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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, City Manager
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: 1903 Durfee Ave.
Suite 4
South El Monte, CA 91733
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
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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.
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EXHIBIT “A”
SCOPE OF SERVICES
➢ Task A: Economic Business Development
➢ Independent Advocate for Businesses and Community
➢ Serve as information bureau to its members and new businesses by properly communicating City information. The information bureau shall serve the business and residential community
➢ Complimentary Email Blasts to the Chamber Membership
Promoting City events
➢ Direct inquiries concerning community facilities and services to refer callers to the appropriate City departments
➢ Business liaison between businesses and City to promote South El Monte as “Business Friendly”. Assist city staff in addressing potential issues of concern with businesses and the city
➢ Available to work with City staff to coordinate and promote meetings with businesses in order to minimize additional City staff time ➢ Facilitate tours of major businesses with elected officials ➢ Provide Certificate of Origin documentations to US businesses that export goods
➢ Working close with the Economic Development Department to recruit new businesses to South El Monte
➢ Semi-Annual updates at City Council meetings
➢ Task B: Business Advisory Council
➢ Chamber of Commerce has created a Business Advisory Council (BAC).
The BAC will be comprised of local Chamber member businesses and community leaders that discuss challenges and obstacles in our community. We will address these challenges and offer possible solutions to encourage new business growth and foster a pro-business ecosystem.
The purpose of the BAC is to assist in developing programs and services that focus on the needs of local neighboring business to encourage innovation and growth of small and large businesses. The goal of the Chamber’s BAC is to provide education, advocacy and business development for business members and community involvement.
The BAC will meet quarterly, preferably at lunch and Minutes of our meetings will be kept insuring accountability.
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➢ Task C: Visitor Business Resource Guide, City Map and 100 Year Anniversary Promotional Magazine
➢ Create a high-quality city-wide Business Resource Guide, City map 100 year anniversary promotional magazine to assist existing and potential visitors to South El Monte Businesses. Map will facilitate city staff and in promoting the city’s potential venues. Chamber of Commerce is responsible for working with the vendor to ensure accurate business listings and distribution.
➢ Task D: Promoting the Community
➢ Maintain up-to-date website with pertinent community information with links to the City
➢ Distribute unlimited city flyers and calendars (as provided) via email blasts to Chamber membership
➢ Progressive social media presence on Facebook & instagram promoting the City, businesses and local events
➢ Welcome and recognize new businesses in the community ➢ Work with local businesses to coordinate charity fundraisers and assist City in sponsoring/hosting events
➢ Facilitate Ribbon Cuttings/Grand Openings with the city to save city labor costs and time
• Task E: Community Activities - Showcase City dignitaries, employees and businesses at Chamber Events
➢ Ribbon Cutting Ceremonies
Coordinate and produce Ribbon Cutting ceremonies
complete with City and elected official certificates and city dignitary appearance
➢ Installation and Awards Event
Coordinate and produce event
➢ Give a Toy, Give a Joy Toy Drive
Coordinate and produce the event that raises funds
and donations to local charities
➢ Taste and Sounds of El Monte/South El Monte
Coordinate and produce the event to promote local restaurants and talent.
➢ Christmas Tree Lighting Ceremony
Presentation of Chamber ornament representing the businesses ➢ Elected Official Legislative Luncheons
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Coordinate and produce these events to showcase the City of South El Monte and host elected officials for exposure to our businesses and residents.
➢ Work with the Chamber’s Non-Profit Organization fund-raising efforts and endorsements – South El Monte/El Mote Chamber of Commerce Educational Foundation
➢ Principal for a Day - Produce and coordinate the annual event with the El Monte Union High District (EMUHSD)
➢ Back to School Resource Fair - Assist South El Monte’s event by providing school supplies (crayons, folders, notebook
➢ Car Show – sometime in September at Community Center Parking lot ➢ Classic Golf Tournament – California Country Club
• Task F: Educational Programs
Chamber will coordinate workshops specific to the needs of the community on a as-needed basis. Partial list of topics include: CPR Certification, Workers Compensation Fraud, Recycling and your Business, Small Business Administration Loans, Disaster Preparedness, State Board of Equalization, Financial Workshops, Fire Hydrant use
• South El Monte/El Monte Chamber of Commerce Educational Foundation – Administrator
• Ms. And Mr. Friendly El Monte/South El Monte Pageant Scholarships for our local students.
• Task G: Legislative Involvement
Chamber will be actively involved with local elected officials to maintain awareness and advise City staff of topics of interest. This includes a working Legislative Committee (business and elected official’s representatives) who meet monthly on the third Thursday of the month.
➢ Chairperson of the San Gabriel Valley Legislative Coalition of Chambers.
Meets monthly on the second Thursday of the month.
➢ Through the Legislative Committee, provide business information to Chamber members and serve as a forum for City, County, State and Federal interrelationships and dialogue.
➢ Review and recommend proposed business legislation and concerns to the City
➢ Write correspondence per requests of staff regarding special interests ➢ Environmental Justice participant with CalEPA
➢ Work with local utilities (SCE,So Cal Gas, Metro, Metropolitan Water) with their legislative efforts
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I. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Semi- Annual updates at City Council Meetings
II. 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 delivering the following status reports:
A. Semi-Annual updates at the City Council meetings
III. 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.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Christine Knight, Director of Membership and Marketing
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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.
Section 6.4
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 Consultant (if the City of South El Monte (City) pays for the full amount of the event, services or documents and materials, City will be entitled to the documents and materials, if this condition is met) 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.
C-1
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Tasks A-H: Paid quarterly in the amount of $5,000 for a maximum annual compensation of $20,000.
II.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget 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.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
D-1
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
The schedule
shall be
determined
upon mutual
agreement of
the parties
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Quarterly Reports detailing all tasks accomplished during the quarter served on the City in conjunction with the invoice.
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. 12.a.
DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: MAYOR GLORIA OLMOS
1. Consideration of displaying a Lazer Drone Firework
spectacular as a firework show for the Fourth of July
Extravangaza. Aerial entertainment can be seen throughout the entire city, and is environmentally eco-friendly.
RECOMMENDED ACTION: Discussion and/or action.
SUMMARY: DIscussion and/or action.
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 12.b.
DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: MAYOR PRO TEM RICHARD ANGEL
1. In response to the devastating 7.8 earthquake in Turkey, discuss and consider hosting a community stakeholders meeting to include Valle Lindo School District, LA County Fire, LA County Sheriffs, South El Monte High School, and Epiphany School.
RECOMMENDED ACTION: Discussion and/or action.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None