Monte City Council
September 27, 2022

Gloria Olmos, Mayor/Chair
Manuel Acosta, Mayor Pro Tem/
Vice Chair
Richard Angel, Councilmember/
Boardmember
Hector Delgado, Councilmember/
Boardmember
Gracie Retamoza, Councilmember/
Boardmember
Rene Salas, Interim City
Manager/Executive Director
Donna G. Schwartz, City
Clerk/Secretary
Anthony R. Taylor, City
Attorney/General Counsel

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
September 27, 2022, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
***SPECIAL NOTICE REGARDING COVID-19***
On September 16, 2021, Governor Newsom signed AB 361, which modified the Brown Act to allow for teleconferencing participation at local legislative body public meetings during a proclaimed state of emergency. Pursuant to Government Code Section 54953(e) as amended by AB 361, City Council is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically available to all members of the public seeking to observe and to address the local legislative body. Public participation will be allowed via the information below.

PUBLIC COMMENT
To participate during public comment via teleconference, see below:

Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or Call In: 1 669 900 6833, when prompted, enter 86581711880#

LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 ext. 3280 or ext. 3220 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 ext. 3280 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.

VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.

ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:

Donna G. Schwartz, CMC, City Clerk
Ph (626) 579-6540 ext. 3280
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 579-6540 ext. 3220
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

1. ROLL CALL
Councilmembers: Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos

2. PLEDGE OF ALLEGIANCE
Councilmember Richard Angel

3. INVOCATION
Jayson Perez, Recreation Coordinator, City of South El Monte

4. PRESENTATIONS

4.a. Certificates of Recognition Presented to Epiphany School for Their Participation in the Harvard Latino Leadership Academy

4.b. Certificates of Recognition Presented to Monte Vista School for Their Participation in the Harvard Latino Leadership Academy

4.c. Certificates of Recognition Presented to Shively School for Their Participation in the Harvard Latino Leadership Academy

4.d. Certificates of Recognition Presented to South El Monte High School for Their Participation in the Harvard Latino Leadership Academy

4.e. Presentation by Vasquez and Company LLC, External Auditors, Reporting on FY2021 Audit Results and FY2022 Audit Scope of Work

4.f. Sheriff's Department Report for the Month of July and August

4.g. Code Enforcement and Public Safety Department Report for the Month of July and August 2022

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.

6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

7.a. CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 6, 2022 AND REGULAR CITY
COUNCIL MEETING MINUTES FOR SEPTEMBER 13, 2022

Staff is requesting approval of Minutes for the September 6, 2022 Special City Council Meeting and September 13, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Special City Council Meeting of September 6, 2022 and Regular City Council Meeting of September 13, 2022.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-79, APPROVING WARRANTS FOR THE PERIOD OF SEPTEMBER 14,
2022, THROUGH SEPTEMBER 27, 2022

Authorizing payment of City expenditures for the period of September 14, 2022 through September 27, 2022 totaling $949,764.29.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-79, authorizing payment of City expenditures.

7.c. BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE

The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interest they must disclose on their Statement of Economic Interests (Form 700).

RECOMMENDED ACTION: Staff recommends City Council proceed with the biennial review of the City's Conflict of Interest Code and direct the City Clerk, City Attorney, and HR/Risk Manager to coordinate the review of the current code for required amendments.

7.d. CONSIDERATION AND AUTHORIZATION TO SOLICIT REQUEST FOR

PROPOSAL (RFP) FOR BUILDING INSPECTOR SERVICES

Staff seeks City Council approval of an RFP for Building Inspector Services.

RECOMMENDED ACTION: Staff recommends City Council authorize the solicitation of proposals for Building Inspector Services for the City and direct staff to issue an RFP.

CONSENT CALENDAR (CONTINUED)

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-80,

AWARDING A PROFESSIONAL SERVICES AGREEMENT (PSA) TO

NEIGHBORHOOD HOUSING SERVICES OF LOS ANGELES COUNTY
(NHSLA) TO ADMINISTER AND IMPLEMENT THE CALHOME OWNEROCCUPIED HOME REPAIR PROGRAM

Staff recommends City Council approve the award of a Professional Services Agreement (PSA) to Neighborhood Housing Services of Los Angeles County as the responsive, responsible bidder to administer and implement the CalHome Owner-Occupied Home Repair Program.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-80, awarding a professional services agreement to Neighborhood Housing Services of Los Angeles County to administer and implement the CalHome Home Repair Program for the amount not-toexceed (NTE) 20% of the grant amount or $200,000.00.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS - None

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.

11. CORRESPONDENCE

11.a. LETTER FROM THE EL MONTE/ SOUTH EL MONTE CHAMBER OF

COMMERCE REQUESTING A FEE WAIVER FOR THE USE OF THE

COMMUNITY CENTER AMPHITHEATER TO HOST AN

INFORMATIONAL CANDIDATE FORUM

The El Monte / South El Monte Chamber of Commerce (Chamber) is requesting a fee waiver for the use of the South El Monte Community Center Amphitheater on Thursday, October 13, 2022 from 3:00 p.m. to 9:30 p.m. to host an Informational Candidate Forum.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider the reservation fee waiver requested by the Chamber in the amount of $1,749.00. This amount includes the facility rental fee of $325.00 and the remaining associated fees for the reservation, including staff time, cleaning, and damage deposits in the amount of $1,424.00.

Councilmember’s Agenda next page.

12. COUNCILMEMBERS’ AGENDA

12.a. Mayor Pro Tem Manuel Acosta

1. Consideration to Extend Senior Water Aerobics Program Through the End of October

13. CLOSED SESSION

13.a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9 – [One case] Rambod Sotoodeh; Stella Sotoodeh; 8 Swett, Inc. v. City of South El Monte
Case No. 2:22-cv-04361

14. RECESS COUNCIL MEETING

15. ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE

SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting.

Successor Agency Meeting next page.

SUCCESSOR AGENCY MEETING

16. CALL TO ORDER AND ROLL CALL
Board Members: Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos

17. APPROVAL OF AGENDA
This is the time for the Board to remove any items from the consent calendar for individual consideration, table, continue, add items, or to make a motion to rearrange the order of this agenda.

18. PUBLIC COMMENTS
Speakers may provide public comments on any matter within the subject matter jurisdiction of the Board, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Board objects, the Chair may provide speakers more or less time to speak. All comments or queries shall be addressed to the Board as a body and not to any specific member thereof.

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the Board shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

19. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the Board during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR JULY 26, 2022

Staff is requesting approval of the Minutes of the July 26, 2022, Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of July 26, 2022.

20. EXECUTIVE DIRECTOR'S AGENDA - None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL

22. RECONVENE AND ADJOURN COUNCIL MEETING
Tuesday, October 11, 2022, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 22nd day of September 2022.

City Clerk, CMC

City Council Agenda Report
Agenda Item No. 4.a.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to Epiphany School for Their Participation in the Harvard Latino Leadership Academy SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 4.b.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to Monte Vista School for Their Participation in the Harvard Latino Leadership Academy SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 4.c.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to Shively School for Their Participation in the Harvard Latino Leadership Academy
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 4.d.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to South El Monte High School for Their Participation in the Harvard Latino Leadership Academy
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 4.e.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: Presentation by Vasquez and Company LLC, External Auditors, Reporting on Fiscal Year 2021 Audit Results and Fiscal Year 2022 Audit Scope of Work
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. City of South El Monte External Auditor's Presentation 09 27 2022

PRESENTATION TO THE
CITY COUNCIL OF THE
CITY OF SOUTH EL MONTE
September 27, 2022

1 / AGENDA
The Audit Team……………………………………..2
Scope of Services………………………………….3
Independence……………………………………….4
Summary of Audit Results………………………..5
• Financial Statements Audit……………...........6
• Single Audit …………………………………….7
• Audit Findings and Recommendations...........8
Required Communications
to the City Council………..............................11
Fiscal Year 2022 Audit Timeline………….……..14
Questions………………………………..………....15
Contact Information…………………………........16

2 / THE AUDIT TEAM
Roger Martinez
Linda Narciso
Quality Control Partner
Cristy Canieda
Engagement Partner
Cid Conde
Audit Director
Rhoda Dollaga
Audit Manager
Denice Abrenica
Senior Auditor
Anshul Verma
Staff Auditor
Audit Practice Leader

3 / SCOPE OF SERVICES
The Financial Statement
Audit
• City’s basic financial statements
City’s Annual
Comprehensive Financial
Report (ACFR)
The Single Audit
• Audit of Major Federal Grant
Programs in accordance with the
Uniform Guidance
Year-Round Consultation
on Financial and
Accounting Matters
Vasquez & Company LLP meets the independence requirements of the Government Auditing Standards as it relates to the City 1 2
3 4

4 / INDEPENDENCE
• There are no relationships between
any  of  our representatives  and  the
City  that  in  our  professional
judgment  may  reasonably  be
thought to bear on independence.
• Vasquez & Company LLP meets the
independence  requirements  of  the
Government Auditing Standards as
it relates to City.

5 SUMMARY OF AUDIT RESULTS

6 / FINANCIAL STATEMENTS AUDIT
Unmodified
Opinion on
Financial
Statements
The financial statements fairly
present, in all material respects, the
City’s financial position and changes
in net position
The supplemental combining
financial statements and
supplemental schedules are fairly
stated, in all material respects, in
relation to the basic financial
statements as a whole.

The City’s internal control over financial
reporting as a basis for designing audit
procedures are appropriate for the
purpose of expressing our opinion on
the financial statements, but not on the
effectiveness of the City’s internal
control.

Internal Control
over Financial
Reporting
Significant deficiencies were
noted in internal control over
financial reporting.  The City has
been proactive in correcting the
significant deficiencies.

7 / SINGLE AUDIT
Major
Programs
• ALN 20.205
Coverage
• Highway Planning
and Construction
($524K million)
Classification
• The City continues
to be classified as a
“Low Risk Auditee”
based on the
Federally-prescribed
criteria.

Results
• No Federal Award
findings were noted

8 1. Segregation of Incompatible Duties
• Separate  functions  and  access  related  to  online  banking  system,  bank reconciliations, and journal entries.

2. Unreconciled Beginning Fund Balances
• Record all audit adjustments timely and perform procedures to agree book balances with the audited balances.

3. Revenue Recognition in the Proper Accounting Period
• Review and implement the City’s revenue recognition policy. / SIGNIFICANT DEFICIENCIES
The City has already implemented processes and addressed the following internal control findings:

9 / SIGNIFICANT DEFICIENCIES, CONTINUED

4. Capital Assets Policy
• Develop and adopt capital asset policies and procedures.

5. Valuation of Receivables
• Develop  and adopt policies  on the proper  valuation  of receivables including communication with other departments.

6. Interfund Advances
• Develop  and  adopt  interfund  activities  policy  that  includes repayment methods.

10 • Communicated  in  a  separate
letter to Management
• Sent to the City Council as part
of the Required Communication
Letter
/ AUDIT

RECOMMENDATIONS

11 REQUIRED COMMUNICATIONS

12 / REQUIRED COMMUNICATIONS
Management’s Responsibility  Management  has  primary  responsibility  for  the  accounting  principles  used,  their consistency, application and clarity.

Consultations with Other
Accountants
We  are  not  aware  of  any  consultations  by  management  with  other  accountants about accounting or auditing matters.

Difficulties with Management  We did not encounter any difficulties with management while performing our audit procedures.

Disagreements with
Management
We encountered no disagreements with management on financial accounting and reporting matters.

Significant Accounting
Policies
The  City’s  significant  accounting  policies  are  appropriate,  and  were  consistently applied.

Controversial Issues
No  significant  or  unusual  transactions  or  accounting  policies  in  controversial  or emerging areas for which there is lack of authoritative guidance or consensus were identified.

13 / REQUIRED COMMUNICATIONS, CONTINUED
Audit Adjustments
Management  agreed  to  record  adjustments  that  Vasquez proposed  during  the audit.  We  identified  one  uncorrected  misstatement  that  management  has concluded  is  not,  individually  or  in  the  aggregate,  material  to  the  financial statements. We agree with management’s conclusion in that regard.

Conditions of Retention
No  significant  issues  were  discussed,  or  subject  to  correspondence,  with management prior to retention.

Irregularities, Fraud or Illegal
Acts
No irregularities, fraud or illegal acts came to our attention as a result of our audit procedures.

Management Representations
The City provides us with a signed copy of the management representation letter prior to issuance of our auditor’s opinion.

14 Audit fieldwork to start in September 2022
with target completion by December 2022
Description Scheduled Date (Week of)
Entrance meeting 09/19/2022
Start of fieldwork 09/19/2022
End of fieldwork ‐ FS 10/31/2022
Final ACFR 12/19/2022
City Council Presentation TBD
Single Audit Fieldwork TBD
/ FISCAL YEAR 2022 AUDIT TIMELINE
The City Plans to submit the FY 2022 ACFR to GFOA  for the Certificate of Excellence in Financial Reporting

15 QUESTIONS

16 / Contact
Information
Vasquez + Company LLP has over 50 years of experience in performing audit, accounting, and consulting services for all types of private companies, nonprofit organizations, governmental entities, and publicly traded companies.  Vasquez is a member of the RSM US Alliance.

RSM US Alliance provides its members with access to resources of RSM US LLP. RSM US Alliance member firms are separate and independent businesses and legal entities that are responsible for their own acts and omissions, and each are separate and independent from RSM US LLP. RSM US LLP is the U.S. member firm of RSM
International, a global network of independent audit, tax, and consulting firms.

Members of RSM US Alliance have access to RSM International resources through RSM US LLP but are not member firms of RSM International. Visit rsmus.com/about us for more information regarding RSM US LLP and RSM International. The RSM™ logo is used under license by RSM US LLP. RSM US Alliance products and services are proprietary to RSM US LLP.
www.vasquez.cpa
Los Angeles \ San Diego \ Irvine \ Sacramento \
Fresno \ Phoenix \ Las Vegas \ Manila, PH
Cristy Canieda
213-873-1720 OFFICE
[email protected]
Rhoda Dollaga
213-873-1746 OFFICE
[email protected]
Roger Martinez
213-873-1703 OFFICE
[email protected]

17 \ 213-873-1700
\ [email protected]
Thank you for your time
and attention.

City Council Agenda Report
Agenda Item No. 4.f.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: Sheriff's Department Report for the Month of July and August SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. July Crime Statistics
B. August Crime Statistics

South El Monte
July 2022
Crime Statistics

South El Monte
Part I Crime Statistics – July 2022

South El Monte
Part I Crime Statistics – July 2022

South El Monte
Part I Crime Statistics – Monthly Breakdown 2022
& Arrests
SEM 2021 2022
Arrests 966 753
YTD 7/31
South El Monte
Res Burg 9
Other Burg 180
Petty Theft 48
Grand Theft 80
Theft from Vehicle 82
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 1
Rape 0 0 0 0 0 2 2
Aggravated Assault 9 6 3 4 8 15 45
Robbery 3 5 2 3 5 2 20
Burglary 36 41 19 28 20 18 162
Theft 33 28 28 26 22 40 177
Grand Theft Auto 12 15 16 26 20 11 100
Arson 0 1 0 0 0 0 1
Total 94 96 68 87 75 88 0 0 0 0 0 0 508
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 2
Aggravated Assault 9 6 3 4 8 15 7 52
Robbery 3 5 2 3 5 2 1 21
Burglary 36 41 19 28 20 21 24 189
Theft 33 28 28 26 22 40 33 210
Grand Theft Auto 12 15 16 26 20 11 17 117
Arson 0 1 0 0 0 0 0 1
Total 94 96 68 87 75 91 82 0 0 0 0 0 593

South El Monte
August 2022
Crime Statistics

South El Monte
Part I Crime Statistics – August 2022

South El Monte
Part I Crime Statistics – August2022

South El Monte
Part I Crime Statistics – Monthly Breakdown 2022
& Arrests
SEM 2021 2022
Arrests 966 753
YTD 8/31
South El Monte
Res Burg 10
Other Burg 205
Petty Theft 52
Grand Theft 96
Theft from Vehicle 90
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 1
Rape 0 0 0 0 0 2 2
Aggravated Assault 9 6 3 4 8 15 45
Robbery 3 5 2 3 5 2 20
Burglary 36 41 19 28 20 18 162
Theft 33 28 28 26 22 40 177
Grand Theft Auto 12 15 16 26 20 11 100
Arson 0 1 0 0 0 0 1
Total 94 96 68 87 75 88 0 0 0 0 0 0 508
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 2
Aggravated Assault 9 6 3 4 8 15 7 52
Robbery 3 5 2 3 5 2 1 21
Burglary 36 41 19 28 20 21 24 189
Theft 33 28 28 26 22 40 33 210
Grand Theft Auto 12 15 16 26 20 11 17 117
Arson 0 1 0 0 0 0 0 1
Total 94 96 68 87 75 91 82 0 0 0 0 0 593
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 0 0 0 0 1
Rape 0 0 0 0 0 2 0 3 5
Aggravated Assault 9 6 3 4 8 15 7 12 64
Robbery 3 5 2 3 5 2 1 0 21
Burglary 36 41 19 28 20 21 24 26 215
Theft 33 28 28 26 22 40 35 26 238
Grand Theft Auto 12 15 16 26 20 11 17 12 129
Arson 0 1 0 0 0 0 0 0 1
Total 94 96 68 87 75 91 84 79 0 0 0 0 674

City Council Agenda Report
Agenda Item No. 4.g.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: Code Enforcement and Public Safety Department Report for the Month of July and August 2022
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Code Enforcement & Public Safety Report

City of South El Monte
Public Safety Report
July & August 2022 Recap
Colby Cataldi, Director
Community Development/Public Works

Code Cases by Location
JULY – 63 AUG - 60

BUILDING CODE PROPERTY

MAINTENANCE

STREETS/PUBLIC
PLACES

VEHICLE/TRAFFIC BUSINESS ZONING
6 35
14 1
5 2 2
15 21
4 17
1 JULY AUGUST

Parking Citations
July – 512 Aug - 693
0 10 20 30 40 50 60

NO PARKING/STOPPING ZONE
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

OVERWEIGHT RESTRICTED

FIRE LANE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS
OTHER
0 31
56 12
2 0
0 22
2 8
1 9
7 19
16 3
36 51
22 4
1 1
34 5
17 5
10 14
11 16

AUGUST JULY
JULY
(70)
JULY
(256)
AUG
(142)
AUG
(321)

STREET SWEEPING
JULY – 326 AUG - 463
Night - NonResidential
Day - Residential

Enhanced Visibility
Improvements
Peck/Durfee
Merced/Fern/Central/Klingerman
Merced/Remer/Central

City Council Agenda Report
Agenda Item No. 7.a.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 6, 2022

AND REGULAR CITY COUNCIL MEETING MINUTES FOR
SEPTEMBER 13, 2022
SUMMARY: Staff is requesting approval of Minutes for the September 6, 2022 Special City Council Meeting and September 13, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Special City Council Meeting of September 6, 2022 and Regular City Council Meeting of September 13, 2022.

FISCAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. September 6, 2022 Minutes
B. September 13, 2022 Minutes

ATTACHMENT A

CITY OF SOUTH EL MONTE

SPECIAL CITY COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 6, 2022 - 5:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 5:00 PM
PRESENT: Councilmember(s): Angel, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
ABSENT: Councilmember(s): Delgado
STAFF PRESENT: Rene Salas, Interim City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; William Fox, Interim Finance Director; and Paola Lara, Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
A motion was made by Councilmember Angel, seconded Councilmember Retamoza to approve the agenda. Motion carried 4-0-1, by the following vote:

AYES: Councilmember(s): Angel, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): Delgado

3. PUBLIC COMMENT
Mayor Olmos opened public comment, there being none, closed public comment.

4. CLOSED SESSION
At 5:01 p.m. City Attorney Anthony R. Taylor recessed Council into closed session.

4.a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: Interim City Manager
Employee Organizations: South El Monte Employees Association At 5:17 p.m. Mayor Olmos reconvened to open session.

City Attorney Anthony R. Taylor announced City Council discussed item 4.a. No action taken, nothing to report.

5. ADJOURNMENT
There being no further business coming before this body, at 5:17 p.m. Mayor Olmos adjourned the meeting.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

ATTACHMENT B

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022 - 6:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 6:01 PM
PRESENT: Councilmember(s): Angel, Delgado (via zoom), Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
STAFF PRESENT: Rene Salas, Interim City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Colby Cataldi, Community Development Director; William Fox, Interim Finance Director; and Robert Molina, Recreational Leader.

STAFF ABSENT: Paola Lara, Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. PLEDGE OF ALLEGIANCE – Mayor Pro Tem Manuel Acosta led the Pledge of Allegiance

3. INVOCATION – Pastor Benjamin Garrett, Faith Dominion Church, offered the Invocation.

4. PRESENTATIONS – None
Mayor Olmos requested Item 7.e. be heard before Approval of the Agenda. Council concurred.

ITEM MOVED UP FROM CONSENT CALENDAR

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-72,

PROCLAIMING A LOCAL EMERGENCY PERSISTS AND AUTHORIZING THE

USE OF REMOTE TELECONFERENCE MEETING PROCEDURES BY THE

CITY'S LEGISLATIVE BODIES AS AUTHORIZED BY GOVERNMENT CODE SECTION 54953(e) ET SEQ. FOR THE PERIOD OF SEPTEMBER 13, 2022 THROUGH OCTOBER 12, 2022
A motion was made by Mayor Pro Tem Acosta, seconded Councilmember Angel to adopt Resolution No. 22-72, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s legislative bodies, such as utilizing a virtual platform (e.g., Zoom) for the period from September 13, 2022, through October 12, 2022. Motion carried 4-0-1, by the following vote:

AYES: Councilmember(s): Angel, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
ABSTAIN: Councilmember(s): Delgado (via zoom, unable to vote until after adoption)

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to approve the agenda except for 7.e. which was heard before approval of the agenda. Motion carried 5-0, by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None

6. PUBLIC COMMENT
Mayor Olmos opened public comment, there being none, closed public comment.

7. CONSENT CALENDAR
A motion was made by Councilmember Angel, seconded by Mayor Pro Tem Acosta to approve the Consent Calendar except item 7.e. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

7.a. Approved Minutes for the Regular City Council meeting held July 26, 2022, and Special City Council meeting held August 2, 2022.

7.b. Adopted Resolution No. 22-71, authorizing payment of City expenditures for the period of July 27, 2022, through September 13, 2022, totaling $3,276,712.16.

7.c. Approved the 2022 "Christmas Wish Toy Giveaway'' donation letter and authorized to include the City Council members' signatures, and distribution of the donation letters to the South El Monte business community.

7.d. Waived second reading and adopted Ordinance No. 1259, regarding the compensation of Mayor and Councilmembers.

Item 7.e. was heard before the Approval of the Agenda.

7.e. Adopted Resolution No. 22-72, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s

legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period from September 13, 2022 through October 12, 2022.

7.f. Adopted Resolution No. 22-73, approving the three proposed policies and procedures covering fixed assets, accounts receivables, and transactions.

7.g. Adopted Resolution No. 22-74, approving the MOU between the City of South El Monte and the South El Monte Employee Association.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-75, APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH TOWNSEND

PUBLIC AFFAIRS LLC FOR CONTRACTUAL SERVICES
Mayor Olmos announced the item.

City Attorney Anthony R. Taylor announced City Clerk provided additional documents to Council at the start of the meeting and had copies for the public.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to adopt Resolution No. 22-75, approving Amendment No. 1 to agreement with Townsend Public Affairs LLC for consulting services related to grant funding and legislative advocacy. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-76,

APPROVING THE CITY OF SOUTH EL MONTE'S LOCAL ROADWAY

SAFETY PLAN (LRSP)
Mayor Olmos announced the item.

Community Development Director Colby Cataldi introduced Kyle McGowan, Kimley-Horn and Associates Inc., who presented a PowerPoint via zoom on the Local Roadway Safety Plan.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Retamoza to adopt Resolution No. 22-76, approving the Local Roadway Safety Plan. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-77,

APPROVING PROJECT ACCEPTANCE AND NOTICE OF COMPLETION

OF THE FERN STREET SIDEWALK INSTALLATION PROJECT BY
GRIGOLLA & SONS CONSTRUCTION CO. INC.

Mayor Olmos announced the item.

A motion was made by Councilmember Retamoza, seconded by Mayor Pro Tem Acosta to:

1. Adopt Resolution No. 22-77, accepting the improvements to the Fern Street Sidewalk Installation Project by Grigolla & Sons Construction Co. Inc.;

2. Authorize the City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office; and

3. Release retention accordingly.

Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Mayor Pro Tem Acosta announced his attendance at the City’s Movie in the Park, City’s Concert in the Park, Back to School at Shively and Epiphany Catholic School, Senior Center’s Prom and Grandparents Day, South El Monte High School Quad Re-opening, City’s Bikeride, and League of California Cities Conference.

Councilmember Retamoza announced her attendance at the City’s Concert in the Park, City’s Movie in the Park, Back to School at Shively and Epiphany Catholic School, and Senior Center’s Prom.

Councilmember Delgado announced his attendance at the Greater Los Angeles County Vector Control District Meetings and Foothill Transit Board Meeting.

Councilmember Angel announced his attendance at City’s Movie in the Park, City’s Concert in the Park, Back to School at Shively and Epiphany Catholic School, Senior Center’s Prom and Grandparents Day, South El Monte High School Quad Re-opening, City’s Bikeride, and the City’s Farmer’s Market.

Mayor Olmos announced her attendance at the City’s Movie in the Park, City’s Concert in the Park, Back to School at Shively and Epiphany Catholic School, Senior Center’s Prom and Grandparents Day, South El Monte High School Quad Re-opening, City’s Bikeride, announced SEAACA still has pets for adoption, announced Harvard Day, and invited the public to attend the Farmer’s Market on Thursdays.

11. CORRESPONDENCE: None

12. COUNCILMEMBERS’ AGENDA:

12.a. Mayor Gloria Olmos

1. Sponsorship for Epiphany Catholic Church 2nd Annual Car and Bike Show.

Mayor Olmos stated Epiphany Catholic Church is requesting a $500 sponsorship and fee waiver of permit.

A motion was made by Councilmember Delgado, seconded by Councilmember Retamoza to provide a $500 sponsorship to Epiphany Catholic Church for the 2nd Annual Car and Bike Show and waiver of permit fees. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

2. Sponsorship for South El Monte High School Robotics Club.

Councilmember Delgado disclosed that he is an employee of the El Monte High School District working at South El Monte High School and would recuse himself from the vote.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to provide a sponsorship to South El Monte High School Robotics Club.

Motion carried 4-0-1 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None
ABSTAIN: Councilmember(s): Delgado

13. CLOSED SESSION – None

14. ADJOURNMENT
There being no further business coming before this body, at 6:34 p.m. Mayor Olmos adjourned the meeting to Tuesday, September 27, 2022, at 6:00 p.m. in memory of Juan Fernandez, father of a South El Monte Employee, and Abenicio P. Chavez, Father of Ed Chavez, Upper San Gabriel Valley Municipal Water District President.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

City Council Agenda Report
Agenda Item No. 7.b.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 79, APPROVING WARRANTS FOR THE PERIOD OF
SEPTEMBER 14, 2022, THROUGH SEPTEMBER 27, 2022
SUMMARY: Authorizing payment of City expenditures for the period of September 14, 2022, through September 27, 2022 totaling $949,764.29.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 79, authorizing payment of City expenditures.

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 22-79
B. Warrants

ATTACHMENT A

RESOLUTION NO. 22-79

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF SEPTEMBER 14, 2022, THROUGH SEPTEMBER
27, 2022, TOTALING $949,764.29

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 22/23 Electronic Warrants 09/14/2022-09/27/2022 DFT0000277-318 $98,584.59 FY 22/23 Regular Warrants 09/14/2022-09/27/2022 10951-11040 $682,618.36 Payroll Manual Check PPE 09/17/2022 1175 $284.04
Payroll Check PPE 09/17/2022 1176-1187 $11,641.99
Payroll Direct Deposit PPE 09/17/2022 2334-2457 $156,635.31 TOTAL EXPENDITURES RESOLUTION NO. 22-79 $949,764.29
PASSED, APPROVED, AND ADOPTED this 27th day of September 2022. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-79, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 27th day of September 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

City Council Agenda Report
Agenda Item No. 7.c.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE
SUMMARY: The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interest they must disclose on their Statement of Economic Interests (Form 700).

RECOMMENDED ACTION: Staff recommends City Council proceed with the biennial review of the City's Conflict of Interest Code and direct the City Clerk, City Attorney, and HR/Risk Manager to coordinate the review of the current code for required amendments.

FISCAL IMPACT: There is no fiscal impact.

DISCUSSION: The Political Reform Act requires that each City conduct a biennial review of its established Conflict of Interest Code in even-numbered years. The City last updated its code by resolution in 2020.

A biennial review consists of:
1) The code reviewing body (City Council) issues a direction to staff that the City’s conflict of interest code is to be reviewed for required amendments, and to any City agency that maintains its own conflict code;
2) By October 3, 2022, staff will give the City Council a report of any required amendments or a statement that no amendment is required; and 3) By December 31, 2022, the Council adopts any required amendments to the City’s conflict of interest code.

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 7.d.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND AUTHORIZATION TO SOLICIT

REQUEST FOR PROPOSALS (RFP) FOR BUILDING

INSPECTION SERVICES
SUMMARY: Staff seeks City Council approval of an RFP for Building Inspector Services.

RECOMMENDED ACTION: Staff recommends City Council authorize the solicitation of proposals for Building Inspector Services for the City and direct staff to issue an RFP.

FISCAL IMPACT: There is no fiscal impact associated with approval of the RFP to solicit proposals. Funding for the building inspection services has been appropriated in the City Council approved FY 22-23 Budget.

DISCUSSION: The City is seeking to solicit proposals for the building inspection services. The selected consultant shall implement all applicable State and Local codes to ensure construction projects are in full compliance with applicable regulations.

The following is a summary of the scope of services to be performed by the selected consultant:

1. Perform permit intake, plan check and inspections services, consistent with policies and procedures and applicable codes as referenced in the following:

LOS ANGELES COUNTY CODE, TITLE 30, RESIDENTIAL CODE
LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE
LOS ANGELES COUNTY CODE, TITLE 28, PLUMBING CODE
LOS ANGELES COUNTY CODE, TITLE 29, MECHANICAL CODE
LOS ANGELES COUNTY CODE, TITLE 27, ELECTRICAL CODE
LOS ANGELES COUNTY CODE, TITLE 31, GREEN BUILDING CODE
LOS ANGELES COUNTY CODE, TITLE 33, EXISTING BUILDING CODE CALIFORNIA CODE OF REGULATIONS, TITLE 24

2. Perform daily inspections; review plans to determine project scope and compliance with adopted codes and standards; maintain accurate records of permits and daily

inspections.

3. Inspect existing buildings and premises for change of use, occupancy or compliance with applicable codes and ordinances; work with the public to ensure structures are safe and ready for occupancy.

4. Inspect construction projects for compliance with all parts of Title 24 of the California Code of Regulations, including building/ fire codes and standards.

5. Inspect construction projects for compliance with City codes, design guidelines, planning, and zoning requirements.

6. Support office staff and provide counter service; respond to questions, return phone calls and emails; input correction notices and case-related comments into an automated data base; file and/or scan documents following field inspections.

7. Respond to inquiries from the public and contractors regarding codes and other issues with projects, both over the phone and at the public counter.

8. Assist with the investigation of complaints related to the State building code and City Ordinances, including but not limited to inspections for occupancy permits, structural property maintenance violations, etc.

9. Participate in professional/ public meetings and training, as required.

10. Assist with plan review at the counter.

11. Support the relationship between the City of South El Monte and the general public by demonstrating courteous and cooperative behavior when interacting with visitors, the public and City staff; maintain confidentiality of work-related issues and City information; perform other duties, as required or assigned.

12. Follows up to verify corrections for violations are made and takes appropriate action to ensure compliance.

13. Clearly notifies contractors of code violations with electronic compliance reports at the time of inspection.

14. Reviews non-complex plans for code compliance.

15. Evaluates existing buildings, on a complaint basis, for hazardous conditions and initiates
abatements procedures per the Los Angeles County Code, Title 33, Existing Building Code and the South El Monte Municipal Code public nuisance abatement procedures when warranted.

16. Studies technical literature and attends meetings to keep current on applicable codes and code changes as they occur.

The RFP for Building Plan Inspector Services release date is September 28, 2022 with a response date due by 12:00p.m on October 31, 2022.

Staff report prepared by Angie Hernandez.

ATTACHMENT(S):

A. RFP - Building Inspector Services

ATTACHMENT A

Request For Proposals

REQUEST FOR PROPOSALS FOR A

BUILDING INSPECTOR SERVICES TO

THE BUILDING DIVISION

RFP Release Date: September 28, 2022
RFP Response Due: 12:00 p.m. October 31, 2022

I. PURPOSE & SERVICES DESCRIPTION
The purpose of this Request for Proposals (RFP) is to select the most-qualified Consultant to provide Building Inspection Services to the Building/Housing Department. The Building Inspector will provide inspections for the Building and Housing Departments. This includes being responsible for the day-to-day operations of the building/housing inspections and providing technical code requirements relating to inspections. The City wishes to obtain Building Inspection Services under a Professional Services Agreement for a term of 3 years with two (2) additional automatic oneyear renewals. The City will award no more than one contract on a not-to-exceed basis.

II. SCOPE OF SERVICES
The following is a summary of the scope of services to be performed by the Consulting Firm:

I. Perform traditional initial Building Inspection review of submitted plans to determine compliance with construction codes as adopted and amended by City, including:

LOS ANGELES COUNTY CODE, TITLE 30, RESIDENTIAL CODE
LOS ANGELES COUNTY CODE, TITLE 26, BUILDING CODE
LOS ANGELES COUNTY CODE, TITLE 28, PLUMBING CODE
LOS ANGELES COUNTY CODE, TITLE 29, MECHANICAL CODE
LOS ANGELES COUNTY CODE, TITLE 27, ELECTRICAL CODE
LOS ANGELES COUNTY CODE, TITLE 31, GREEN BUILDING CODE
LOS ANGELES COUNTY CODE, TITLE 33, EXISTING BUILDING CODE CALIFORNIA STATE, TITLE 24
II. Perform daily inspections; review plans to determine project scope and compliance with adopted codes and standards; maintain accurate records of permits and daily inspections.

III. Inspect existing buildings and premises for change of use, occupancy or compliance with applicable codes and ordinances; work with the public to ensure structures are safe and ready for occupancy.

IV. Inspect construction projects for compliance with all parts of Title 24 of the California Code of Regulations, including building/ fire codes and standards.

V. Inspect construction projects for compliance with City codes, design guidelines, planning, and zoning requirements.

VI. Support office staff and provide counter service; respond to questions, return phone calls and emails; input correction notices and case-related comments into an automated data base; file and/or scan documents following field inspections.

VII. Respond to inquiries from the public and contractors regarding codes and other issues with projects, both over the phone and at the public counter.

VIII. Assist with the investigation of complaints related to the State building code and City Ordinances, including but not limited to inspections for occupancy permits, structural property maintenance violations, etc.

IX. Participate in professional/ public meetings and training, as required.

X. Assist with plan review at the counter.

XI. Support the relationship between the City of South El Monte and the general public by demonstrating courteous and cooperative behavior when interacting with visitors, the public and City staff; maintain confidentiality of work-related issues and City information; perform other duties, as required or assigned.

XII. Follows up to verify corrections for violations are made and takes appropriate action to ensure compliance.

XIII. Clearly notifies contractor of code violations with electronic compliance reports at the time of inspection.

XIV. Reviews non-complex plans for code compliance.

XV. Evaluates existing buildings, on a complaint basis, for hazardous conditions and initiates abatements procedures per the Los Angeles County Code, Title 33, Existing Building Code and the South El Monte Municipal Code public nuisance abatement procedures when warranted.

XVI. Studies technical literature and attends meetings to keep current on applicable codes and code changes as they occur.

EXTRA WORK
The CONSULTANT shall not perform extra work without verbal or written authorization from the Director of Community Development or his designated representative.

SERVICE LEVEL GOALS FOR MINOR PLAN CHECK REVIEW
The consultant agrees to provide adequate resources to achieve the following service delivery goals for timely performance of the work over which the CONSULTANT has decision authority. The overall service goal shall be set at 10 working days upon receipt of plans from

the City. The service goal for resubmittals shall be 5 days for smaller projects and may be up to 10 working days for complex projects. Service level goals are subject to modification upon mutual agreement of CONSULTANT and CITY.

III. INFORMATION TO BE INCLUDED IN THE QUALIFICATIONS SUBMITTAL (PROPOSAL)
• A description of the management and members of the Project Team. A Project Manager is to be designated by name and may not be changed without prior written approval by the City. All sub-consultants shall be identified.
• The amount of time to be allocated and availability of the Project Manager and other team members.
• The anticipated amount of City staff participation.
• Proposer's understanding of the project, scope of work, the methodology/concept to be applied and the approaches to be taken in accomplishing each task. • A detailed schedule identifying all pertinent tasks, the time required to complete each task and the tentative completion date of each task in terms of weeks. If selected, the consultant shall assign specific dates to the said schedule prior to commencing the project.
• Fee proposal: The fee proposal shall include all tasks required to perform the work with a maximum not-to-exceed fee for each task and a grand total not-to-exceed fee. Costs shall be all inclusive, including all overhead, materials, equipment, hourly labor rate, and all other miscellaneous direct and indirect costs. The scope of work provided in this RFP will be used as a guideline. It will be the selected Consultant's responsibility to identify all necessary tasks and costs associated with the services and to ensure the project is completed in full compliance as required with Federal and State labor standards and regulations. The fee will be required to identify costs associated with but not limited to providing crisis management services. The Consultant shall provide its services for duration of the agreement for the approved scope of work and fee. • Three (3) copies of the Proposal which must not to exceed 25 pages (double sided pages counts as 2 pages) AND one (1) digital copy in PDF format of the proposal shall be submitted to the City Clerk (Attn: Donna G. Schwartz, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, CA 91733).
• Attachment A (“Affidavit of Non-Collusion”) to be signed and submitted with proposal.

• Claim’s History - The proposer shall provide information on any litigation arising out of work related to their projects or their sub-consultant’s projects for the last ten (10) years. Please refer to Attachment B (“Claims History”). • Three (3) copies of a Cost Proposal for completing the proposed work shall be provided and may be placed in the same envelope as the Proposal. The proposer's fee for cost crisis management services shall be a fixed not-to-exceed lump sum amount.

IV. SELECTION AND EVALUATION PROCESS
The City is required by State law (GC § 4526) to select vendors for architectural, landscape architectural, engineering, environmental services, land surveying, and construction project management services based on demonstrated competence and professional qualifications, rather than competitive bidding, and at fair and reasonable prices.

Consultants will be evaluated based upon three criteria which are consistent with state law:

1. Mandatory Elements

1. The firm is properly licensed to practice in California, has no conflict of interest, adheres to the proposal instructions and includes a Letter of Transmittal

2. Qualitative Evaluation - expertise and experience, response to the scope of work, and allocation of resources as expressed in the written proposal B. Oral Presentation/Interview with an established Evaluation/Selection Committee.

C. Once firms are ranked based upon quality, staff will determine if the highest ranking firm’s cost proposal is reasonable prior to making a recommendation for selection. If the cost proposal is found to be unreasonable, staff will evaluate the next highest ranked firm’s cost proposal.

Determining a reasonable cost is based upon comparison of proposals, project budget, prior experience, comparative project costs in neighboring cities and professional judgment.

V. CORRECTIONS
Corrections or revisions to the RFP and other documents prepared by the Consultant are anticipated and shall be considered part of the normal preparation process. No extension of time or fees shall be allowed for corrections as described herein.

VI. GENERAL INFORMATION

• The Consultant is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.
• For the duration of the project the selected Consultant shall maintain the same Project Manager, as specified in the Proposal and approved by the City. In the event that the authorized Project Manager terminates employment, the Consultant shall make a demonstrated and concerted effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Project Manager will require written City approval.
• This Request for Proposal does not commit the City to pay any cost incurred in the preparation of a response.

VII. INSURANCE REQUIREMENTS
Refer to Section 13 (“Insurance”) of the Sample Professional Services Agreement included in this RFP as Attachment C for insurance requirements.

VIII. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reject any or all submitted qualifications, and no representation is made that any contract will be awarded pursuant to this Request for Proposals. All costs incurred in the preparation of the qualifications submittal (proposals) in the submission of additional information, and/or in any other aspect of a qualification’s submittal prior to the award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the respondent. All items submitted to the City shall become the property of the City. The Consultant selected will be required to sign the City's Professional Services Agreement prior to City Council approval, a copy of which will be provided upon request.

The City Council has final authority in the selection of the Consultant. For further information contact Colby Cataldi, Community Development Director at (626) 579-6540, ex 3218.

IX. CONSULTANT AGREEMENT
A sample of the City’s Professional Services Agreement is provided in this RFP as Attachment C. Your proposal shall contain a statement of the firm’s willingness to execute the contract with an indication of any contractual requirements for which the Consultant takes exception.

ATTACHMENTS TO FOLLOW

Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer.
(4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract. _________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: __________________________

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
• Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
• Forfeiture of a bid or proposal bond by proposer or any sub-consultant. • Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
• Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). • The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or construction management services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00. • Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state of federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
• Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification). • Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

ATTACHMENT C

SAMPLE PROFESSIONAL SERVICES AGREEMENT

01257.0001/695512.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2022 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and ___________________________, _________________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For

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purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be

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responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.]
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own

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expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 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.
(b) Automobile liability insurance. Consultant shall maintain 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 Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained

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by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The

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indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of

01257.0001/695512.1 13
uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be

01257.0001/695512.1 14
instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

01257.0001/695512.1 15

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

01257.0001/695512.1 16

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed,

01257.0001/695512.1 17
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by

01257.0001/695512.1 18
the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

IF APPLICABLE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.

CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/695512.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A.

B.

C.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A.

B.

C.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A.

B.

C.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

01257.0001/695512.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

01257.0001/695512.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

01257.0001/695512.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

City Council Agenda Report
Agenda Item No. 7.e.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 80, AWARDING A PROFESSIONAL SERVICES AGREEMENT
(PSA) TO NEIGHBORHOOD HOUSING SERVICES OF LOS

ANGELES COUNTY (NHSLA) TO ADMINISTER AND

IMPLEMENT THE CALHOME OWNER-OCCUPIED HOME

REPAIR PROGRAM
SUMMARY: Staff recommends City Council approve the award of a Professional Services Agreement (PSA) to Neighborhood Housing Services of Los Angeles County as the responsive, responsible bidder to administer and implement the CalHome OwnerOccupied Home Repair Program.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 80, awarding a professional services agreement to Neighborhood Housing Services of Los Angeles County to administer and implement the CalHome Home Repair Program for the amount not-to-exceed (NTE) 20% of the grant amount or $200,000.00.

FISCAL IMPACT: No fiscal impact on the General Fund. The contractor is being funded through CalHome grant funds, which is a Special Revenue Fund eligible for full reimbursement. The contract is 20% of the $1,000,000 total grant award, equating to $200,000.

DISCUSSION: On June 28, 2022, Staff requested City Council consideration of and approval to award the professional services agreement through Resolution No. 22-51 to Habitat for Humanity. After an in depth review of the terms and guidelines outlined by the Housing and Community Development Department (HCD), the consultant and City staff agreed not to execute the professional services agreement.

In Spring 2021, the City was notified the 2020 Notice of Funding Availability (NOFA) was being awarded $1,000,000.00 for the CalHome Owner-Occupied Home Repair program from the California Department of Housing and Community Development (HCD). The program provides financial assistance to qualified individual homeowners in the form of

deferred payment loans, repayable upon the sale or transfer of the homes, when the home ceases to be owner-occupied, or upon the loan maturity date, whichever occurs first (HSC §50650.3(c)(1)). The Loan shall be up to a 30-year term (Guidelines Section 7726, subd. (c)(5-6)). The standard agreement was not executed until January 2022, effective January 18, 2022 through May 25, 2025.

On March 22, 2022, the City issued a Request for Qualifications (RFQ) to establish a prequalified list of firms for grant program administration and select a firm to administer and implement the CalHome Owner-Occupied Home Repair program with a proposal due date of May 12, 2022. Two (2) firms submitted proposals: Neighborhood Housing Services of Los Angeles County (NHSLA) and San Gabriel Valley-Habitat for Humanity.

The proposals were evaluated based on the established criteria identified in the RFQ including compliance with the requirements, project understanding, experience, responsiveness and flexibility, experience of assigned staff, schedule efficiency, and references.

Staff recommends City Council approve a professional services agreement with Neighborhood Housing Services of Los Angeles County (NHSLA), as the most responsive, responsible bidder, to administer and implement the CalHome OwnerOccupied Home Repair program for a total amount not-to-exceed (NTE) 20% of the grant amount or $200,000.00 and authorize the City Manager to execute the agreement.

Staff report prepared by Angie Hernandez.

ATTACHMENT(S):

A. Resolution No. 22-80
B. Proposal for Services
C. Draft Professional Services Agreement

ATTACHMENT A

RESOLUTION NO. 22-80

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

NEIGHBORHOOD HOUSING SERVICES OF LOS ANGELES

COUNTY TO ADMINISTER AND IMPLEMENT THE CALHOME

HOME REPAIR PROGRAM
WHEREAS, in October 2020, the City submitted grant funding request to the State for CalHome funding; and
WHEREAS, in Spring 2021, the City was notified the 2020 Notice of Funding Availability (NOFA) was being awarded $1,000,000.00 for the CalHome owner-occupied home repair program from the California Department of Housing and Community Development (HCD); and WHEREAS, on March 22, 2022, the City Council authorized staff to issue a Request for Qualifications (RFQ) to establish a prequalified list of firms for grant program administration and select a firm to administer and implement the CalHome Owner-Occupied Home Repair program; and
WHEREAS, on May 12, 2022, the City received two (2) proposals for the solicited services; and
WHEREAS, the City staff evaluated the proposals and determined that Neighborhood Housing Services Of Los Angeles County submitted the most qualified and comprehensive proposal to provide the subject services for the project; and WHEREAS, the City staff determined that Neighborhood Housing Services Of Los Angeles County was the most responsive, responsible bidder for the project; and

NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

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

SECTION 2. Upon reviewing the proposals submitted to establish a prequalified list of firms for grant program administration and select a firm to administer and implement the CalHome Owner-Occupied Home Repair program, the City Council hereby finds that NEIGHBORHOOD HOUSING SERVICES OF LOS ANGELES COUNTY has submitted the most qualified proposal, in the amount not-to-exceed (NTE) 20% of the grant amount or $200,000.00.

SECTION 3. The City Council hereby authorizes the City Manager or designee to execute a professional service agreement with Neighborhood Housing Services of Los Angeles County in the amount not-to-exceed (NTE) 20% of the grant amount or $200,000.00 The City Attorney may amend the agreement as to form. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this 27th day of September, 2022. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-80 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 27th day of September, 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

01257.0001/695510.1 1

ATTACHMENT C

2 01257.0001/695510.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
NEIGHBORHOOD HOUSING SERVICES OF LOS ANGELES COUNTY (“NHSLA”) THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 27th day of September, 2022, by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and Neighborhood Housing Services of Los Angeles County (“NHSLA”), a California nonprofit corporation (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law and Standards. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. Consultant is also required to perform all work and services rendered hereunder in accordance with all professional and industry standards.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum

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contract amount of Two Hundred Thousand Dollars ($200,000) or 20% of the CalHome grant fund as allowed per HCD guidelines. (“Contract Sum”).

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

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3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two additional one-year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Lori R. Gay, President & CEO is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Colby Cataldi, Director of Community Development [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint

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enterprise with City. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount 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.
(b) Automobile liability insurance. Consultant shall maintain 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 Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each

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subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.

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(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the

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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but

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may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

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8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this

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Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Rene Salas, Interim City Manager
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:

Neighborhood Housing Services of Los
Angeles County, a California nonprofit
corporation
By:

Name: Lori R. Gay
Title: President & C.E.O
By:

Name: J.P. Veen
Title: Vice President and C.O.O
Address:3926 Wilshire Blvd, Suite #200
Los Angeles CA 90010______
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/695510.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01257.0001/695510.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01257.0001/695510.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Program Administration I. Waiting List
B. Marketing (as needed) J. Customer Relations
C. Program Guidelines (Manual) K. Project File/Management D. Bilingual Capabilities L. Review and Approval Applications E. Environmental Review (if applicable) M. Construction/Rehabilitation F. Photos – Before & After Catalog N. Property Standards (Zoning/Bldg Codes) G. Energy Efficiency O. Lead-Based Paint (if applicable) H. Final Inspection P. Final Documentation & Reporting
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Updated Program Guidelines (Manual)
B. Project Files includes photos
C. Marketing materials
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by assisting city staff in delivering the following status reports:

A. Quarterly Reports (Q1 JAN-MAR; Q2 APR-JUNE; Q3 JULY-SEP; Q4 OCTDEC) B. Annual Reports (reports due June 30)
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

01257.0001/695510.1
V. Consultant will utilize the following personnel to accomplish the Services:

A. Personnel selected by Consultant

01257.0001/695510.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

C-1
01257.0001/695510.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

RATE TIME
A. 20% of Awarded
Grant Funding;
as allowed per
HCD (California
Department of
Housing and
Community
Development)
guidelines
Not-to-exceed
$200,000 or 20%
of grant award
whichever is less
Grant Expiration
date :
05/31/2025; or
until grant funds
are expended;
whichever comes
first.

II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

D-1
01257.0001/695510.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

All projects shall be completed as requested by the City, and shall be completed prior to May 31, 2025. Both parties agree that all services rendered shall be covered by the CalHome Grant Funds.

II. Consultant shall assist city staff with data to deliver the following tangible work products to HCD/CalHome Grant reporting by the following dates.

A. Quarterly Reports (Q1 JAN-MAR/ Ends March 30 Due: April 30; Q2 APRJUNE/ Ends June 30, Due: July 31; Q3 JULY-SEP/ Ends: Sept 30, Due: Oct 31; Q4 OCT-DEC/ Ends: Dec 31, Due: Jan 31) These reports are due within 30 days of the quarter ending date.

B. Annual Reports (reports due June 30)
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

City Council Agenda Report
Agenda Item No. 11.a.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: LETTER FROM THE EL MONTE/ SOUTH EL MONTE

CHAMBER OF COMMERCE REQUESTING A FEE WAIVER

FOR THE USE OF THE COMMUNITY CENTER

AMPHITHEATER TO HOST AN INFORMATIONAL

CANDIDATE FORUM
SUMMARY: The El Monte / South El Monte Chamber of Commerce (Chamber) is requesting a fee waiver for the use of the South El Monte Community Center Amphitheater on Thursday, October 13, 2022 from 3:00 p.m. to 9:30 p.m. to host an Informational Candidate Forum.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider the reservation fee waiver requested by the Chamber in the amount of $1,749.00. This amount includes the facility rental fee of $325.00 and the remaining associated fees for the reservation, including staff time, cleaning, and damage deposits in the amount of $1,424.00.

FISCAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fee in the amount of $325.00.

The Chamber is also requesting that the City Council consider waiving the additional fees associated with the reservation including staff time, cleaning, and damage deposits in the amount of $1,424.00. Please find below the facility reservation fee waiver details summarizing the fees associated with the request:

Fees Waived
Description Units Total
Amphitheater Rental Fee $50.00 per hour x 6.5 hours $325.00 Total Fees Waived: $325.00

Non- Waived Fees for Considerations
Description Units Total
Staff Time $16.00 per hour x 2 staff x

6.5 hours
$624.00
Cleaning Fee $300.00 $300.00
Damage Deposit $500.00 $500.00
Insurance Coverage Agency will provide $0.00
Total Non- Waived Fees: $1,424.00
These amounts may vary based upon updates or further changes to the reservation. Any increase to the requested waiver amount will require City Council approval and should be submitted in a timely order by the Chamber in a letter format.

DISCUSSION: The Chamber is requesting to use the South El Monte Community Center Amphitheater on Thursday, October 18, 2022, from 3:00 p.m. to 9:30 p.m. and to waive the facility rental fee in the amount of $325.00.

In addition, the Chamber is also requesting the City Council to waive the staff fees, cleaning fee, and damage deposit in the amount of $1,424.00. According to the current City Council approved Facility Reservation Regulations and Fee Schedule, community partners and non-profit organizations are permitted a fee waiver request which solely covers the facility reservation rental fees. All other fees related to the reservation, such as, but not limited to, staff time, cleaning fees, and damage deposits are the responsibility of the Chamber. The City Council has the discretion to approve waiving a "non-waived fee" such as staff time, cleaning fee, and damage deposits.

Staff report prepared by Jayson Perez.

ATTACHMENT(S):

A. Fee Waiver Request Letter
B. Facility Reservation Application

ATTACHMENT B

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043

RECREATION SERVICES FACILITY & PARK

RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room __x_ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
Shively Park
____________ Field
____________ Picnic Area
Date of Event: October 13, 2022 Day(s): _Thursday Estimated Attendance: 100 + Purpose of Event/Function: Informational Candidate Forum _____________________________________________ Reservation Time: 3:00 pm to 9:30 pm Set up Time: 3:00 pm to 5:00 pm Kitchen Hours: ________ to ________ Clean up Time: ________ to ________ Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? ________ If yes, name of caterer? _________________________________ Will alcohol be served? No
Portable Stage needed? Yes
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

I have read, signed and agree to comply with the Facility Rules and Regulations.

Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________

APPLICANT INFORMATION
Name: Ken Rausch Organization/Business:

El Monte/ South El Monte Chamber of Commerce
Address: 1903 Durfee Ave. Suite 4 City: South El Monte Zip Code:91733 Home Phone: Work Phone:

Cell Phone: Email: [email protected]

City of South El Monte Recreation Services Department
APPLCIANT NAME: _EM/SEM Chamber of Commerce ____________ DATE OF USE: __10/13/22____________________ FACILITY: Community Center Amphitheater ____________________________________________________________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Building Fee $ 50_______ x _6.5 __ Hours $ 325.00
Staff Fee $ 16_____ x __3______ # Staff x _6.5___ Hours $ 624.00 Security Guard Fee $ _________ x _________ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ 300.00
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ NA
Liquor Premiums $ NA
Inflatable Bouncer $ NA
ABC Permit $ NA
TOTAL: $ 1,749.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 8x8 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________

CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.

Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

APPLICATION PROCESS:

1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.

2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.

3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.

4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.

5. Time requested must include decorating, event and clean-up time.

6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.

7. For events involving the general public, the applicant is required to procure Special Event Liability Insurance. The applicant shall furnish to the City appropriate certificates of public liability and property damage insurance in the amount of $1,000,000.00 naming the City as an additional insured under the policy. Such insurance shall be maintained and kept in force during all such times that the applicant uses the City Facilities. All insurance certificates required above shall provide that such certificates shall not be cancelled or materially changed without at least 30 days’ prior written notice to the City.

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).

3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.

4. Applicant cannot exceed the number attending on the application.

5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.

6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.

Security services will be added into total fees.

7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.

8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.

9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.

10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.

DECORATIONS/SET-UP:

1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.

2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

3. All decorations must be removed by the applicant at the conclusion of the event.

4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.

Violation will result in the closure of the event and forfeiture of all fees.

2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.

3. Smoking is not permitted on City property.

4. No profane language or disorderly or unseemly conduct is permitted in any City facility.

PROHIBITED CONTINUED:

5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.

6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.

7. No storage of private property is permitted on City premises.

8. City Facilities cannot be used for commercial purposes without written approval.

9. Bounce houses and petting zoos are not permitted on City facilities.

10. City equipment shall not be removed from any City facility.

11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals preapproved for use in special exhibits.

12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.

13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.

14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

REFUND OF SECURITY DEPOSIT:

1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.

2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.

3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.

CANCELLATION POLICY:

1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund

2. All other cancellations subject to a $25 administration fee.

CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.

Applicant’s Signature: _________________________________________ Date: ______________________

City Council Agenda Report
Agenda Item No. 12.a.

DATE: September 27, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: MAYOR PRO TEM MANUEL ACOSTA

1. Consideration to Extend Senior Water Aerobics Program Through the End of October
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

Successor Agency Agenda Report
Agenda Item No. 19.a.

DATE: September 27, 2022
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR JULY 26, 2022
SUMMARY: Staff is requesting approval of the Minutes of the July 26, 2022, Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of July 26, 2022.

FISCAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. Minutes

CITY OF SOUTH EL MONTE

SUCCESSOR AGENCY MEETING MINUTES
TUESDAY, JULY 26, 2022 - 6:00 p.m.

Successor Agency Meeting Immediately Followed Regular City Council Meeting

ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE

SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting

1. CALL TO ORDER AND ROLL CALL
Chair Olmos called the meeting to order at 8:17 p.m.

PRESENT: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.

STAFF PRESENT: Rene Salas, Interim Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary; and Paola Lara, Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. APPROVAL OF AGENDA
A motion was made by Board Member Delgado, seconded by Councilmember Angel to approve the agenda. Motion carried 5-0, by the following vote:

AYES: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.

NAYS: None.

3. PUBLIC COMMENTS

Chair Olmos opened public comment, there being none, closed public comment.

4. CONSENT CALENDAR
A motion was made by Board Member Delgado, seconded by Board Member Retamoza to approve the Consent Calendar. Motion carried 5-0, by the following vote:

AYES: Board Member(s): Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos.

NAYS: None

4.a. Approved the Regular Successor Agency Meeting Minutes of June 28, 2022.

4.b. Adopted Resolution No. SA 22-02, authorizing payment of City expenditures for the period of July 13, 2022, through July 26, 2022, totaling $8,699.00.

5. EXECUTIVE DIRECTOR'S AGENDA – None

6. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 8:19 p.m. Chair Olmos adjourned the meeting.
___________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair