Agenda packet — South El Monte City Council, February 15, 2023 (part 1 of 2)

Gloria Olmos, Mayor
Richard Angel, Mayor Pro Tem
Manuel Acosta, Councilmember
Rudy Bojorquez, Councilmember
Hector Delgado, Councilmember
Rene Salas, City Manager
Donna G. Schwartz, City Clerk
Anthony R. Taylor, City Attorney

CITY OF SOUTH EL MONTE

CALL AND NOTICE OF

SPECIAL MEETING

CALLED BY MAYOR GLORIA OLMOS
NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council of the City of South El Monte will be held on Wednesday, February 15, 2023 at City Hall in the Council Chambers, 1415 Santa Anita Avenue, South El Monte, CA 91733 AGENDA
February 15, 2023, 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#

For both open and closed session each speaker will be limited to five minutes. Time limits may not be shared with other speakers and may not accumulate from one period of public comment to another or from one meeting to another. This is the only opportunity for public input except for scheduled public hearing items. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

Page 1 of 186 ends

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/City-Council-AgendasMinutes 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

Page 2 of 186 ends

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

2. PLEDGE OF ALLEGIANCE
Councilmember Hector Delgado

3. INVOCATION
Brianna Badar, Public Works Administrative Clerk, City of South El Monte

4. PRESENTATIONS

4.a. Presentation by Vazquez & Company LLP on the Audit of the City’s Financial Statement for Fiscal Year End June 30, 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 REGULAR CITY
COUNCIL MEETING MINUTES OF JANUARY 24, 2023

Staff is requesting approval of Minutes for the January 24, 2023 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 24, 2023.

Page 3 of 186 ends

CONSENT CALENDAR (CONTINUED)

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-15, APPROVING WARRANTS FOR THE PERIOD OF JANUARY 25, 2023
THROUGH FEBRUARY 15, 2023

Authorizing payment of City expenditures for the period of January 25, 2023 through February 15, 2023, totaling $1,413,181.48.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-15, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-16,

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 FEBRUARY 15, 2023 THROUGH MARCH 16,
2023

On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 23-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g. Zoom), for the period of February 15, 2023 through March 16, 2023.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-16, 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 February 15, 2023 through March 16, 2023.

7.d. COUNCIL TO RECEIVE AND FILE SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT’S RECOGNIZED

OBLIGATION PAYMENT SCHEDULES FOR THE ANNUAL PERIODS
JULY 1, 2022 THROUGH JUNE 30, 2023 (“ROPS 22-23”) AND JULY 1, 2023 THROUGH JUNE 30, 2024 (“ROPS 23-24”)

On January 24, 2022, the County Oversight Board approved SA’s ROPS 22-23 by adopting Resolution No. OB 22-1. On January 18, 2023, the County Oversight Board approved SA’s ROPS 23-24 by adopting Resolution No. OB 23-1. Staff requests City Council to receive and file ROPS 22-23 and ROPS 23-24.

RECOMMENDED ACTION: Staff recommends City Council receive and file ROPS 22-23 and ROPS 23-24.

Page 4 of 186 ends

8. PUBLIC HEARINGS

8.a. Continued from the February 14, 2023 Regular City Council Meeting - CONSIDERATION AND APPROVAL OF URGENCY ORDINANCE NO.
1264-U, AMENDING ORDINANCE NO. 1263-U, EXTENDING THE CAR

WASH USE AND EXPANSION MORATORIUM

Staff is requesting City Council adopt Urgency Ordinance No. 1264-U amending Urgency Ordinance No 1263-U extending the current 45-day moratorium for additional time of ten (10) months and fifteen (15) days per Government Code Section 65858, for a total of a one-year moratorium.

The Urgency Ordinance must be adopted by a four-fifths vote of the legislative body, and notice of public hearing shall be given at least 10 days prior to the hearing per Government Code Section 65858.

RECOMMENDED ACTION: Staff recommends City Council:

1. Conduct a public hearing;

2. Take public testimony; and

3. Adopt Urgency Ordinance No. 1264-U amending Urgency Ordinance No. 1263-U, extending the 45-day moratorium by ten (10) months and fifteen (15) days prohibiting the establishment or expansion of car washes within City limits during the pendency of the City's review and adoption of permanent zoning regulations for such uses.

9. GENERAL BUSINESS

9.a. PRESENTATION AND DISCUSSION ON A HOMELESS ACTION PLAN

Previously, the City Council requested that staff and the City Attorney provide guidance and information regarding additional programming, steps, or action plans to address homelessness/houselessness in South El Monte. Staff and the City Attorney have prepared a presentation on the different possibilities available to the City, including further collaboration with LA County and surrounding cities, declaring a state of emergency, obtaining state funding to provide housing for homeless and at-risk populations, and establishing a task force.

RECOMMENDED ACTION: Staff recommends City Council discuss and provide direction regarding additional steps or programming to pursue in order to address homelessness/houselessness in South El Monte.

9.b – 9.d next page.

Page 5 of 186 ends

GENERAL BUSINESS (CONTINUED)

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-17,

APPROVING FIRST AMENDMENT TO AGREEMENT WITH VASQUEZ
& COMPANY LLP FOR AUDITING SERVICES

On January 11, 2022, the City adopted Resolution No. 22-03, awarding a three-year contract to Vasquez & Company LLP for auditing services with two one-year extension options. On September 6, 2022, Vasquez informed the City that due to a significant increase in cost, Vasquez would like to adjust its fees, or possibly terminate the contract early.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-17, approving first amendment to the agreement with Vasquez & Company LLP and if approved:

2. Authorize City Manager or designee to negotiate and execute agreement.

9.c. CONSIDERATION AND APPROVAL FOR AUTHORIZATION TO SEEK REQUEST FOR PROPOSALS (RFPs) FOR NEWSLETTER

PUBLICATION SERVICES

Staff seeks City Council approval of an RFP for Newsletter Publishing Services.

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

9.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-18,

APPROVING AGREEMENT WITH EL MONTE/SOUTH EL MONTE

CHAMBER OF COMMERCE FOR ECONOMIC AND BUSINESS

DEVELOPMENT

The El Monte/South El Monte Chamber of Commerce (Chamber) provides services to the business community and to the City of South El Monte.

The proposed new contract will continue promoting economic development, performing business outreach, and assisting existing businesses and new businesses to establish themselves in the community. Currently, the City pays $2,500 quarterly to the El Monte/South El Monte Chamber.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-18, approving an agreement with the El Monte/South El Monte Chamber of Commerce; and

2. Authorize City Manager or designee to negotiate and execute agreement.

Page 6 of 186 ends

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 - None

12. COUNCILMEMBERS’ AGENDA

12.a. 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.

12.b. 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.

13. CLOSED SESSION

13.a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) – (one case)

13.b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4) – (four cases)

14. ADJOURNMENT
Tuesday, February 28, 2023, 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 9
th day of February 2023.

City Clerk, CMC

Page 7 of 186 ends

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

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Interim Finance Director
SUBJECT: Presentation by Vazquez & Company LLP on the Audit of the City’s Financial Statement for Fiscal Year End June 30, 2022 SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Presentation

Page 8 of 186 ends

PRESENTATION TO

THE COUNCIL OF

THE CITY OF

SOUTH EL MONTE
February 15, 2023

Page 9 of 186 ends

1 / AGENDA  Scope of Services
 Independence
 Summary of Audit Results
 Financial Statements Audit
 Significant Deficiencies
 Audit Recommendations
 Single Audit
 Financial Highlights
 Overall Observations
 Required Communications
 Questions
 Contact Information

Page 10 of 186 ends

2 Vasquez & Company LLP meets the independence requirements of the Government Auditing Standards as it relates to the City.

The Financial Statement
Audit
•City’s basic financial
statements
City’s Single Audit
Year-Round Consultation
on Financial and
Accounting Matters
1 2
3 / SCOPE OF SERVICES

Page 11 of 186 ends

3 / 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 the City.

Page 12 of 186 ends

4 SUMMARY OF AUDIT RESULTS

Page 13 of 186 ends

5 / FINANCIAL STATEMENTS AUDIT
Unmodified Opinions 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.

Government Auditing
Standards
• Internal Control over Financial Reporting
- Prior Year significant deficiencies noted
were being addressed by the City.
• Compliance and Other Matters
- Our tests disclosed no instances of
noncompliance.

Page 14 of 186 ends

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

2. Revenue Recognition in the Proper Accounting Period
• Review and implement the City’s revenue recognition policy. / SIGNIFICANT DEFICIENCIES
The City has partially implemented processes to address the following repeat internal control findings:

Page 15 of 186 ends

7 • Other internal control recommendations
are communicated in a separate letter
to Management
• Sent to the City Council as part of the
Required Communication Letter
/ AUDIT

RECOMMENDATIONS

Page 16 of 186 ends

8 8
 ALN 21.027
Coronavirus Relief Fund (CRF) and Coronavirus Local Fiscal Recovery Funds under American Rescue Plan Act (ARPA) ($4.9 million) Major Program
Covers 80% of total Federal expenditures of $6.1 million.  Fieldwork in progress
STATUS:
/ SINGLE AUDIT

Page 17 of 186 ends

9 / FINANCIAL HIGHLIGHTS: GENERAL FUND
Fund Balance The City’s General Fund (GF) total fund balance increased by $2.6 million during the year (from $7.3 million in 2021 to $9.9 million at the end of 2022).

The actual budgetary fund balance of $9.9 million at the end of the FY is higher than the budgeted amount by $2.6 million. (ACFR p. 59)
Unrestricted GF balance totaling $9.8 million represents 6.6 months of average GF expenditures. GFOA recommends, at a minimum, 2 months of average expenditures.

Revenues General Fund revenues (excluding transfers in) increased $3.1 million or 18% from the prior fiscal year due to increases in taxes, charges for services and intergovernmental revenues.

Expenditures Increased by $.8 million (excluding transfers out), largely from the increase in the pension expense.

Page 18 of 186 ends

10 / FINANCIAL HIGHLIGHTS: GENERAL FUND

CONTINUED
2020 2021 2022
Nonspendable $ 13,500 $ 25,284 $ 157,994
Restricted - - -
Unassigned 6,385,767 7,282,147 9,783,275
Total Fund Balance $ 6,399,267 $ 7,307,431 $ 9,941,269
Unassigned Fund Balance
(Ratio) to Monthly GF
Expenditures 4.8 5.2 6.6
Monthly Operating Expenditures
(excluding transfers) $ 1,341,376 $ 1,407,812 $ 1,475,768

Page 19 of 186 ends

11 Overall Net
Position
The City’s overall net position increased by $9.7 million, from $27.9 million to $37.6 million as of June 30, 2022. (ACFR p. 7)
Revenues Total revenues increased by $11.8 million. Taxes and charges for services were higher in FY 2022 due to economic recovery from the easing of COVID-19 restrictions. (ACFR p. 9)
Expenses Expenses increased by $3.5 million, from $21.3 million in FY 2021 to $24.8 million in FY 2022. (ACFR p. 9)
/ FINANCIAL HIGHLIGHTS: GOVERNMENT-WIDE

Page 20 of 186 ends

12 / FINANCIAL HIGHLIGHTS: GOVERNMENT-WIDE

CONTINUED
2020 2021 2022
Net investment in capital assets $ 15,385,721 $ 15,288,354 $ 15,977,775 Restricted 14,656,475 16,729,055 21,420,259
Unrestricted (3,573,319) (4,109,027) 236,441
Total Net Position $ 26,468,877 $ 27,908,382 $ 37,634,475 Net Pension Liability $ 8,238,409 $ 8,857,694 $ 5,731,666 Net OPEB Liability 1,616,518 1,928,082 1,191,974

Page 21 of 186 ends

13 / OVERALL OBSERVATIONS
 The City’s Finance Department and others involved in the audits have been cooperative and helpful throughout the audit process.  First time in 10 years to complete the audit within 180 days from fiscal year-end.
 The City applied for GFOAAwards in FY 2022.
 Vasquez incurred significant budget overrun due to the review of IT controls, and additional work performed because of new accounting system implementation, among others.

Page 22 of 186 ends

14 REQUIRED COMMUNICATIONS

Page 23 of 186 ends

15 / REQUIRED COMMUNICATION TO THOSE

CHARGED WITH GOVERNANCE
Management’s
Responsibility
Management has primary responsibility for the accounting principles used, their consistency, application and clarity. During the year, the City adopted GASB 87, Leases.

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.

Page 24 of 186 ends

16 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.

Audit
Adjustments
Management agreed to record adjustments that we proposed during the audit. We are not aware of any uncorrected misstatements other than misstatements that are clearly trivial.

Conditions of
Retention
No significant issues were discussed, or subject to correspondence, with management prior to retention.
/ REQUIRED COMMUNICATION TO THOSE

CHARGED WITH GOVERNANCE, CONTINUED

Page 25 of 186 ends

17 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 provided us with a signed copy of the management representation letter prior to issuance of our auditor’s opinions.
/ REQUIRED COMMUNICATION TO THOSE

CHARGED WITH GOVERNANCE, CONTINUED

Page 26 of 186 ends

18 QUESTIONS

Page 27 of 186 ends

19 / Contact
Information Cristy Canieda, CPA, CGMA
213-873-1720 OFFICE
[email protected]
Rhoda Dollaga, CPA
213-873-1746 OFFICE
[email protected]
www.vasquez.cpa
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.

Los Angeles \ San Diego \ Irvine \ Sacramento \
Fresno \ Phoenix \ Las Vegas \ Manila, PH

Page 28 of 186 ends

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

Page 29 of 186 ends

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

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF JANUARY 24, 2023
SUMMARY: Staff is requesting approval of Minutes for the January 24, 2023 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of January 24, 2023.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Minutes

Page 30 of 186 ends

Page 1 of 7 ends

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, JANUARY 24, 2023 - 6:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 6:01 PM
PRESENT: Councilmember(s): Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
ABSENT: Councilmember(s): Acosta
STAFF PRESENT: Rene Salas, Interim City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Masami Higa, Interim Finance Director, and Paola Lara, Deputy City Clerk.

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

2. PLEDGE OF ALLEGIANCE – Councilmember Rudy Bojorquez led the Pledge of Allegiance

3. INVOCATION – Pastor Don Antelo, Calvary Chapel of South El Monte, offered the invocation.

4. PRESENTATIONS

4.a. Mayor Olmos and City Council presented Plaques to City Employees in recognition of their years of service.

4.b. Mayor Olmos and City Council presented a Plaque and Boxing Belt to Ben Lira for his years of service and commitment to the youth boxing program.

4.c. City Council received a report from the Sheriff’s Department and discussed matters concerning law enforcement in the City for the month of December 2022.

At 6:27 p.m. Councilmember Acosta joined the meeting.

4.d. next page.

Page 31 of 186 ends

Page 2 of 7 ends

4.d. City Council received a report from Code Enforcement and Public Safety Supervisor Joe Martinez on code enforcement and public safety activities for the month of December 2022.

Councilmember Delgado recommended taking a more aggressive approach when dealing with homeless individuals camping on the City’s right-of-way or on private property, recommended establishing an ordinance to have vacant properties fenced off, working with the Chamber of Commerce to inform businesses to post “No Loitering” signs, and spoke about possibly establishing a State of Emergency due to the homeless situation in the city.

Staff was directed to bring back a staff report about the possibilities of fencing off vacant properties in the City and establishing a State of Emergency due to the homeless situation.

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

ORDINANCES
A motion was made by Councilmember Acosta, seconded by Councilmember Delgado to approve the agenda. Motion passed 5-0, by the following vote:

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

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Elena Robles, Deputy District Director representing Congresswoman Grace Napolitano, introduced herself and stated Congresswoman Napolitano looks forward to serving the City of South El Monte.

2. George Anguiano, South El Monte Little League, thanked City Council for everything they do for the children and stated they will send invitations to Council for their events.

There being no further comment, Mayor Olmos closed public comment.

7. CONSENT CALENDAR
City Attorney Anthony R. Taylor read the title of Ordinance No. 1262.

A motion was made by Councilmember Acosta, seconded by Councilmember Bojorquez to approve the Consent Calendar. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Angel, Bojorquez, Delgado, Mayor Pro Tem Acosta and Mayor Olmos

Page 32 of 186 ends

Page 3 of 7 ends

NAYS: Councilmember(s): None

7.a. Approved the Minutes of the Regular City Council Meeting of January 10, 2023.

7.b. Adopted Resolution No. 23-06, authorizing payment of City expenditures for the period of January 11, 2023 through January 24, 2023, totaling $826,233.33.

7.c. Adopted Ordinance No. 1262 establishing a Commission for the Advancement of Women and Girls and adding Chapter 2.50, “Commission for the Advancement of Women and Girls,” under Title 2 “Administration and Personnel.”

7.d. Adopted Resolution No. 23-07, authorizing the sale of eleven obsolete City Vehicles and authorized Interim City Manager or designee to hire an auction company to dispose of the obsolete vehicles.

7.e. Adopted Resolution No. 23-08, awarding a professional service agreement to Kimley-Horn and Associates, Inc. for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. Project in the amount of $62,226.45 and authorized Interim City Manager or designee to negotiate and execute the agreement.

7.f. Adopted Resolution No. 23-09, approving First Amendment to the Contract Services Agreement with Transtech Engineers, Inc. to provide Public Outreach Services for the Civic Center and Interjurisdictional Bicycle Lanes Project in the amount of $82,742 and authorized Interim City Manager or designee to negotiate and execute the agreement.

7.g. Adopted Resolution No. 23-10, approving Amendment No. 11 to extend existing agreement Subaward Number ENP202110 with the County of Los Angeles and authorized Interim City Manager, or designee, to execute the agreement.

7.h. Adopted Resolution No. 23-11, 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 January 24, 2023 through February 15, 2023.

7.i. Adopted Resolution No. 23-12, amending Resolution No. 23-04, Calling for a Public Hearing on February 22, 2023, to Identify Nonprofit Organizations Readily Available to Provide Services for Public Transportation Projects Under the Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program.

Page 33 of 186 ends

Page 4 of 7 ends

8. PUBLIC HEARINGS

8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-13,

AUTHORIZING THE ALLOCATION OF THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR
(FY) 2023–24
Mayor Olmos announced the item.

Mayor Olmos opened the public hearing, there being no public comment, closed the hearing.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Delgado to adopt Resolution No. 23-13, authorizing the allocation of the CDBG funds for fiscal year (FY) 2023-24, authorize Interim City Manager to execute agreement for the FY 2022–23 CDBG project with the Los Angeles County Development Authority, subject to approved as to form by the City Attorney, and authorize Interim City Manager to adjust the project budget as necessary to account for final CDBG allocations and any amounts unexpended at the close of FY 2022-23. Motion passed 5-0, by the following vote:

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

9. GENERAL BUSINESS

9.a. APPOINTMENT OF COUNCIL DELEGATE TO THE CALIFORNIA

CONTRACT CITIES ASSOCIATION
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez to appoint Councilmember Acosta as delegate to the California Contract Cities Association. Motion passed 5-0, by the following vote:

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

9.b. UPDATE TO THE CONCEPT FOR THE ROSEMEAD BOULEVARD

CORRIDOR ENHANCEMENT PLAN AND THE SAN GABRIEL VALLEY

TRANSIT FEASIBILITY STUDY
Mayor Olmos announced the item and Interim City Manager provided the staff report.

Brent Ogden, San Gabriel Valley Council of Governments, presented a PowerPoint on the San Gabriel Valley Transit Feasibility Study and presented

Page 34 of 186 ends

Page 5 of 7 ends

three design options for the project sections on Rosemead Boulevard and three design options for Garvey Avenue.

James Powell, Alta Planning and Design Inc., presented a PowerPoint on the Rosemead Boulevard Corridor Study and presented two different design options for Rosemead Boulevard.

City Council discussed questions and concerns they had with the project designs presented for Rosemead Boulevard with regard to bus capacities, bike lanes, loss of street parking, and lane removals.

A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Angel to receive and file the report. Motion passed 5-0, by the following vote:

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

9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-14,

APPROVING THE APPOINTMENT OF RENE SALAS AS CITY

MANAGER AND APPROVAL OF CITY MANAGER EMPLOYMENT

AGREEMENT
City Attorney Anthony R. Taylor read the compensation and term of the City Manager employment agreement.

A motion was made by Councilmember Delgado, seconded by Councilmember Bojorquez to adopt Resolution No. 23-14, approving the employment agreement between the City and Rene Salas for the position of City Manager and authorizing the Mayor to execute the employment agreement. Motion passed 5-0, by the following vote:

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

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced his attendance at the City’s Lunar New Year Luncheon and Water Education for Latino Leaders Workshop.

Councilmember Bojorquez nothing to report.

Councilmember Delgado announced his attendance at the Greater Los Angeles County Vector Control District Meeting.

Mayor Pro Tem Angel announced his attendance at the City’s Lunar New Year Luncheon

Page 35 of 186 ends

Page 6 of 7 ends

Mayor Olmos announced her attendance at the City’s Lunar New Year Luncheon, announced SEAACA still has adoption opportunities, and Greater El Monte Hospital received multiple 5-star awards.

11. CORRESPONDENCE

11.a. LETTER FROM SOUTH EL MONTE NATIONAL LITTLE LEAGUE

REQUESTING A FACILITY FEE WAIVER FOR THE USE OF NEW

TEMPLE PARK FIELDS AND THE COMMUNITY CENTER GYM,

CONSIDERATION TO WAIVE THE PARK LIGHTING FEES, AND

CONSIDERATION TO WAIVE THE FEES FOR THE INSTALLATION

AND TEAR DOWN OF THE FIELD FENCES
Mayor Olmos announced the item.

Christina Rodriguez, South El Monte Little League, provided information regarding the removal of five fences at New Temple Park.

A motion was made by Councilmember Acosta, seconded by Councilmember Delgado to approve the facility reservation fee waiver request for the use of the New Temple Park fields and Community Center Gymnasium and waive the light fees and the associated labor cost incurred to install and remove five fences at New Temple Park totaling $56,950.

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

12. COUNCILMEMBERS’ AGENDA - None

13. CLOSED SESSION
At 8:01 p.m. City Attorney Anthony R. Taylor recessed Council into closed session.

13.a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9 – (three cases) At 8:33 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.

City Attorney Anthony R. Taylor announced City Council discussed item 13.a. No action taken, nothing to report.

Page 36 of 186 ends

Page 7 of 7 ends

14. RECESS COUNCIL MEETING
Mayor Olmos recessed the meeting at 8:34 p.m. to the Successor Agency meeting.

Mayor Olmos adjourned the Successor Agency meeting at 8:36 p.m.

Mayor Olmos reconvened the City Council meeting at 8:36 p.m.

ADJOURNMENT
At 8:36 p.m. Mayor Olmos adjourned the meeting in memory of the eleven victims of the Monterey Park shooting and held a moment of silence, to a Regular Meeting on Tuesday, February 14, 2023, at 6:00 p.m. ______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

Page 37 of 186 ends

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

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-15, APPROVING WARRANTS FOR THE PERIOD OF
JANUARY 25, 2023 THROUGH FEBRUARY 15, 2023
SUMMARY: Authorizing payment of City expenditures for the period of January 25, 2023 through February 15, 2023, totaling $1,413,181.48.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-15, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 23-15
B. Warrant Register

Page 38 of 186 ends

ATTACHMENT A

RESOLUTION NO. 23-15

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF JANUARY 25, 2023, THROUGH FEBRUARY 15,
2023, TOTALING $1,413,181.48.

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.
_____________________________________
Interim 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 1/24/23-02/15/23 DFT0000451-472 $263,415.06 FY 22/23 Regular Warrants 1/24/23-02/15/23 11630-744 $899,700.41 Payroll Manual Check PPE 1/21/23 1303 $729.58
Payroll Check PPE 1/21/23 1304-1313 $10,109.87
Payroll Direct Deposit PPE 1/21/23 3182-3262 $108,882.09 Payroll Check PPE 2/04/23 1314-1322 $9,831.23
Payroll Direct Deposit PPE 2/04/23 3263-3349 $120,136.34 Payroll Manual Check PPE 2/04/23 1323 $376.90
TOTAL EXPENDITURES RESOLUTION NO. 23-15 $1,413,181.48
PASSED, APPROVED, AND ADOPTED this 15th day of February 2023. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

Page 39 of 186 ends

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. 23-15, 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 15th day of February 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

Page 40 of 186 ends

Amount
Warrant Register
South El Monte, CA Council Meeting 02/15/23
Account Number Vendor Name Payment Number Payment Date Description (Item)

01.0000.0000.2245 CALIFORNIA TEAMSTERS LOCAL 911 11630 01/19/2023 JAN'23 ADMIN 1,120.00

01.0000.0000.2245 CALIFORNIA TEAMSTERS LOCAL 911 11630 01/19/2023 JAN'23 MISC 528.00

01.0000.0000.2230 NATIONWIDE RETIREMENT SOLUTIONS 11631 01/19/2023 PPE: 01/07/23 5,065.00

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11632 01/19/2023 12/7/22-1/6/23 1903 IRRIG DURFEE 136.78

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11632 01/19/2023 12/7/22-1/6/23 2018 DURFEE 223.35

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11632 01/19/2023 12/7/22-1/6/23 GOMEZ PALACIO 27.36

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11632 01/19/2023 12/7/22-1/6/23 1926 DURFEE 218.90

01.0130.1330.5715 STATE OF CA FRANCHISE TAX BOARD 11633 01/19/2023 R. RODRIGUEZ FTB GARNISHMENT 01/10/23 422.04

68.0900.9000.5974 ACTIVE SAN GABRIEL VALLEY 11634 01/30/2023 JULY-OCT'22 STEP/ COM ENGAGEMENT #238 25,941.52

68.0900.9000.5974 ACTIVE SAN GABRIEL VALLEY 11634 01/30/2023 NOV'22 STEP/PRGM ADMIN #238 6,201.88

01.0000.0000.2230 NATIONWIDE RETIREMENT SOLUTIONS 11635 01/30/2023 PPE: 1/21/23 4,715.00

01.0100.1030.5830 RACHEL BARBOSA 11636 01/30/2023 LEGAL SETTLEMENT-RELEASE 42,500.00

01.0140.1430.5406 REGISTRAR-RECORDER/COUNTY CLERK 11637 01/30/2023 NOE 1648 TYLER AVE 75.00

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1556 N CENTRAL 339.06

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1530 N CENTRAL 258.95

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1415 N SANTA ANITA 267.85

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1500 N CENTRAL 2,083.59

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 2000 IRRIG SANTA ANITA 68.40

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 N/E MERCED SANTA ANITA 136.78

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 2022 N CENTRAL 68.40

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 THIENES/PARKWAY 27.36

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 MERCED N/W SANTA ANITA 41.04

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1222 IRRIG PECK 232.26

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1819 N MERCED 68.40

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1652 IRRIG TYLER 136.78

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1900 N CENTRAL 166.31

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1824 N CENTRAL 356.86

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1109 IRRIG PECK 218.90

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1819 N CENTRAL 250.05

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 N LERMA/MILLET 258.95

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/12/22-1/10/23 2004 IRRIG ROSEMEAD 27.36

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1502 IRRIG PECK 232.26

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1628 IRRIG DURFEE 227.81

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 10452 E RUSH 68.40

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/13/22-1/11/23 2620 ROSEMEAD 145.67

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 1/1-2/1/23 1900 N CENTRAL 108.44

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 9/1-10/1/22 1900 N CENTRAL 109.12

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/12/22-1/10/23 2218 ROSEMEAD 136.78

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 1/1-2/1/23 1415 N SANTAA 72.29

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1660 IRRIG DURFEE 147.65

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1710 IRRIG DURFEE 218.90

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/13/22-1/11/23 2464 ROSEMEAD 136.78

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/8/22-1/7/23 1675 IRRIG DURFEE 141.23

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/9/22-1/9/23 1707 N MERCED 27.36

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 1508 IRRG PECK 232.26

01.0170.1730.5720 SAN GABRIEL VALLEY WATER 11638 01/30/2023 12/6/22-1/5/23 FARDON-PECK 68.40

01.0000.0000.2270 STATE FRANCHISE TAX BOARD 11640 01/30/2023 R. RODRIGUEZ FTB GARNISHMENT 1/23/23 422.04

01.0000.0000.2270 STATE OF CA FRANCHISE TAX BOARD 11641 01/30/2023 A. REYES GARNISHMENT 1/21/23 8.15

01.0000.0000.2240 VONS CREDIT UNION 11642 01/30/2023 PPE 01/21/23 40.50

01.0000.0000.2240 VONS CREDIT UNION 11642 01/30/2023 PPE 01/07/23 40.50

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 10% RETENTION (338.33)

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 MARCH'22 CONTRACT SVCS 3,383.33

01.0170.1710.5520 GOFAR PROFESSIONAL SERVICE, INC. 11644 02/02/2023 CARPET RPLMT/ CHALL/ WATER LEAK 1,180.80

01.0000.0000.4502 HUY TRIEU 11645 02/02/2023 TUP-22-09/ PLANNING FEES RFD 1,273.00

40.0900.9000.5969 KIMLEY-HORN AND ASSOCIATES, INC. 11646 02/02/2023 PS&E HSIP CYCLE 9 #295 8,251.95

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 10% RETENTION (120.83)

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 APR'22 CONTRACT SVCS 1,208.33

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 10% RETENTION (380.33)

17.0900.9020.6025 PASSIVELOGIC INC. 11647 02/02/2023 MAY'22 CONTRACT SVCS 3,803.33

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16/22-1/18/23 1900 CENTRAL AVE 849.38

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16/22-1/18/23 1824 CENTRAL AVE 413.16

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16-22-1/18/23 1530 CENTRAL AVE 2,423.85

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16/22-1/18/23 1556 CENTRAL AVE 2,915.94

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16/22-1/18/23 1450 LIDCOMBE AVE 191.48

01.0170.1730.5705 SO CAL GAS 11648 02/02/2023 12/16/22-1/18/23 1500 CENTRAL AVE 988.03

01.0000.0000.2224 STANDARD INSURANCE 11649 02/02/2023 FEB'23 LIFE AD&D & SUPPLMENTAL 488.36

01.0000.0000.2225 STANDARD INSURANCE 11650 02/02/2023 FEB'23 LIFE & AD&D 955.53

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 NOV'22 CONTRACT SVCS 6,110.00

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 OCT'22 CONTRACT SVCS 5,367.00

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 DEC'22 CONTRACT SVCS 2,400.00

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 10% RETENTION (536.70)

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 10% RETENTION (611.00)

17.0900.9020.6025 THE ENERGY COALITION 11651 02/02/2023 10% RETENTION (240.00)

01.0170.1770.5525 A.C LOCK & KEY 11652 02/08/2023 KEY COPIES/ PUBLIC SAFETY #23 33.00

01.0130.1330.5215 ACOSTA GROWERS, INC. 11653 02/08/2023 RETURN CHECK FEE 35.00

01.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 11654 02/08/2023 JAN'23 CLOUD SVCS 750.00

01.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 11654 02/08/2023 JAN'23 OFFICE SVCS 4,788.00

01.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 11654 02/08/2023 JAN'23 MANAGED SVCS 11,702.10

01.0130.1330.6020 ADVANCED MICROCOMPUTING CONCEPTS,INC 11654 02/08/2023 MACBOOK AIR/G. OLMOS 1,917.35

01.0150.1515.5204 ALEJANDRO MIRAMONTES DE ANDA 11655 02/08/2023 DEC'22 PATRIOTIC MEETING 100.00

01.0150.1515.5204 ALEJANDRO MIRAMONTES DE ANDA 11655 02/08/2023 JAN'23 PC MEETING 100.00

01.0160.1640.5520 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 ROCKER SWITCHES/ POOL EQUIPMENT 70.59

01.0150.1540.6015 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 PLOTTER PAPER 183.36

01.0150.1530.5952 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 CHINESE NEW YEAR DECORATIONS 235.24

01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 PW SUP UNIFORM SHIRTS 288.55

01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 PUBLIC WORKS SAFETY GEAR 184.13

01.0100.1050.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 SPACE HEATER 33.06

01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 AFTER SCHOOL PROGAM SUPPLIES 52.89

01.0140.1430.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 DEPARTMENT SUPPLIES 12.13

01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 WHITE BOARD CALENDAR/ BUILDING 290.96

01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 PW SUP UNIFORM- JACKET 58.42

ATTACHMENT B

Page 41 of 186 ends

01.0100.1050.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 TONER CARTIDGE REPLACEMENT 47.41

01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 AFTER SCHOOL PROGRAM SUPPLIES 31.61

01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 LAPTOP BAGS & SUPPLIES 291.90

01.0140.1440.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 DEPARTMENT SUPPLIES 115.75

01.0140.7020.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 DEPARTMENT SUPPLIES 42.98

01.0170.1710.5520 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 RESTROOM CODE LOCKS/ CHALL 309.56

01.0140.1440.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 DEPARTMENT SUPPLIES 26.45

01.0160.1620.5520 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 WATER VACUUM BREAKER 109.04

01.0150.1530.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 WIPES/ SENIOR GYM 59.00

44.0800.8010.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 PENS & PLANNERS/ TRANSPORTATION USE 58.82

01.0150.1530.5406 AMAZON CAPITAL SERVICES, INC 11656 02/08/2023 TIMECARD CARDS/STAFF & LANYARDS/REGISTERED CLIENTS 97.09

01.0151.1541.5215 ANDREW WING 11657 02/08/2023 1/14/23 BBALL OFFICAL SVCS 90.00

01.0170.1720.5720 AQUA PURE DRINKING WATER 11658 02/08/2023 JAN'22 WATER SVCS/ YARD 115.46

01.0170.1020.5956 ARAMARK UNIFORM SERVICES, INC 11659 02/08/2023 22-23 PW UNIFORMS 459.35

01.0170.1020.5956 ARAMARK UNIFORM SERVICES, INC 11659 02/08/2023 22-23 PW UNIFORMS 2,928.56

01.0170.1020.5956 ARAMARK UNIFORM SERVICES, INC 11659 02/08/2023 22-23 PW UNIFORMS 2,927.08

01.0170.1020.5956 ARAMARK UNIFORM SERVICES, INC 11659 02/08/2023 22-23 PW UNIFORMS 183.37

02.0170.1760.5550 ATHENS SERVICES 11660 02/08/2023 JAN'22 SWEEPER SVCS 6,140.00

01.0150.1530.5952 BALTAZAR ESTRADA 11661 02/08/2023 2/14/23 LIVE MUSIC ENTERTAINMENT 350.00

01.0170.1020.5515 BASE HILL, INC. 11662 02/08/2023 OCT'22 JANITORIAL SVCS 7,339.00

01.0170.1020.5515 BASE HILL, INC. 11662 02/08/2023 OCT'22 DISINFECTING SVCS #505 22,250.00

01.0150.1530.5952 BASE HILL, INC. 11662 02/08/2023 POOL HALL STRIP & WAX 450.00

01.0100.1050.5940 BAUDVILLE, INC 11663 02/08/2023 DEC'22 EMPLOYEE RECOGNITION AWARDS 808.26

01.0170.1020.5515 BASE HILL, INC. 11662 02/08/2023 DEC'22 JANITORIAL SVCS 7,339.00

01.0170.1020.5515 BASE HILL, INC. 11662 02/08/2023 DEC'22 DISINFECTING SVCS #505 8,900.00

01.0151.1541.5215 BENJAMIN G. VAROS 11664 02/08/2023 1/14/23 BBALL OFFICAL SVCS 90.00

01.0150.1515.5204 BLANCA M. FIGUEROA 11665 02/08/2023 DEC'22 PATRIOTIC MEETING 100.00

01.0150.1515.5204 BLANCA M. FIGUEROA 11665 02/08/2023 JAN'23 PC MEETING 100.00

01.0160.1620.5520 BUTLER CHEMICALS, INC. 11666 02/08/2023 KITCHEN CHEMICALS/ MACHINE 330.87

01.0151.1542.5956 CALIFORNIA DESIGNS 11667 02/08/2023 BOXING STAFF UNIFORMS 198.00

68.0900.9000.5215 CARAHSOFT TECHNOLOGY CORPORATION 11668 02/08/2023 AUG'2020 ACCELA EXPERT SERVICES #413 4,905.00

01.0100.1020.5932 CHARTER COMMUNICATIONS 11669 02/08/2023 1/7-2/6/23 INTERNET SVCS 137.97

02.0170.1760.5966 CITY OF EL MONTE-FINANCE DEPT. 11670 02/08/2023 NOV'22 CNG FUEL 39.22

01.0000.0000.4554 CLAUDIA PEREZ 11671 02/08/2023 1/21/23 MVD RSV DEPOSIT REFUND 50.00

01.0160.1640.5520 COMMERCIAL AQUATIC SERVICES, INC 11672 02/08/2023 12/22 CHEMICAL DELIVERY 210.94

01.0160.1640.5520 COMMERCIAL AQUATIC SERVICES, INC 11672 02/08/2023 12/21 CHEMICAL DELIVERY 233.20

01.0100.1050.5936 DANIEL BARON 11673 02/08/2023 12/12/22 LIVE SCAN REIMB 25.00

01.0160.1610.5520 DDC ELECTRIC SUPPLY, INC. 11674 02/08/2023 OUTSIDE LIGHTS/ MVD 429.98

02.0170.1760.5540 DDC ELECTRIC SUPPLY, INC. 11674 02/08/2023 PHOTOCELL/ STREET LIGHT 2,491.21

01.0100.1050.5934 DEPT. OF JUSTICE-ACCOUNTING OFFICE 11675 02/08/2023 DEC'22 FINGERPRINTS APPS 64.00

01.0151.1541.5215 DUANE TAKAYAMA 11676 02/08/2023 1/21/23 BBALL OFFICAL SVCS 90.00

01.0120.1210.6015 E.G. BRENNAN & CO., INC. 11677 02/08/2023 TIMECLOCK ANNUAL MTNC & PART REPLACEMENT 274.28

01.0170.1720.5520 ECOLAB PEST ELIM. DIVISION 11678 02/08/2023 DEC'22 PEST CONTROL/ YARD 144.14

01.0160.1610.5520 ECOLAB PEST ELIM. DIVISION 11678 02/08/2023 DEC'22 PEST CONTROL/ CCTR 69.18

01.0170.1710.5520 ECOLAB PEST ELIM. DIVISION 11678 02/08/2023 DEC'22 PEST CONTROL/ CHALL 194.39

01.0160.1620.5520 ECOLAB PEST ELIM. DIVISION 11678 02/08/2023 DEC'22 PEST CONTROL/ SCTR 312.30

01.0170.1720.5520 EL MONTE ORNAMENTAL SUPPLY, INC. 11679 02/08/2023 REPAIR PARTS/ YARD GATE 124.58

01.0170.1750.5520 EWING IRRIGATION 11680 02/08/2023 BACKFLOW PARTS & TOOL REPLACEMENT 1,057.13

01.0170.1750.5505 EWING IRRIGATION 11680 02/08/2023 STOCK PARTS & TRASH CANS 424.85

01.0160.1650.5520 GRANT'S TRUE VALUE HARDWARE 11681 02/08/2023 PARK SIGN- CLOSED 55.28

02.0170.1760.5540 GUNNER CONCRETE 11682 02/08/2023 BYWAYS SIDWALK CONCRETE 1,348.14

06.0300.3010.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/2-1/6/23 CI & CII NUTRITION PRGM 2,501.25

06.0300.3020.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/2-1/6/23 CI & CII NUTRITION PRGM 266.20

06.0300.3010.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/9-1/13/23 CI & CII NUTRITION PRGM 3,162.50

06.0300.3020.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/9-1/13/23 CI & CII NUTRITION PRGM 363.00

06.0300.3010.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/18/23 MEALS/ CITY'S LUNAR YEAR LUNCHEON 2,092.00

06.0300.3010.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/16-1/20 CI & CII NUTRITION PRGM 2,501.25

06.0300.3020.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/16-1/20 CI & CII NUTRITION PRGM 290.40

06.0300.3010.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/23-1/27 CI & CII NUTRITION PRGM 3,306.25

06.0300.3020.5215 HUNTINGTON CULINARY 11683 02/08/2023 1/23-1/27 CI & CII NUTRITION PRGM 393.25

01.0170.1750.5962 INDUSTRIAL PIPE & STEEL 11684 02/08/2023 IRRIGATION TRUCK SMALL TOOLS 26.71

01.0120.1210.5914 INT'L INSTITUTE OF MUNICIPAL CLERKS 11685 02/08/2023 ANNUAL MEMBERSHIP 3/31/24 150.00

01.0000.0000.4554 IRINA LOPEZ GARCIA 11686 02/08/2023 12/3/22 MVD RSV DEPOSIT REFUND 50.00

01.0130.1310.5406 IRMA S. PENICHE 11687 02/08/2023 1099 NEC/MISC FEDERAL TAX FORMS 31.95

01.0140.1430.5215 JAMES GAILE FUNK 11688 02/08/2023 JAN'23 PLANNING CONSULTING SVCS 10,800.02

01.0140.1410.5204 JEFFREY MICHAEL ORTIZ 11689 02/08/2023 JAN'23 PC MEETING 150.00

01.0170.1475.5215 JOHN L. HUNTER AND ASSOCIATES, INC. 11690 02/08/2023 NOV'22 BCR PRGM SVCS 287.50

01.0170.1475.5215 JOHN L. HUNTER AND ASSOCIATES, INC. 11690 02/08/2023 NOV'22 IW PRGM SVCS 3,076.25

01.0170.1475.5215 JOHN L. HUNTER AND ASSOCIATES, INC. 11690 02/08/2023 NOV'22 NPDES PGRM SVCS 1,318.75

01.0170.1720.5520 JOHNSTONE SUPPLY 11691 02/08/2023 HVAC DUCT TAPE/ YARD 692.76

01.0140.1410.5204 KENNETH EUEKHEANG TANG 11692 02/08/2023 JAN'23 PC MEETING 150.00

68.0900.9000.5969 KIMLEY-HORN AND ASSOCIATES, INC. 11693 02/08/2023 ADMIN CHARGES- FINAL CLOSEOUT/ LRSP #625 3,003.95

02.0170.1760.5540 L.A. COUNTY DEPT OF PUBLIC WORKS 11694 02/08/2023 2021-22 CATCH BASIN CLEANOUT 1,384.50

01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11695 02/08/2023 DEC'22 SPL ASSIGN DEPUTY 100,428.32

01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11695 02/08/2023 DEC'22 LAW ENFORCEMENT SVCS 309,319.36

01.0110.1110.5220 L.A. COUNTY SHERIFF'S DEPT. 11695 02/08/2023 DEC'22 GRANT SPL ASSIGN DEPUTY 17,604.75

01.0110.1110.5610 L.A. COUNTY SHERIFF'S DEPT. 11695 02/08/2023 DEC'22 LIABILITY INSURANCE 47,008.77

01.0110.1110.5635 L.A. COUNTY SHERIFF'S DEPT. 11695 02/08/2023 DEC'22 BURGLARY SUPPRESSION 7,640.35

01.0140.1410.5204 LARRY RODRIGUEZ 11696 02/08/2023 JAN'23 PC MEETING 150.00

01.0140.1410.5204 LEONEL A. BARRERA JR 11699 02/08/2023 JAN'23 PC MEETING 150.00

01.0170.1020.5908 MAINTENANCE SUPERINTENDENTS ASSOCIATION 11700 02/08/2023 AUG'22 MSA TRAINING 80.00

01.0160.1620.5520 LBC LIGHTING 11697 02/08/2023 OUTSIDE LIGHTS/ SCTR 48.29

01.0160.1670.5520 LBC LIGHTING 11697 02/08/2023 OUTSIDE LIGHTS/ MVD COM ROOM 231.14

01.0100.1010.5914 LEAGUE OF CALIFORNIA CITIES 11698 02/08/2023 ANNUAL MEMBERSHIP RENEWAL 2023 7,538.00

01.0160.1650.5520 MCMASTER-CARR SUPPLY CO. 11701 02/08/2023 NEW PADLOCKS/ NTP 466.21

01.0151.1541.5215 MICHAEL WALKER 11702 02/08/2023 1/14/23 BBALL OFFICIAL SVCS 180.00

01.0160.1610.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ CCTR 221.89

01.0160.1620.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ SCTR 221.89

01.0160.1630.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ MCTR 221.89

01.0160.1640.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ POOL 221.89

01.0160.1650.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ NTP 221.89

01.0160.1660.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ SHIVELY 221.89

01.0160.1670.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ MVD 221.89

01.0170.1710.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ CHALL 221.89

01.0170.1720.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 NEW FIRE EXTINGUISHERS/ YARD 221.89

01.0160.1610.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ CCTR 46.45

01.0160.1620.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ SCTR 46.45

01.0160.1630.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ MCTR 46.44

01.0160.1640.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ POOL 46.45

01.0160.1650.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ NTP 46.44

01.0160.1660.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ SHIVELY 46.44

Page 42 of 186 ends

01.0160.1670.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ MVD 46.44

01.0170.1710.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ CHALL 46.45

01.0170.1720.5520 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 FIRE EXTINGUISHERS SVCS & CERTIFIED/ YARD 46.44

01.0170.1720.5956 MID-VALLEY AUTOMATIC FIRE SYSTEMS 11703 02/08/2023 12/22/22 FIRE EXTINGUISHER TESTS/ YARD 142.50

01.0150.1515.5204 MIRNA IVETTE SANCHEZ 11704 02/08/2023 JAN'23 PC MEETING 100.00

01.0150.1515.5204 NAOMI LOPEZ 11705 02/08/2023 DEC'22 PATRIOTIC MEETING 100.00

01.0150.1515.5204 NAOMI LOPEZ 11705 02/08/2023 JAN'23 PC MEETING 100.00

01.0130.1310.5406 OFFICE DEPOT 11706 02/08/2023 IMPORT CHARGE CREDIT (6.28)

01.0150.1530.5406 OFFICE DEPOT 11706 02/08/2023 CALENDARS/ OFFICES 161.89

01.0150.1530.5406 OFFICE DEPOT 11706 02/08/2023 CALENDAR/ OFFICES 35.27

01.0100.1050.5406 PERSONNEL CONCEPTS 11707 02/08/2023 LABOR LAW POSTERS 110.84

01.0140.7020.5215 PHOENIX GROUP INFORMATION SYSTEMS 11708 02/08/2023 DEC'22 ADMIN CITATION PROCESSING SVCS 151.54

01.0140.1100.5215 PHOENIX GROUP INFORMATION SYSTEMS 11708 02/08/2023 DEC'22 CITE PROCESSING SVCS 2,818.96

01.0160.1610.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/CCTR 45.33

01.0160.1620.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/SCTR 45.33

01.0160.1630.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/MCTR 45.33

01.0160.1640.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/AQUATIC CTR 45.33

01.0160.1650.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/NTP 94.33

01.0160.1670.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/MVDP 94.33

01.0170.1710.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/CHALL 121.00

01.0170.1720.5520 POST ALARM SYSTEMS 11709 02/08/2023 JAN'23 MONTHLY SVCS/YARD 126.00

01.0160.1620.5520 QUENCH USA, INC. 11710 02/08/2023 12/30/22-1/29/23 WATER FILTER/ SCTR 38.59

01.0160.1620.5520 QUENCH USA, INC. 11710 02/08/2023 FEB'23 WATER FILTER/ SCTR 59.96

44.0800.8010.5982 REGIONAL TAP SERVICE CENTER 11711 02/08/2023 DEC'22 BUS PASSES 142.00

01.0151.1541.5215 ROBERT MORENO 11712 02/08/2023 1/21/23 BBALL OFFICIAL SVCS 90.00

01.0151.1541.5215 ROMAN GALLARDO JR. 11713 02/08/2023 01/21/23 BBALL OFFICIAL SVCS 180.00

01.0150.1515.5204 RUDY LOPEZ 11714 02/08/2023 DEC'22 PATRIOTIC MEETING 100.00

01.0150.1515.5204 RUDY LOPEZ 11714 02/08/2023 JAN'23 PC MEETING 100.00

01.0140.1430.5919 SAN GABRIEL VALLEY TRIBUNE 11715 02/08/2023 NOTICE/ URGENCY ORD #1264-U 427.46

01.0150.1540.5914 SCMAF 11716 02/08/2023 2023 SCMAF ACTIVE MEMBERSHIP FEE 80.00

01.0130.1310.5280 SECTRAN SECURITY INC. 11717 02/08/2023 JAN'23 ARMORED SVCS 185.95

01.0100.1010.5914 SGV ECONOMIC PARTNERSHIP 11718 02/08/2023 03/01/23-02/29/24 ANNUAL MEMBERSHIP RENEWAL 5,250.00

01.0160.1650.5520 SMARDAN SUPPLY 11719 02/08/2023 FLOW SWITCH/ NTP 302.47

02.0170.1760.5572 SOUTHEAST CONSTRUCTION PRODUCTS,INC 11720 02/08/2023 STREET PAINT/STOP 391.34

01.0160.1650.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 11720 02/08/2023 WATER BOX REPLACMENT 50.27

01.0170.1770.5525 SOUTHERN TIRE MART LLC 11721 02/08/2023 TRACTOR LEFT REAR TIRE 50.00

01.0170.1770.5525 SOUTHERN TIRE MART LLC 11721 02/08/2023 NEW RT REAR TIRE REPLACEMENT #1 146.43

01.0170.1770.5525 SOUTHERN TIRE MART LLC 11721 02/08/2023 TIRE DISPOSAL 315.00

01.0140.1100.5406 SPARKLETTS 11722 02/08/2023 JAN'23 WATER SVCS 22.00

01.0140.7020.5406 SPARKLETTS 11722 02/08/2023 JAN'23 WATER SVCS 22.47

02.0170.1760.5535 ST. FRANCIS ELECTRIC, LLC 11724 02/08/2023 DEC'22 CALLOUT 131.00

01.0000.0000.4554 SUMMER RICE 11725 02/08/2023 1/8/23 MVD RSV DEPOSIT REFUND 50.00

01.0170.1770.5525 SRS AUTOMOTIVE 11723 02/08/2023 F150 TRANSMISSION ASSEMBLY 3,210.45

02.0170.1760.5535 ST. FRANCIS ELECTRIC, LLC 11724 02/08/2023 DEC'22 MNTC TRAFFIC 902.25

01.0140.1100.5215 SUPERIOR COURT OF CA, COUNTY OF LA 11726 02/08/2023 DEC'22 CITATION REVENUE 3,765.00

06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 TOSTADAS/ C1 NUTRITION PRGM 40.35

01.0150.1540.5431 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 AFTER SCHOOL PROGRAM SUPPLIES 20.83

06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 FROZEN MEALS/ HDM PRGM MLK 66.00

06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 CI NUTRITION PRGM TORTILLAS 15.00

06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 NUTRITION PRGM- TAPATIO BOTTLES 95.68

06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 11727 02/08/2023 CI NUTRITION PRGM TORTILLAS 38.43

01.0000.0000.4554 TAMMY GARCIA 11728 02/08/2023 1/15/23 RSV REFUND 50.00

01.0100.1040.5921 THE SAUCE CREATIVE SERVICES CORP. 11729 02/08/2023 FEB'23 NEWSLETTER 4,846.77

44.0800.8010.5525 THE SMOG SPOT 11730 02/08/2023 SMOG INSPECTION #6 40.00

01.0170.1770.5525 THE SMOG SPOT 11730 02/08/2023 SMOG INSPECTION #23 40.00

01.0170.1720.5520 THOMPSON INDUSTRIAL SUPPLY 11731 02/08/2023 CHAIN PART/ YARD GATE 20.90

01.0100.1020.5215 TOWNSEND PUBLIC AFFAIRS 11732 02/08/2023 FEB'23 CONSULTING SVCS 6,750.00

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 ENG SVCS 14,040.00

01.0140.1430.5010 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 BLDG & SAFETY STAFF 9,630.00

01.0140.1440.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 BLDG & SAFETY STAFF 144.00

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 ENG PJT MGMT LAC/ PECK RD TSS[ 135.00

02.0170.1760.5260 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 TRAFFIC ENG SERVICES 312.50

38.0900.9000.5974 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 PJT MGMT #294 7,546.50

02.0170.1760.5260 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 TRAFFIC ENG INTERNAL REVIEW SA/WEAVER 62.50

01.0140.1430.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 AVANT GARDE #253 434.50

68.0900.9080.5974 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 PJT MGMT #140 185.00

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 CITY ENG SVCS PLANNING PJT/ 2650 RSMD 520.00

01.0140.1440.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 BLDG OFFICAL SVCS- CODE ADOPTION 288.00

68.0900.9000.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 PJT MGMT #252 2,625.00

38.0900.9000.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 PROJECT MGMT/PMS 2,000.00

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 OCT'22 PLAN CHECK SVC- ENG 8,107.75

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 ENG SVCS 13,230.00

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 ENG PLAN CHECK SVCS 9,496.73

01.0170.1105.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 PJT MGMT #295 4,627.00

01.0140.1440.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 CONTRACT BLDG ADMIN SVCS 10,710.00

02.0170.1760.5260 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 TRAFFIC ENG SVCS 375.00

38.0900.9000.5974 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 PJT MGMT #294 2,172.50

02.0170.1760.5260 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 TRAFFIC ENG INTERNAL REVIEW SA/WEAVER 62.50

68.0900.9080.5974 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 PJT MGMT SVCS #140 2,255.00

01.0140.1440.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 BLDG OFFICIAL SVCS 72.00

68.0900.9000.6025 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 PJT MGMT #252 1,000.00

01.0140.1430.5215 TRANSTECH ENGINEERING, INC. 11733 02/08/2023 NOV'22 PLANNER CONTRACT SVCS 3,240.00

01.0130.1310.5215 TRUSAIC 11734 02/08/2023 FEB'23 ACA MONTHLY 1,040.40

01.0130.1310.5406 TYLER BUSINESS FORMS 11735 02/08/2023 1099 MISC- YEAR END FORMS 97.76

01.0170.1720.5420 UNISHIELD 11736 02/08/2023 FIRST AID SUPPLIES/ YARD 443.87

01.0170.1710.5420 UNISHIELD 11736 02/08/2023 FIRST-AID SUPPLIES/ CHALL 445.34

01.0160.1610.5420 UNISHIELD 11736 02/08/2023 FIRST-AID SUPPLIES/ CCTR 299.30

01.0160.1620.5420 UNISHIELD 11736 02/08/2023 FIRST-AID SUPPLIES/ SCTR 111.96

01.0110.1170.5966 VICTORIA MORA 11737 02/08/2023 1/3-1/25/23 MILEAGE REIMBURSEMENT 36.68

02.0170.1760.5540 VULCAN MATERIALS COMPANY 11738 02/08/2023 ASPHALT 1,028.59

01.0150.1530.5952 WINNER INTERNATIONAL INC. 11739 02/08/2023 TABLE CLOTH/ CHINESE NEW YEAR LUNCHEON 38.04

01.0150.1530.5952 WINNER INTERNATIONAL INC. 11739 02/08/2023 BALLOONS & TABLE CLOTHS/ LUNAR YR LUNCHEON 102.92

01.0150.1530.5952 WINNER INTERNATIONAL INC. 11739 02/08/2023 VALENTINE DAY BALLOONS/ LUNCHEON 31.97

01.0170.1020.5406 WINZER 11740 02/08/2023 SAFETY GLASSES 1,262.36

01.0130.1330.5950 XEROX CORPORATION 11741 02/08/2023 12/30/22-1/29/23 COPIER LEASE 543.62

01.0151.1541.6020 CSM SALES, INC 11742 02/08/2023 NEVCO SCOREBOARD & REMOTES/BASKETBALL GYM 6,772.45

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 148.80

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 16.53

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 113.90

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 12.65

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 121.75

Page 43 of 186 ends

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 13.52

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 90.00

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 10.20

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 193.95

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 21.54

06.0300.3010.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CI PRGM 208.59

06.0300.3020.5430 DRIFTWOOD DAIRY, INC 11743 02/08/2023 FOOD SUPPLIES FOR CII PRGM 23.17

44.0800.8020.5215 NADA BUS, INC. 11744 02/08/2023 1/27 SENIOR EXCURSION - FARMER MARKET 1,025.00

01.0000.0000.2205 DEPARTMENT OF THE TREASURY DFT0000451 01/12/2023 FEDERAL PPE 1/7/23 12,564.05

01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0000451 01/12/2023 FICA PPE 1/7/23 19,801.46

01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0000451 01/12/2023 MED PPE 1/7/23 4,630.88

01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0000452 01/11/2023 PPE 1/7/23 UI TAX WTHD'G 3,193.83

01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0000452 01/11/2023 PPE 1/7/23 TNG WTHD'G 159.66

01.0000.0000.2210 EMPLOYMENT DEVELOPMENT DEPT. DFT0000452 01/11/2023 PPE 1/7/23 STATE WTHD'G 3,933.36

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000453 01/12/2023 CASE 200000002135289 720.46

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000453 01/12/2023 CASE 1457313 603.50

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000453 01/12/2023 CASE 200000002163990 331.38

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000453 01/12/2023 CASE 0980438 150.00

01.0150.1530.5952 SAM'S CLUB DIRECT DFT0000454 01/12/2023 SNACKS/ SENIOR ACTIVITY 21.46

01.0150.1540.5431 SAM'S CLUB DIRECT DFT0000454 01/12/2023 AFTER SCHOOL PROGRAM SUPP 69.86

01.0151.1543.5952 SAM'S CLUB DIRECT DFT0000454 01/12/2023 TREE LIGHTING SUPPLIES 147.09

01.0151.1546.5440 SAM'S CLUB DIRECT DFT0000454 01/12/2023 CHRISTMAS WISH FOOD 884.94

01.0170.1020.5406 SAM'S CLUB DIRECT DFT0000454 01/12/2023 CITY HALL SUPPLIES 312.71

01.0170.1020.5406 SAM'S CLUB DIRECT DFT0000454 01/12/2023 CITY HALL SUPPLIES 303.60

01.0170.1020.5406 SAM'S CLUB DIRECT DFT0000454 01/12/2023 CITY HALL SUPPLIES 173.48

06.0300.3010.5430 SAM'S CLUB DIRECT DFT0000454 01/12/2023 SENIOR NUTRITION PRGM 237.27

06.0300.3010.5430 SAM'S CLUB DIRECT DFT0000454 01/12/2023 SENIOR NUTRITION PRGRM 99.12

02.0170.1760.5966 US BANK VOYAGER FLEET SYS DFT0000455 01/19/2023 11/25-12/23 FUEL-CITY TRANSPORTATION 4,377.67

01.0000.0000.2224 AFLAC WORLDWIDE HEADQUARTERS DFT0000456 01/26/2023 JAN'23 INSURANCE 1,442.06

01.0000.0000.2250 CALPERS DFT0000457 01/18/2023 FEB'23 ACTIVE EMPLOYEE PREMIUM 67,030.39

01.0100.1050.5941 CALPERS DFT0000457 01/18/2023 FEB'23 ADMIN FEE/ACTIVE 221.20

01.0100.1050.5941 CALPERS DFT0000457 01/18/2023 FEB'23 ADMIN FEE/RETIRED 23.38

01.0100.1050.5945 CALPERS DFT0000457 01/18/2023 FEB'23 EMPLOYER SHARE OF RETIRED PREMIUM 1,208.00

01.0000.0000.2020 CALPERS RETIREMENT DFT0000458 01/18/2023 DEC'22 RATE PLAN 27216 114.54

01.0000.0000.2020 CALPERS RETIREMENT DFT0000459 01/26/2023 PPE 01/21/23 RATE PLAN 27216 9,878.83

01.0000.0000.2020 CALPERS RETIREMENT DFT0000459 01/26/2023 PPE 01/21/23 RATE PLAN 685 9,257.36

01.0000.0000.2020 CALPERS RETIREMENT DFT0000459 01/26/2023 PPE 01/21/23 RATE PLAN 23047 1,571.70

01.0000.0000.2020 CALPERS RETIREMENT DFT0000460 01/18/2023 PPE 01/07/23 RATE PLAN 23047 1,571.70

01.0000.0000.2020 CALPERS RETIREMENT DFT0000460 01/18/2023 PPE 01/07/23 RATE PLAN 27216 9,454.29

01.0000.0000.2020 CALPERS RETIREMENT DFT0000460 01/18/2023 PPE 01/07/23 RATE PLAN 685 9,790.24

01.0000.0000.2020 CALPERS RETIREMENT DFT0000461 01/18/2023 JAN'23 RATE PLAN 27216 322.24

01.0000.0000.2205 DEPARTMENT OF THE TREASURY DFT0000462 01/26/2023 PPE 01/21/23 FEDERAL 13,966.00

01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0000462 01/26/2023 PPE 01/21/23 FICA 20,594.02

01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0000462 01/26/2023 PPE 01/21/23 MED 4,816.44

01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0000463 01/25/2023 PPE 01/21/23 UI TAX WTHD'G 2,973.40

01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0000463 01/25/2023 PPE 01/21/23 TNG WTHD'G 148.65

01.0000.0000.2210 EMPLOYMENT DEVELOPMENT DEPT. DFT0000463 01/25/2023 PPE 01/21/23 STATE WTHD'G 4,435.16

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000464 01/26/2023 CASE 200000002135289 780.50

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000464 01/26/2023 CASE 1457313 603.50

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000464 01/26/2023 CASE 200000002163990 359.00

01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000464 01/26/2023 CASE 0980438 150.00

01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPP/ COMM CENTER EVENT 58.52

01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIS/ SANTA VISIT 913.23

01.0160.1610.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 VACCUMS/CCTR 40.97

01.0160.1610.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIES/ CCTR 34.43

01.0160.1610.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPP/ REPAIR PAPER ROLLS CART 75.47

01.0160.1610.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ SMALL TABLE REPAIR 6.75

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIES/ SCTR 34.43

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 WATER SOFTNER SALT 547.77

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ INSTALL POOL TABLE 311.30

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ SCTR XMAS TREE 54.11

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 LIGHTS/ POOL TABLES 92.36

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 CEILING TILE & SILICONE/ POOL ROOM 228.72

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIES/SCTR 40.97

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 DEPOSIT REFUND (21.90)

01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ SCTR POOL TABLES 19.64

01.0160.1650.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ REPAIR SNACK BAR ROOF 52.87

01.0160.1650.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPPLIES/ RESTROOM REPAIRS 61.08

01.0160.1670.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 TEMP FENCE TO CLOSE MVDP 78.53

01.0170.1020.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BROOM & DUST PAN 14.20

01.0170.1020.5956 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 CHLORINE TABS/ WATER FOUNTAIN 17.48

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 VACCUMS/CHALL 40.97

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 INSECTACIDE/ CITY HALL 47.53

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIES/CHALL 34.43

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 AIRWICK WARMERS & REFILLS 72.14

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 OUTLETS/ CITY HALL 85.97

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 XMAS TREES/ CEO'S 155.47

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 POINSETTIAS/ CITY HALL PLANTERS 115.19

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 POINSETTIAS REPLACEMENT 373.72

01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 POINSETTIAS/ CITY HALL PLANTERS 191.25

01.0170.1710.6025 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 SUPP/ INSTALL XMAS TREE LIGHTS 107.21

01.0170.1710.6025 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 STEP LADDER & LANYARD 262.33

01.0170.1710.6025 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 STAPLE GUN 73.30

01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 BATTERIES/YARD 34.44

01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 PORTABLE KEY SAFE/ YARD GATES 71.15

01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 VACCUMS/YARD 40.99

01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 CABINET LOCK 8.74

01.0170.1740.5962 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 TOOLBAG REPLACEMENT 76.62

01.0170.1750.5962 HOME DEPOT CREDIT SERVICES DFT0000465 01/30/2023 IRRIGATION TRUCK TOOL REPLACEMENT 204.78

01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000466 01/19/2023 12/16/22-1/16/23 1556 CENTRAL AVE 1,582.65

01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000467 01/19/2023 12/16/22-1/16/23 1530 CENTRAL AVE 1,856.62

01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000468 01/19/2023 12/16/22-1/16/23 1415 SANTA ANITA 1,318.98

01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0000469 01/19/2023 12/16/22-1/16/23 1824 CENTRAL AVE 430.93

01.0000.0000.2260 STANDARD INSURANCE D2 DFT0000470 01/18/2023 DEC'22 DENTAL 5,183.04

01.0000.0000.2260 STANDARD INSURANCE D2 DFT0000470 01/18/2023 JAN'23 DENTAL 5,139.12

01.0000.0000.2224 WASHINGTON NATIONAL INSURANCE CO DFT0000471 01/18/2023 JAN'23 RATE PLAN 27216 1,113.49

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 WINTER CAMP PRGM SUPPLIES 169.14

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PGM SUPPLIES 102.30

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PGM SUPPLIES 96.88

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 WINTER CAMP PROGRAM SUPPLIES 140.80

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PGRM SUPPLIES 11.55

Page 44 of 186 ends

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BABY LAB PROGRAM SUPPLIES 27.04

01.0150.1540.5908 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 STAFF TRAINING 327.68

01.0150.1540.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BOXING STAFF MEETING CREDIT (8.13)

01.0150.1540.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BOXING STAFF MEETING 203.36

01.0151.1542.5499 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BOXING PARTICIPANT EQUIP 1,874.82

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH CENTERPIECES 31.93

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CANDY/ SANTA'S RIDE 97.13

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOYS 1,124.70

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOYS 2,868.92

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH SUPPLIES 223.12

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOYS 714.71

01.0151.1546.5440 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOYS 165.92

01.0170.1720.5520 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 IRON SLIDING GATE REPAIR 1,400.00

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PROGRAM SUPPLIES 100.60

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 WINTER CAMP SUPPLIES 252.27

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 COMMUNITY CENTER SUPPLIES 291.37

01.0151.1541.5499 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 YOUTH BASKETBALL SUPPLIES 30.84

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOY GIVEAWAY SUPP 928.41

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PROGRAM SUPP 123.37

01.0150.1540.5431 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 AFTER SCHOOL PROGRAM SUPPLIES 456.75

01.0150.1540.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 RECREATION SR LEADER STAFF MEETING 233.43

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS WISH TOY GIVEAWAY SUPP 39.69

01.0170.1740.5962 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 SMALL TOOLS- PUBLIC WORKS 37.67

01.0150.1530.5430 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CRAFT SUPPLIES 46.85

01.0150.1530.5430 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 DEC'22 DIRECT TV SVCS 153.99

01.0150.1530.5430 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 MIDIEVAL SENIOR EXCURSION 1,609.50

01.0150.1530.5952 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 DOOR PRIZES/ CHRISTMAS LUNCHEON 154.48

01.0130.1310.5906 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 COA APPLICATION REVIEW FY2022 530.00

01.0130.1330.5215 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 JAN'23 INTERNET SVCS 336.85

01.0130.1330.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 11/3-12/2/22 CITY CELL SVCS 4,621.78

44.0800.8015.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 11/3-12/2/22 TRAN DATA SVCS #414 50.30

44.0800.8015.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 11/3-12/2/22 TRAN CELL SVCS #414 83.52

68.0900.9000.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 11/3-12/2/22 TRAN DATA SVCS #414 150.90

68.0900.9000.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 11/3-12/2/22 TRAN CELL SVCS #414 250.55

01.0100.1010.5910 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CALCITIES- REGISTRATION RUDY. B #622 625.00

01.0100.1020.5932 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 SGV NEWS SUBSCRIPTION 10.00

01.0100.1020.5932 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 LA TIMES SUBSCRIPTION 15.96

01.0100.1040.5922 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 ADOBE PHOTOSHOP/ CITY SM 9.99

01.0170.1710.5932 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 ZOOM- HR MTHLY SUBSCRIPTION 14.99

01.0170.1710.5932 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 ZOOM- CITY VIDEO CONFERENCE 319.90

01.0100.1010.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 APPLE RE-OCCURING CHARGES 6.99

01.0100.1010.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 OFFICE SUPPLIES- AMAZON 27.45

01.0100.1010.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 OFFICE SUPPLIES- AMAZON 14.10

01.0100.1010.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 OFFICE SUPPLIES- AMAZON 62.74

01.0100.1010.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 OFFICE SUPPLIES 50.71

01.0100.1010.5910 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CONFERENCE FLIGHT CHARGES/ R. BOJORQUEZ #622 477.97

01.0100.1010.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 1/10/23 JERSEY MIKES/ COUNCIL MEETING DINNER 224.85

01.0100.1010.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 1/10/23 JERSEY MIKES/ COUNCIL MEETING DINNER 9.65

01.0100.1010.5912 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 12/13/22 BABY BROS/ COUNCIL MEETING DINNER 149.14

01.0100.1040.5922 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 1800 FLOWERS/ CITY ATTORNEY 105.58

01.0100.1040.5922 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BLOOMING FLOWERS/ RETAMOZA 57.50

01.0130.1330.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 HOT SPOT/ CITY COUNCIL 220.00

01.0130.1330.5715 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 RE-OCCURING HOT SPOT CHARGE 55.00

01.0151.1543.5952 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 BATTERIES/ SANTA'S RIDE 740.22 DOOR PRIZES/ CHRISTMAS LUNCHEON 38.57

01.0151.1546.5210 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 SNOW/ TOY DRIVE 4,166.58

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 TOYS/ TOY DRIVE 526.17

01.0151.1546.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 CHRISTMAS TOY DRIVE SUPPLIES 684.23 Grand Total 1,163,115.47

01.0150.1530.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 MONTHLY ACCESS CREDIT (9.99)

01.0150.1530.5406 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023 SNACKS/ TRANS STAFF MEETING 46.40

01.0150.1530.5952 ELAN FINANCIAL SERVICES DFT0000472 02/01/2023

Page 45 of 186 ends

Page 46 of 186 ends

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

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-16, 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 FEBRUARY 15, 2023 THROUGH MARCH 16,
2023
SUMMARY: On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 23-11 proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g. Zoom), for the period of Febuary 15, 2023 through March 16, 2023.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: In March 2020, at the onset of the COVID-19 pandemic, Governor Newsom proclaimed a State of Emergency in California, and issued Executive Order N25-20 to facilitate the ability of legislative bodies to meet using virtual platforms to comply with health orders. Since that time, several other Executive Orders have been issued that further modified the requirements related to the conduct of teleconference meetings and the right of public participation during the State of Emergency. The Executive Orders collectively operated to remove certain requirements for teleconference meetings, including that each teleconference location be accessible to the public, and that members of the public be able to address the legislative body at each teleconference location.

Page 47 of 186 ends

The Executive Orders allowed the City Council and each of the City’s legislative bodies, commissions, and committees subject to the Brown Act to modify how meetings were conducted to protect the health and safety of the legislative bodies, staff, and the public, while ensuring transparency and accessibility for open and public meetings. However, those executive orders expired on October 1, 2021.

On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021, to correspond to the timing of expiration of the executive orders.

AB 361 allows legislative bodies to continue to utilize remote/virtual platforms for meetings during a State of Emergency proclaimed by the Governor, provided that one of the following three criteria is met with respect to the meeting:
i) State or local officials have imposed or recommended measures to promote social distancing;
ii) The legislative body is meeting for the purpose of determining, by majority vote, whether as a result of the State of Emergency, meeting in person would present imminent risks to the health or safety of attendees; or
iii) The legislative body has previously determined, by majority vote, that, as a result of the State of Emergency, meeting in person would present imminent risks to the health or safety of attendees.

These provisions of AB 361 are effective until January 1, 2024. This means these provisions may be invoked any time there is a proclaimed State of Emergency by the Governor (e.g., wildfires) and the City Council can make at least one of the enumerated findings.

On October 26, 2021, City Council adopted Resolution No. 21-69 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of October 26 through November 25, 2021. To avoid a lapse in time between meetings and the effective date of Resolution No. 21-69, on November 9, 2021, City Council adopted Resolution No. 21-72 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of November 9 through December 9, 2021. Since then, City Council has adopted the following resolutions authorizing the same: Resolution No. 21-78 adopted on December 14, 2021 for the period of December 14, 2021 through January 12, 2022; Resolution No. 22-02 adopted on January 11, 2022 for the period of January 11, 2022 through February 9, 2022; Resolution No. 22-11 adopted February 8, 2022 for the period of February 8, 2022 through March 9, 2022; Resolution No. 22-18 adopted March 8, 2022 for the period of March 8, 2022 through April 6, 2022; Resolution No. 22-23 adopted April 12, 2022 for the period of April 12, 2022 through May 12, 2022; Resolution No, 22-33 adopted May 10, 2022 for the period May 10, 2022 through June 8, 2022; Resolution No. 22-39 adopted June 14, 2022 for the period of June 14, 2022 through July 13, 2022; Resolution No. 22-54 adopted July 12, 20222 for the period of July 12, 2022 through August 10, 2022; Resolution No. 22-66 adopted August 2, 2022 for the period through August 31, 2022; Resolution No. 22-72 adopted September 13, 2022 for the period through October 12, 2022; Resolution No. 22-82 adopted October 11, 2022 for the period through November 9, 2022; Resolution 22-87 adopted November 9, 2022 for the period through December 8,2022; Resolution No. 22-92 for the period through January 11, 2023; and Resolution No. 23-11 for the period through February 15, 2023.

Page 48 of 186 ends

In large part due to the Omicron variant, there has been a sharp surge of Covid-19 cases since December 2021. The CDC indicators and thresholds measuring community transmission of COVID-19 within the County of Los Angeles continue to be at a substantial level. The Omicron variant is the predominant strain in Los Angeles County and spreads more easily than the original virus. While the Omicron BA.1 variant is currently the dominant variant in Los Angeles County, there is a gradual increase in the level of the BA.2 subvariant in the County. The BA.2 subvariant is highly transmissible, and has become the dominant variant in many countries, including some that are facing renewed surges in cases and increased hospitalizations.

In light of the continuing COVID-19 emergency, and the continued threats to health and safety posed by indoor meetings with large attendance, staff recommends adoption of the proposed resolution making the findings required to invoke AB 361. Doing so will allow the meetings of the City Council and each of the City’s legislative bodies to continue to occur by teleconference, without adhering to the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply absent invocation of AB 361.

Continued reliance on AB 361 will require adoption of a new resolution making the required findings every 30 days.

ATTACHMENT(S):

A. Resolution No. 23-16

Page 49 of 186 ends

RESOLUTION NO. 23-16

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

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
FEBRUARY 15, 2023 THROUGH MARCH 16, 2023
WHEREAS, the City Council of the City of South El Monte is committed to preserving and nurturing public access, transparency, observation and participation in its meetings and the meetings of each of its legislative bodies (as that term is defined in Government Code section 54952, including commissions, boards and committees subject to the Brown Act); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act, codified as Government Code section 54950 et seq., so that any member of the public may attend, participate, and observe the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, as amended by Assembly Bill 361 (2021), amending Government Code section 54953(e) et seq., allows for remote teleconferencing observation and participation in meetings by members of a legislative body and members of the public, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act, Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, as provided in Government Code section 8558; and
WHEREAS, on March 4, 2020, pursuant to Government Code section 8625, Governor Newsom declared the existence of a state of emergency for the State of California, in response to the outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID19); and WHEREAS, also on March 4, 2020, the County of Los Angeles followed suit and declared the existence of a state of emergency for the County of Los Angeles; and WHEREAS, on March 12, 2020, out of an abundance of caution to protect the health, safety, and welfare of the community, the Mayor of the City of South El Monte proclaimed a local emergency due to the public health threat caused by COVID-19; and WHEREAS, the Mayor’s proclamation found that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

Page 50 of 186 ends

WHEREAS, on March 16, 2020, the City’s Director of Emergency Services declared a local emergency for the City pursuant to Chapter 2.32 of the South El Monte Municipal Code, finding that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 20-24, ratifying the proclamation of a local emergency in response to COVID-19; and WHEREAS, Government Code section 54953(e) further requires that state or local officials have imposed or recommended measures to promote social distancing; or, the legislative body of the City finds that meeting in person would present imminent risk to the health and safety of attendees; and
WHEREAS, the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing, County officials are requiring masking in an effort to slow the continuously high level of transmission of COVID-19 throughout Los Angeles County, and the Centers for Disease Control and Prevention (“CDC”) continue to recommend physical distancing; and
WHEREAS, in large part due to the Omicron variant, there has been a sharp surge of Covid-19 positive cases since December 2021. The CDC indicators and thresholds measuring community transmission of COVID-19 within the County of Los Angeles continue to be at a substantial level. The Omicron variant is the predominant strain in Los Angeles County and spreads more easily than the original virus. While the Omicron BA.1 variant is currently the dominant variant in Los Angeles County, there is a gradual increase in the level of the BA.2 subvariant in the County. The BA.2 subvariant is highly transmissible, and has become the dominant variant in many countries, including some that are facing renewed surges in cases and increased hospitalizations; and
WHEREAS, the Council hereby finds that such emergency conditions persist in the City, such that meeting in person for the meetings of the legislative bodies of the City would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance; and
WHEREAS, the Council hereby finds that the state of emergency due to the COVID-19 virus and the conditions related thereto has caused, and will continue to cause, conditions of extreme peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and thereby affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City, and ratifies the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, the Council hereby finds that, as a consequence of the existing local emergency, the legislative bodies of the City shall conduct their meetings without compliance with Government Code section 54953(b)(3), and shall instead comply with the remote teleconference meeting requirements as authorized by Government Code section 54953(e) et seq.; and WHEREAS, the Council affirms that the City will allow for observation and participation by Councilmembers, members of the City’s legislative bodies, and the public by allowing public participation and comment in real time via Zoom or by telephone, as well as allowing limited inPage 51 of 186 person attendance for certain legislative bodies of the City, as will be duly indicated in the agendas of the legislative bodies, respectively, in an effort to protect the constitutional and statutory rights of all attendees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated herein Resolution by reference.

Section 2. The Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City, and affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City.

Section 3. The Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Further, the Council finds that holding the meetings of the City’s legislative bodies in person with no limitations to attendance would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance, and that the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing in connection with the COVID-19 emergency, as required by Government Code section 54953(e) et seq.

Section 5. The City Manager and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings via teleconference in accordance with Government Code section 54953(e) et seq. and other applicable provisions of the Brown Act.

Section 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 16, 2023, or (ii) such time the Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies (as that term is defined in Government Code §54952, including commissions, boards and committees subject to the Brown Act) of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED, APPROVED AND ADOPTED this 15th day of February 2023.

____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

Page 52 of 186 ends

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. 23-16, was duly passed and approved by the City Council of the City of South El Monte at a special meeting of said Council held on the 15th day of February 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Donna G. Schwartz, City Clerk

Page 53 of 186 ends

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

RECOGNIZED OBLIGATION PAYMENT SCHEDULES FOR
THE ANNUAL PERIODS JULY 1, 2022 THROUGH JUNE 30,
2023 (“ROPS 22-23”) AND JULY 1, 2023 THROUGH JUNE 30,
2024 (“ROPS 23-24”)
SUMMARY: On January 24, 2022, the County Oversight Board approved SA’s ROPS 22-23 by adopting Resolution No. OB 22-1. On January 18, 2023, the County Oversight Board approved SA’s ROPS 23-24 by adopting Resolution No. OB 23-1. Staff requests City Council to receive and file ROPS 22-23 and ROPS 23-24.

RECOMMENDED ACTION: Staff recommends City Council receive and file ROPS 22- 23 and ROPS 23-24.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact to the City of South El Monte, as the County provides approval and funding to the SA to make payments according to the ROPS.

DISCUSSION: The Successor Agency to the South El Monte Improvement District (SA) is responsible for winding down the activities of the former Redevelopment Agency (RDA). The RDA was dissolved on February 1, 2021, in accordance with ABx1 26, and replaced with the SA. The SA makes payments required to complete enforceable obligations, performs duties pursuant to the enforceable obligations, and comply with ABx1 26, AB 1484, and SB 107.

The South El Monte’s Oversight Board to the SA was dissolved by operation of law (Government Code section 34179j), which specifies that on and after July 1, 2018, in each county where more than one oversight board was created. There shall be only one Oversight Board, which is now the County Oversight Board (https://lacob.lacounty.gov/).

South El Monte SA staff serves as staff to the County Oversight Board. On January 24, 2022, the County Oversight Board approved SA’s ROPS 22-23 by adopting Resolution

Page 54 of 186 ends

No. OB 22-1 (Attachment A). On January 18, 2023, the County Oversight Board approved SA’s ROPS 23-24 by adopting Resolution No. OB 23-1 (Attachment B). Both ROPS were approved for the South El Monte SA staff to make payments required to complete enforceable obligations, perform duties pursuant to the enforceable obligations, and comply with ABx1 26, AB 1484, and SB 107.

ATTACHMENT(S):

A. Resolution No. OB 22-1
B. Resolution No. OB 23-1

Page 55 of 186 ends

ATTACHMENT A

Page 56 of 186 ends

Page 57 of 186 ends

Page 58 of 186 ends

Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: South El Monte
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
22-23A Total
(July -
December)
22-23B Total
(January -
June)
ROPS 22-23
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,809,771 $ 479,169 $ 2,288,940 F RPTTF 1,744,771 414,169 2,158,940
G Administrative RPTTF 65,000 65,000 130,000
H Current Period Enforceable Obligations (A+E) $ 1,809,771 $ 479,169 $ 2,288,940 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

Page 59 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
22-23
Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$32,569,921 $2,288,940 $- $- $- $1,744,771 $65,000 $1,809,771 $- $- $- $414,169 $65,000 $479,169 7 Contracted
Services for
Bonds
Professional
Services
07/01/
2006
08/01/2036 Urban
Futures,
Inc.

Consultant
for Bond
Disclosure
Reports
102,000 N $6,800 - - - - - $- - - - 6,800 - $6,800
9 Banking Fees Fees 07/27/
2005
08/01/2036 U.S. Bank Bank Trust
Fee
84,000 N $5,600 - - - 2,800 - $2,800 - - - 2,800 - $2,800 11 Administrative
Costs
Admin
Costs
02/01/
2012
08/01/2036 Employees Full-time
salaries
and
benefits
1,950,000 N $130,000 - - - - 65,000 $65,000 - - - - 65,000 $65,000 36 2014 Tax
Allocation
Bonds Series
A
Bonds
Issued After
12/31/10
07/02/
2014
08/01/2036 U.S. Bank Bonds
issued to
refund
outstanding
Series
2008A
Bonds
9,943,831 N $265,488 - - - 132,744 - $132,744 - - - 132,744 - $132,744 48 2015 Tax
Allocation
Bonds Series
A
Bonds
Issued After
12/31/10
05/13/
2015
08/01/2031 U.S. Bank Bonds
issued to
refund
outstanding
Series
2005A
Bonds
12,407,963 N $406,219 - - - 225,863 - $225,863 - - - 180,356 - $180,356 49 2015 Tax
Allocation
Bonds Series
B
Bonds
Issued After
12/31/10
05/13/
2015
08/01/2026 U.S. Bank Bonds
issued to
refund
outstanding
Series
2005B
Bonds
3,584,163 N $721,163 - - - 670,538 - $670,538 - - - 50,625 - $50,625 52 Subordinate
Taxable Tax
Allocation
Refunding
Bonds Series
2019
Refunding
Bonds
Issued After
6/27/12
10/01/
2019
08/01/2027 U.S.Bank Bonds
Issued to
refund
outstanding
2007
Series A
Taxable
4,497,964 N $753,670 - - - 712,826 - $712,826 - - - 40,844 - $40,844

Page 60 of 186 ends

Page 61 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/19)
RPTTF amount should exclude "A" period distribution
amount.
102,296 Ending balance per prior year's reporting
2 Revenue/Income (Actual 06/30/20)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County Auditor-Controller
2,303,760 Per DOF approval letter dated March 26,
2021
3 Expenditures for ROPS 19-20 Enforceable Obligations
(Actual 06/30/20)
2,422,949 Per June 30, 2020 audited financial statement (Total Deductions of $1,330,633 per
Statement of Changes in Fiduciary Net
Position and reduction in Long-Term
Liabilities of $1,092,316).
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 19-20 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
No entry required

Page 62 of 186 ends

Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/20)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $(16,893)

Page 63 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Item # Notes/Comments
7 Assumes Continuing Disclosure Report will cost $6,800 per year until bond maturity in 15 years ($6,800 x 15 = $102,000)
9 Assumes Bond Trustee Fees will continue to be $5,600 per year until bond maturity in 15 years ($5,600 x 15 = $84,000)
11 Assumes Administrative Costs will be $130,000 per year until bond maturity in 15 years ($130,000 x 15 = $1,950,000)
36 Principal and interest due each February 1st and August 1st 48 Principal and interest due each February 1st and August 1st 49 Principal and interest due each February 1st and August 1st 52 Principal and interest due each February 1st and August 1st

Page 64 of 186 ends

ATTACHMENT B

Page 65 of 186 ends

Page 66 of 186 ends

Page 67 of 186 ends

Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: South El Monte
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,818,818 $ 450,000 $ 2,268,818 F RPTTF 1,761,124 392,306 2,153,430
G Administrative RPTTF 57,694 57,694 115,388
H Current Period Enforceable Obligations (A+E) $ 1,818,818 $ 450,000 $ 2,268,818 Certification of Oversight Board Chairman:

Page 68 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$30,086,340 $2,268,818 $- $- $- $1,761,124 $57,694 $1,818,818 $- $- $- $392,306 $57,694 $450,000 7 Contracted
Services for
Bonds
Professional
Services
07/01/
2006
08/01/2036 Urban
Futures,
Inc.

Consultant
for Bond
Disclosure
Reports
98,000 N $7,000 - - - 3,500 - $3,500 - - - 3,500 - $3,500 9 Banking Fees Fees 07/27/
2005
08/01/2036 U.S. Bank Bank Trust
Fee
85,540 N $6,110 - - - 3,055 - $3,055 - - - 3,055 - $3,055 11 Administrative
Costs
Admin
Costs
02/01/
2012
08/01/2036 Employees Full-time
salaries
and
benefits
1,615,418 N $115,388 - - - - 57,694 $57,694 - - - - 57,694 $57,694 36 2014 Tax
Allocation
Bonds Series
A
Bonds
Issued After
12/31/10
07/02/
2014
08/01/2036 U.S. Bank Bonds
issued to
refund
outstanding
Series
2008A
Bonds
9,678,344 N $265,488 - - - 132,744 - $132,744 - - - 132,744 - $132,744 48 2015 Tax
Allocation
Bonds Series
A
Bonds
Issued After
12/31/10
05/13/
2015
08/01/2031 U.S. Bank Bonds
issued to
refund
outstanding
Series
2005A
Bonds
12,001,744 N $410,088 - - - 230,356 - $230,356 - - - 179,732 - $179,732 49 2015 Tax
Allocation
Bonds Series
B
Bonds
Issued After
12/31/10
05/13/
2015
08/01/2026 U.S. Bank Bonds
issued to
refund
outstanding
Series
2005B
Bonds
2,863,000 N $715,313 - - - 675,625 - $675,625 - - - 39,688 - $39,688 52 Subordinate
Taxable Tax
Allocation
Refunding
Bonds Series
2019
Refunding
Bonds
Issued After
6/27/12
10/01/
2019
08/01/2027 U.S.Bank Bonds
Issued to
refund
outstanding
2007
Series A
Taxable
Bonds
3,744,294 N $749,431 - - - 715,844 - $715,844 - - - 33,587 - $33,587

Page 69 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
(16,893) Ending balance per prior year's reporting
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
2,475,898 ROPS 20-21 RPTTF
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
2,422,331 20-21A POP = $1,777,084. 20-21B POP =
$445,247. 20-21 Administrative RPTTF =
$200,000.
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $36,674

Page 70 of 186 ends

South El Monte
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
7 Assumes Continuing Disclosure Report will cost $7,000 per year until bond maturity in 14 years ($7,000 x 14 = $98,000)
9 Assumes Bond Trustee Fees will continue to be $6,110 per year until bond maturity in 14 years ($6,110 x 14 = $85,540)
11 Assumes Administrative Costs will be $115,387 per year until bond maturity in 14 years ($115,387 x 14 = $1,615,418)
36 Principal and interest due each February 1st and August 1st 48 Principal and interest due each February 1st and August 1st 49 Principal and interest due each February 1st and August 1st 52 Principal and interest due each February 1st and August 1st

Page 71 of 186 ends

City Council Agenda Report
Agenda Item No. 8.a.

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Continued from the February 14, 2023 Regular City Council Meeting - CONSIDERATION AND APPROVAL OF URGENCY
ORDINANCE NO. 1264-U, AMENDING ORDINANCE NO.
1263-U, EXTENDING THE CAR WASH USE AND EXPANSION

MORATORIUM
SUMMARY: Staff is requesting City Council adopt Urgency Ordinance No. 1264-U amending Urgency Ordinance No 1263-U extending the current 45-day moratorium for additional time of ten (10) months and fifteen (15) days per Government Code Section 65858, for a total of a one-year moratorium. The Urgency Ordinance must be adopted by a four-fifths vote of the legislative body, and notice of public hearing shall be given at least 10 days prior to the hearing per Government Code Section 65858.

RECOMMENDED ACTION: Staff recommends City Council:

1. Conduct a public hearing;

2. Take public testimony; and

FISCAL/FINANCIAL IMPACT: There will be no fiscal and/or resource impact to the City for this moratorium.

DISCUSSION: On January 10, 2023, the City Council adopted Urgency Ordinance No. 1263-U, a forty-five day moratorium on the establishment or expansion of car washes within City limits. The purpose of the moratorium was to provide City staff time to conduct research, determine how to mitigate impacts from such uses, and create appropriate zoning regulations.

Page 72 of 186 ends

Pursuant to Government Code Section 65858, Urgency Ordinance No. 1263-U took effect for forty-five (45) days and will expire on February 24, 2023, unless extended by the City Council. Car wash uses are considered by staff as a high intensity use that may have detrimental effects to the surrounding community. The detrimental effects include noise from the vacuums, water usage, traffic, and circulation, specifically the queuing of vehicles.

The City currently has five (5) car wash locations:

1. Mobil Gasoline Station - 1220 Peck Rd. (drive-through)

2. Shell Gasoline Station - 1130 Peck Rd. (drive-through)

3. Arco Gasoline Station - 2004 Rosemead Blvd. (drive-through)

4. USA Gasoline Station - 2007 Durfee Ave. (drive-through)

5. NCM Super Kleen Car Wash - 2745 Rosemead Blvd. (full-service) Since January 10, 2023, Planning Division staff has initiated the following:

1. Created a list of all car wash establishments in the City of South El Monte

2. Reviewing entitlements processed to verify that car wash facility operators are complying with the conditions of approval.

3. Reviewing current zoning regulations related specifically to car washes.

4. Reviewing the City's General Plan to determine whether car wash uses are consistent with the General Plan's adopted goals and policies.

5. Reviewing the development standards, regulations, and entitlement procedures of surrounding cities.

6. Reviewing State requirements related to car wash operations.

In accordance with Government Code Section 65858(d), the City Council issued a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium. This written report is required 10 days before the extension or expiration of the Moratorium.

Pursuant to Government Code Section 65858 (a) and (d) Planning Division staff requires additional time to study the impacts of the interim development standards and their applicability to protect the community from adverse impacts. Additional time is also required to take the potential development standards to the Planning Commission for a recommendation to the City Council and to garner public input on the interim and potential future development standards.

Staff report prepared by Guillermo Arreola, Planning Manager

ATTACHMENT(S):

A. Car Wash Moratorium Extension Urgency Ordinance 1264-U

Page 73 of 186 ends

01135.0001/856357.1

ATTACHMENT A
URGENCY ORDINANCE NO. 1264-U

AN INTERIM URGENCY ORDINANCE OF THE CITY OF

SOUTH EL MONTE, CALIFORNIA, EXTENDING URGENCY
ORDINANCE NO. 1263-U WHICH ESTABLISHED A 45-DAY

TEMPORARY MORATORIUM ON THE ESTABLISHMENT

OR EXPANSION OF CAR WASHES WITHIN CITY LIMITS

FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS,

AND DECLARING URGENCY THEREOF
WHEREAS, the City of South El Monte (“City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City pursuant to California Constitution Article XI, section 7; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating the establishment and expansion of Car Washes (as defined in this Ordinance below) within City limits; and WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, South El Monte Municipal Code (“SEMMC”) section 17.28.030 defines permissible locations for all drive-in or drive-through establishments in the City, including Car Washes; and
WHEREAS, SEMMC section 17.28.040 defines performance standards generally applicable to all drive-in or drive-through establishments in the City, including Car Washes; and WHEREAS, SEMMC section 17.30.005 permits nonmechanical automobile washing incidental to the retail sales of gasoline and lubricants at automobile service stations; and WHEREAS, SEMMC section 8.46.040(N) prohibits the operation of commercial car washes that do not use recycled water, and
WHEREAS, the City has no other development standards or regulations applicable to the operation of Car Washes; and
WHEREAS, the City’s permissive policy towards Car Washes could result in a proliferation or oversaturation of said uses within the City; and WHEREAS, the proliferation of Car Washes throughout the City without due consideration presents an immediate threat to public health, safety, or welfare because Car Washes generate undesirable conditions for adjacent properties as a result of noisy, large-scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines and car stereos. In

Page 74 of 186 ends

01135.0001/856357.1
addition the use increases vehicle traffic in the immediate vicinity, and can cause runoff of chemicals. Finally, airborne mist, odors from chemicals and vehicle exhaust are also a result of such uses; and
WHEREAS, the oversaturation of Car Washes in the City provides little economic benefit to the City or City residents; and
WHEREAS, absent clear regulation, the proliferation and oversaturation of Car Washes in the City poses a threat to the public peace, health, and safety, and, unless the City takes action to regulate, the impacts described above are likely to continue to occur; and WHEREAS, the City desires to regulate Car Washes to ensure that public right-of-ways and public property remain free of public nuisances, safe and accessible for all users, and clear of conditions that pose threats to public health, safety, and welfare, to ensure that future development is undertaken in a manner consistent with the City’s General Plan, and to ensure that Car Wash Operators comply with State and City regulations that inure to the public’s health, safety, and welfare; and
WHEREAS, the City anticipates that Car Wash operators may seek to establish additional Car Washes, or desire to expand existing Car Washes before a non-urgency ordinance would become effective; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, on January 10, 2023, the City Council adopted Interim Urgency Ordinance No. 1263-U, which imposed a temporary moratorium on the establishment of new Car Washes within the City of South El Monte (“Moratorium”) based upon immediate threats to public health, safety, and welfare, which include, but are not limited to:
(1) Undesirable conditions for adjacent properties as a result of use noisy, large-scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines and car stereos; and
(2) Increases in vehicle traffic in their immediate vicinity; and (3) Airborne mist, odors from chemicals and vehicle exhaust, and runoff of chemicals; and
(4) Lack of economic benefit to the City or City residents, as there are minimal sales tax revenues associated with the use, few employees hired, and typical wages paid would not increase the City’s overall median income; and
(5) The immediate loss of potential revenues to the City and the immediate loss of desirable commercial and/or manufacturing sites throughout the City.

Page 75 of 186 ends

01135.0001/856357.1
WHEREAS, the City Council continues to be concerned that the potential proliferation of new Car Washes that may adversely affect the City’s economic vitality, and may result in a high concentration of Car Washes in the City, which can give rise to the harms already noted herein, and may not be compatible with existing and potential uses of similarly zoned businesses; and WHEREAS, based upon the forgoing, an extension of the Moratorium is necessary so that the City may continue to thoroughly investigate, review, study and amend the City’s laws, rules, procedures and fees related to the establishment of new Car Washes within the City; and WHEREAS, Government Code Section 65858 expressly authorizes the City Council to adopt and extend an urgency ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council or the City’s Planning Commission or Planning Department is considering or studying or intends to study within a reasonable time, for the purpose of the immediate preservation of the public health, safety, or welfare; and
WHEREAS, pursuant to the above-described express statutory authority and its police power, the City Council desires, on an urgency basis, to extend the temporary prohibition on the establishment of new, or expansion of existing, Car Washes within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS
The City Council finds and determines the recitals above are true and correct, and are hereby incorporated by reference. Additionally, based on the foregoing, both verbal and written testimony at the public hearing, including the staff report, exhibits, and any materials provided by members of the public, the City Council finds as follows:

A. There continues to be a public urgency and a need to immediately protect the public health, safety, and welfare as detailed further in the Moratorium and in this Ordinance.

B. The Moratorium prohibits the establishment of Car Washes for a period of 10 months and 15 days from its adoption while the City is considering or studying or intends to study the establishment of new Car Washes or the expansion of existing Car Washes.

C. There is insufficient time for the City to adopt a regular, non-urgency ordinance applicable to these types of businesses. The Moratorium complies with applicable state law and preserves the status quo so that the City may either prohibit such uses or establish reasonable rules and regulations protecting the public health, safety, and welfare of City residents and businesses regarding the establishment of new Car Washes or the expansion of existing Car Washes.

D. Without an extension of the Moratorium, the potential adverse direct and secondary effects of the establishment of new Car Washes or the expansion of existing Car Washes present a clear and present danger to the immediate preservation of the public health, safety, and welfare of the community. Further, the potential proliferation of Car Washes may adversely affect the City’s economic vitality, and may not be compatible with existing and potential uses of similarly

Page 76 of 186 ends

01135.0001/856357.1
zoned businesses
E. In light of the concerns noted herein, the City Council determines it continues to be in the interest of protecting the immediate public health, safety, or welfare to extend the Moratorium by 10 months and 15 days in order to allow staff time to, among other related tasks, continue and/or proceed with a comprehensive study to research and consider potential regulatory and zoning mechanisms for regulating such businesses.

F. Until such time that staff concludes a comprehensive study and the City Council determines whether to adopt new regulatory controls over Car Washes, the community is in jeopardy in that such businesses could be established which would be in potential conflict with the City’s regulatory or zoning proposals. The establishment of such new businesses would defeat the intent and purpose of any potential future regulation and substantially impair its effective implementation.

G. Based upon the forgoing, this urgency extension of the Moratorium is necessary in order to ensure that adequate regulation regarding the establishment of Car Washes, in the City is adopted prior to the issuance of any new permits authorizing such activities to an extent greater than set forth in the Moratorium.

H. Based upon the forgoing, issuance or approval of any building, planning, or other applicable entitlements for the establishment of Car Washes or the expansion of existing Car Washes prior to the staff's completion of its comprehensive study would result in a current and immediate threat to the public health, safety or welfare, and therefore extension of the Moratorium will continue to prevent a current and immediate threat to the public health, safety, and welfare.

SECTION 2. EXTENSION
The Moratorium is hereby extended for an additional 10 months and 15 days beyond its original expiration date, such that the Moratorium will now expire on January 8, 2024, or when an ordinance supersedes the Moratorium.

SECTION 3. URGENCY MEASURE
Based upon the forgoing, the City Council hereby declares that this extension of the Moratorium is necessary as an urgency measure for the preservation of the public health, safety and welfare of the City.

SECTION 4. SEVERABILITY
The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.

SECTION 5. CEQA COMPLIANCE

Page 77 of 186 ends

01135.0001/856357.1
Pursuant to the California Environmental Quality Act Guidelines ("CEQA," California Code of Regulations Title 14, §§ 15000 et seq.), this Interim Urgency Ordinance is exempt from CEQA based on the following: (i) this Ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment, either directly or indirectly and (ii) this Ordinance is also exempt pursuant to CEQA Section 15061(b)(3) since the proposed ordinance involves an Interim Urgency Ordinance extending the temporary moratorium on the operation of Car Washes and thus there is no possibility that the proposed ordinance may have a significant effect on the environment.

SECTION 6. EFFECTIVENESS OF ORDINANCE.

This Ordinance shall take effect immediately upon its adoption by a 4/5 vote, pursuant to the authority conferred upon the City Council by Government Code Sections 36934, 36937, and 65858. This Ordinance shall be effective during the Effective Period which shall be from its adoption and shall be of no further force and effect 10 months and 15 days days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858(b). Not later than ten (10) days prior to the expiration of the Moratorium, or any extension thereof, the City Council shall issue a written report describing the measures the City has taken to address the conditions which led to the adoption of the Moratorium and its extensions.

SECTION 7. PUBLICATION
The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law. [SIGNATURES LOCATED ON THE FOLLOWING PAGE]

Page 78 of 186 ends

01135.0001/856357.1
PASSED, APPROVED AND ADOPTED 15th day of February 2023.

Gloria Olmos, Mayor
ATTEST:

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

Anthony R. Taylor, City Attorney

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 Ordinance, being Urgency Ordinance No.1264-U, was duly passed and approved by the City Council of the City of South El Monte at a special meeting of said Council held on the 15th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna G. Schwartz, City Clerk

Page 79 of 186 ends

City Council Agenda Report
Agenda Item No. 9.a.

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: PRESENTATION AND DISCUSSION ON A HOMELESS

ACTION PLAN
SUMMARY: Previously, the City Council requested that staff and the City Attorney provide guidance and information regarding additional programming, steps, or action plans to address homelessness/houselessness in South El Monte. Staff and the City Attorney have prepared a presentation on the different possibilities available to the City, including further collaboration with LA County and surrounding cities, declaring a state of emergency, obtaining state funding to provide housing for homeless and at-risk populations, and establishing a task force.

RECOMMENDED ACTION: Staff recommends City Council discuss and provide direction regarding additional steps or programming to pursue in order to address homelessness/houselessness in South El Monte.

FISCAL/FINANCIAL IMPACT: There will be no fiscal and/or resource impact to the City for this presentation.

DISCUSSION: The presentation will cover potential solutions and actions that the City may take to address homelessness/houselessness in the community. The presentation will discuss multiple funding opportunities available through LA County and the State, including Measure H funding and Cities and COGs Interim Housing funds. The presentation will also cover the different services available through the County, which may bridge the gaps between the needs of homeless residents and services currently provided in South El Monte. The presentation will discuss the possibility of declaring a local state of emergency, its affect, and the pros and cons of a declaration. Finally, the presentation will address the possibility of creating a Homelessness Task Force, a Brown Act committee that would consist of members of the public, City staff, and law enforcement. The Task Force would provide outreach to homeless residents to identify their needs, coordinate with the Greater El Monte Community Hospital to provide resources and treatment, work with existing providers to bridge the gap between services and residents, and identify and address any funding and resource needs.

ATTACHMENT(S): None.

Page 80 of 186 ends

City Council Agenda Report
Agenda Item No. 9.b.

WITH VASQUEZ & COMPANY LLP FOR AUDITING

SERVICES
SUMMARY: On January 11, 2022, the City adopted Resolution No. 22-03, awarding a three-year contract to Vasquez & Company LLP for auditing services with two one-year extension options. On September 6, 2022, Vasquez informed the City that due to a significant increase in cost, Vasquez would like to adjust its fees, or possibly terminate the contract early.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-17, approving first amendment to the agreement with Vasquez & Company LLP and if approved:

2. Authorize City Manager or designee to negotiate and execute agreement.

FISCAL/FINANCIAL IMPACT: The financial impacts are as follows:

FY2021-22 $15,000
FY2022-23 $24,473
FY2023-24 $25,918 (if option exercised)
FY2024-25 $27,449 (if option exercised)
Total $92,840
DISCUSSION: On November 10,2021, the City issued a Request for Proposal for Auditing Services and received five proposals. Staff reviewed the proposals, conducted interviews, and determined that, of the five companies, Vasquez provided the best overall value and fit to meet the needs of the City. On January 11, 2022, the City adopted Resolution No. 22-03 awarding a three-year contract to Vasquez with a two one-year extension options. The contract awarded identifies as follows:

Page 81 of 186 ends

On May 2, 2022, Vasquez completed the 2020-21 Financial Audit. On September 1, 2022, Vasquez completed the 2022-21 Single Audit. On September 6, 2022, Vasquez informed the City that due to a significant increase in cost, Vasquez would like to adjust its fees and has continued to communicate as such until present. On December 22, 2022, Vasquez completed the 2021-22 Financial Audit, inclusive of the sections added to submit the application to obtain the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Presently, Vasquez is working on the 2021-22 Single Audit which is expected to be completed before March 31, 2022. After having repeated discussions with management in Finance, Vasquez is proposing a fee increase, with additional services identified as follows:

Management in Finance informed Vasquez that such an amendment must be brought before City Council. Management also informed Vasquez that should City Council not

Page 82 of 186 ends

approve, the City may have to terminate the contract early with a 30 days’ notice to Vasquez, or a 60 days’ notice from Vasquez to the City, as stipulated under the contract.

Contractually, the City is not required to amend its contract with Vasquez. However, due to unusual circumstances, with escalating inflation and industry dynamics of baby boomer auditors retiring and causing a shortage of auditors within the industry, Vasquez has had to adjust its labor cost to maintain its qualified staff. The Interim Finance Director is currently torn between wanting to retain an exceptional auditor like Vasquez who completes its engagement in a timely manner vs. possibly having to terminate the contract early. Staff is requesting City Council consider approving a first amendment to agreement.

ATTACHMENT(S):

A. Resolution No. 22-17
B. Amendment No. 1
C. Vasquez & Company LLP - Auditing Services
D. Auditor Communication to City
E. South El Monte Engagement Cost Analysis

Page 83 of 186 ends

01257.0001/643525.1
01257.0001/857889.1

ATTACHMENT A
RESOLUTION NO. 23-17

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE CITY TO EXECUTE A FIRST

AMENDMENT TO AGREEMENT WITH VASQUEZ &

COMPANY LLP FOR AUDITING SERVICES
WHEREAS, the City of South El Monte (“City”) executed an agreement with Vasquez & Company LLP for auditing services on January 11, 2022; and WHEREAS, the original agreement for financial audit and single audit services were $35,000 for the first year, $36,100 for the second year, $37,200 for the third year for a total of $108,300; and
WHEREAS, the original agreement provided the first one-year renewal option, or the fourth year for $38,400, and the second one-year renewal option, or the fifth year, for $39,330; and WHEREAS, the City seeks to execute a first amendment to the agreement for auditing services to expand the scope of the services to include ACFR Preparation, Gann Limit Calculation, SCO Annual Street Report, and SCO Cities’ Financial Transactions Report; and WHEREAS, the first amendment to the agreement for financial audit, single audit, ACFR Preparation, Gann Limit Calculation, SCO Annual Street Report, and SCO Cities’ Financial Transactions Report will become $35,000 for the first year, $51,100 for the second year, $61,673 for the third year, and $64,318 for the first one-year renewal option, or the fourth year, and $66,779 for the second one-year renewal option, or the fifth year, for a total of $278,870; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:

Section 1. The City Council hereby approves a first amendment to the agreement for auditing services to expand the scope of the services to include ACFR Preparation, Gann Limit Calculation, SCO Annual Street Report, and SCO Cities’ Financial Transactions Report, for a total cost increase of $170,570 over the remaining life of the agreement.

Section 2. The Mayor is directed to execute the Agreement in substantially the form attached as Attachment A. The Mayor and City Manager are hereby directed to take all actions necessary to enter into and effectuate the Agreement.

Section 3. The City Clerk shall certify to the adoption of this Resolution.

Page 84 of 186 ends

01257.0001/643525.1
01257.0001/857889.1
PASSED, APPROVED, ADOPTED this 15th day of February 2023.

ATTEST:

Gloria Olmos, Mayor
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, hereby certify that the foregoing Resolution, being Resolution No. 23-17, was passed and approved by the City Council of the City of South El Monte City at a special meeting of said Council held on the 15th day of February, 2023 and that Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna G. Schwartz, City Clerk

Page 85 of 186 ends

1 ATTACHMENT B
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF SOUTH EL MONTE (“City”) and VASQUEZ & COMPANY LLP (“Consultant”) is effective as of the ____ day of _______, 2023.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated January 11, 2022 (“Agreement”) whereby Contractor agreed to provide Auditing Services.

B. The contract sum was not to exceed one hundred eight thousand three hundred dollars ($108,300).

C. City and Consultant now desire to amend the Agreement to expand the scope of services to include ACFR Preparation, Gann Limit Calculation, SCO Annual Street Report, and SCO Cities’ Financial Transactions Report; extend the term for two (2) additional one year terms; and increase the contract sum by $170,570 from $108,300 to 278,870.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. (a) Section 2.1 “Contract Sum” shall be amended to read:
“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 Two Hundred Seventy Eight Thousand Eight Hundred Seventy Dollars ($278,870) One Hundred Eight Thousand Three Hundred Dollars ($108,300) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.9. The Consultant has provided for an additional two year option at the amount of $38,400 for fiscal year 2023-24 and $39,600 for fiscal year 2024-25. The two option years are exercisable based upon mutual agreement at the conclusion of the third year of this Agreement.”
(b) Section 3.4 “Term” shall be amended to read:
“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 to extend past December 15, 2025 December 15, 2023, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City

Page 86 of 186 ends

01257.0001/857893.1 -2-
may, in its sole discretion, extend the Term for two additional one-year terms related to the audit for fiscal year 2023-24 and fiscal year 2024-25.” (c) Section I of Exhibit A “Scope of Services” shall be amended to read:
1) Consultant will perform the
following Services:
a) Perform annual audits and render an auditor’s report on the Basic Financial Statements of the City and its component units in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards issued by the Comptroller General of the United States.
i) As part of the annual audits a report will be rendered on the basic financial statements that will include both Government-Wide Financial Statements and Combining Fund Financial Statements, and also apply limited audit procedures to Management’s Discussion and Analysis (MD&A), if provided and required supplementary information pertaining to the General Fund and each major fund of the City.
ii) Render auditor’s reports on the City’s internal control over financial reporting and compliance with relevant laws and regulations and other matters based on the audit of the financial statements. iii) Prepare and word process the City’s Annual Financial Report. iv) Provide 10 copies and an electronic copy (e.g. PDF) of the final Annual Financial Report
b) Issue a Management Letter that includes recommendations for improvements in internal control, accounting procedures, and other significant observations that are considered to be non-reportable conditions. c) Perform an annual Single Audit and render an auditor’s report on the expenditure of federal grants in accordance with U.S. Office of Management and Budget Federal regulations entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR200” (the Uniform Guidance)
i) Issue an annual report on the City’s Schedule of Expenditures of Federal Awards
ii) Render an opinion on the City’s compliance with requirements applicable to each Major Program

Page 87 of 186 ends

01257.0001/857893.1 -3-
iii) Render a report on the City’s internal controls over the administration of Federal units.
d) Provide guidance on implementing new GASB pronouncements and specifics of Federal and State of California regulations as they pertain to local government accounting.
e) Provide information on new developments, trends and changing requirements pertaining to auditing and accounting standards. f) Provide interpretations of federal and state rules and regulations. g) Provide impact of new or existing tax laws.
h) Provide assistance in meeting the requirements of the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program.
i) Provide a presentation to City Council to discuss audit approach, scope of work, and results.
j) Provide ACFR Preparation.
k) Provide Gann Limit Calculation.
l) Provide SCO Annual Street Report.
m) Provide SCO Cities’ Financial Transactions Report.
(d) Section I of Exhibit C “Schedule of Compensation” shall be amended to read:

I. Consultant shall perform the following tasks at the following rates:

Optional Years
Task 2020-21 2021-22 2022-23 2023-24 2024-
25 A. Financial Audit 29,100 30,023 30,941 31,954 32,964 B. Single Audit 5,900 6,077 6,259 6,446 6,366
Totals $35,000 $51,100 $61,673 $64,318
$66,779
35,000 36,100 37,200 38,400 39,600

(e) Section 1 of Exhibit D “Scope of Performance” shall be amended to read:

Page 88 of 186 ends

01257.0001/857893.1 -4-
Fiscal Year 2020-21 Days to Perform Deadline Date
A. Task A As Required May 15, 2022
B. Task B As Required May 15, 2022
Fiscal Year 2021-22
Days to Perform Deadline Date
A. Task A As Required Dec. 15, 2022
B. Task B As Required Dec. 15, 2022
Fiscal Year 2022-23
Days to Perform Deadline Date
A. Task A As Required Dec. 15, 2023
B. Task B As Required Dec. 15, 2023
Fiscal Year 2023-24
Days to Perform Deadline Date
A. Task A As Required Dec. 15, 2024
B. Task B As Required Dec. 15, 2024
Fiscal Year 2024-25
Days to Perform Deadline Date
A. Task A As Required Dec. 15, 2025
B. Task B As Required Dec. 15, 2025

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Page 89 of 186 ends

01257.0001/857893.1 -5-
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

Page 90 of 186 ends

01257.0001/857893.1 -6-
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
CONTRACTOR:

VASQUEZ & COMPANY LLP
By: ________________________________
Name:

Title:

By: ________________________________
Name:

Title:

Address:
____________________________________
____________________________________
_

Page 91 of 186 ends

01257.0001/857893.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 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.

Page 92 of 186 ends

01257.0001/857893.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

Page 93 of 186 ends

ATTACHMENT C

Page 94 of 186 ends

Page 95 of 186 ends

Page 96 of 186 ends

Page 97 of 186 ends

Page 98 of 186 ends

Page 99 of 186 ends

Page 100 of 186 ends

Page 101 of 186 ends

Page 102 of 186 ends

Page 103 of 186 ends

Page 104 of 186 ends

Page 105 of 186 ends

Page 106 of 186 ends

Page 107 of 186 ends

Page 108 of 186 ends

Page 109 of 186 ends

Page 110 of 186 ends

Page 111 of 186 ends

Page 112 of 186 ends

Page 113 of 186 ends

Page 114 of 186 ends

Page 115 of 186 ends

Page 116 of 186 ends

Page 117 of 186 ends

Page 118 of 186 ends

Page 119 of 186 ends

Page 120 of 186 ends

1 Masami Higa
From: Cid Conde <[email protected]>
Sent: Thursday, September 8, 2022 4:15 PM
To: Willliam Fox
Cc: Roger Martinez; Cristy Canieda
Subject: RE: [External] City of South El Monte - Meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I just sent the calendar meeting invite. Thanks.

Isidro (Cid) Conde
Audit Director
VASQUEZ + COMPANY LLP
O: 213.873.1730
[email protected] | www.vasquez.cpa
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.

This email transmission contains information from Vasquez & Company LLP, which may be confidential or protected by the privilege and/or the work product doctrine and intended solely for the person or organization to which it is addressed. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify us immediately by replying to vasquezcpa.com & delete the original message. Although Vasquez & Company LLP has scanned this email to prevent transmission of any potentially dangerous code (virus), the recipient should check this email and any attachments for the presence of viruses.

Vasquez & Company LLP accepts no liability for any damage caused by any virus transmitted by this email.

From: Willliam Fox <[email protected]>
Sent: Thursday, September 8, 2022 4:09 PM
To: Cid Conde <[email protected]>
Cc: Roger Martinez <[email protected]>; Cristy Canieda <[email protected]> Subject: RE: [External] City of South El Monte ‐ Meeting Let’s do it at 2 pm on Monday. Please send me a Zoom or Teams invite.

William Fox
Interim Finance Director
Phone: 626-579-6540, ext. 3251
Mobile: 626-827-2445
1415 Santa Anita Avenue
South El Monte, CA 91733
www.cityofsouthelmonte.org

ATTACHMENT D

Page 121 of 186 ends

2 From: Cid Conde <[email protected]>
Sent: Thursday, September 8, 2022 3:39 PM
To: Willliam Fox <[email protected]>
Cc: Roger Martinez <[email protected]>; Cristy Canieda <[email protected]> Subject: RE: [External] City of South El Monte ‐ Meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Bil,
We are available on both days from 11:00 a.m. to 3:00 p.m. Please let us know which date and time do you prefer.

Thanks,
Isidro (Cid) Conde
Audit Director
VASQUEZ + COMPANY LLP
O: 213.873.1730
[email protected] | www.vasquez.cpa

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.

Vasquez & Company LLP accepts no liability for any damage caused by any virus transmitted by this email.

From: Willliam Fox <[email protected]>
Sent: Thursday, September 8, 2022 1:46 PM
To: Cid Conde <[email protected]>; Roger Martinez <[email protected]> Subject: RE: [External] City of South El Monte ‐ Meeting Hi Cid and Roger:

Sorry for not responding sooner. I can meet next Monday or Tuesday, please share available times. I am assuming we will be going over a fee adjustment request. What we agree on will need to be approved by City Council. At the same time, I want to add one more year to the existing contract. I spoke to the City Manager and he agrees.

Bill
William Fox
Interim Finance Director
Phone: 626-579-6540, ext. 3251
Mobile: 626-827-2445
1415 Santa Anita Avenue
South El Monte, CA 91733

Page 122 of 186 ends

3 www.cityofsouthelmonte.org

From: Cid Conde <[email protected]>
Sent: Wednesday, September 7, 2022 5:38 PM
To: Willliam Fox <[email protected]>
Subject: RE: City of South El Monte ‐ Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Bill,
I would like to follow up regarding Roger’s meeting request below.

Thanks,
Isidro (Cid) Conde
Audit Director
VASQUEZ + COMPANY LLP
O: 213.873.1730
[email protected] | www.vasquez.cpa

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.

Vasquez & Company LLP accepts no liability for any damage caused by any virus transmitted by this email.

From: Cid Conde
Sent: Tuesday, September 6, 2022 9:37 AM
To: Willliam Fox <[email protected]>
Subject: City of South El Monte ‐ Meeting
Good morning Bill,
I hope you are doing well.

As you are well aware, cost of goods and services this year is abnormally high. Because of this, Roger would like to schedule a meeting with you to discuss about this issue. Are you available to meet with him tomorrow at 2:00 p.m. If not, please let me know of your availabilities. The meeting will likely last for about 30 minutes.

Page 123 of 186 ends

4 Thanks,
Isidro (Cid) Conde
Audit Director
VASQUEZ + COMPANY LLP
O: 213.873.1730
[email protected] | www.vasquez.cpa

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.

Vasquez & Company LLP accepts no liability for any damage caused by any virus transmitted by this email.

Page 124 of 186 ends

City of South El Monte
Proposed Fee (per contract)
FY 2021 FY 2022 FY 2023 FY 2024 FY 2025
Financial Audit 40,000 $             41,200 $        42,436$        $          43,709 $                45,020 Single Audit                 5,900           6,077 6,259                         6,446 6,636 Original proposal               45,900         47,277 48,695                    50,155                   51,656 Discount provided              (10,900)        (11,177) (11,495)                  (11,755)                 (12,026) Revised proposed fee $            35,000 $       36,100 37,200$        $          38,400 $               39,630 Analysis of 2021 and 2022 engagements
Actual Hours Billing
Actual
/Projected   Billing
2021 Rates Fees 2022 Rates Fees
Partners 32 $             285 9,049$          27 $ 285 $   7,624 Managers 218               34,880 160          84 160 13,440 Seniors 242               28,980         120                  273 120 32,790 Staff 191               19,050         100                  240 100 24,000 Total 682         91,959                  624   77,854
Audit Fee         35,000   36,100
Amount written off $       56,959 $ 41,754
Notes:

Cost of labor has significantly increased in 2022 and the billing rates presented above (and in the proposal) have been updated to reflect salary increases and inflation.

Vasquez wrote off approximately $57K and incurred a loss of $33,200 on the 2021 engagement. 2022 engagement is not yet complete; additional 60‐80 hours is budgeted and included above to complete the single audit. To break‐even in 2022 engagement, a fee adjustment of $26,300 is required.

Proposed Additional Scope and fee adjustment:

Additional Scope: FY 2022 FY 2023 FY 2024 FY 2025
ACFR Preparation 15,000 $ 15,900 $ 16,854 $ 17,865 $
GANN Limit - 773 796 820
Annual Street Report - 2,500 2,650 2,809
State Controller's Report* - 5,300 5,618 5,955
$ 15,000 $ 24,473 $ 25,918 $ 27,449
* Includes preparation and submission of the reports to the State Controller's Office and providing comments and responses to the questions that may arise during the review process.

Above change in scope and adjustment will still result in a loss of $14K for the 2022 engagement which we hope to recoup in 2023 through 2025 if we achieve a more eficient audit.

Option Years
Option Years

ATTACHMENT E

Page 125 of 186 ends

City Council Agenda Report
Agenda Item No. 9.c.

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL FOR AUTHORIZATION
TO SEEK REQUEST FOR PROPOSALS (RFPs) FOR

NEWSLETTER PUBLICATION SERVICES
SUMMARY: Staff seeks City Council approval of an RFP for Newsletter Publishing Services.

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

FISCAL/FINANCIAL IMPACT: There is no fiscal impact associated with approval of the RFP to solicit proposals.

DISCUSSION: The City is seeking to solicit proposals for newsletter publishing services for its monthly newsletter. The selected consultant shall publish a high-resolution colored “11”x 17” quarter folded newspaper with twelve (12) tabloid size pages and distribute to residents in the City using the “Carrier Route Walk Sequence Saturation” service.

The RFP for Newsletter Publishing Services release date is February 15, 2023, with a response date due by 12:00 p.m. on March 1, 2023.

Staff Report was prepared by Bertha Hernandez, Communications Coordinator

ATTACHMENT(S):

A. RFP for Newsletter 2023

Page 126 of 186 ends

01257.0001/852699.1
Request For Proposals
To Provide Newsletter Publishing Services
for the City of South El Monte
RFP Release Date: February 15, 2023
RFP Response Due: 2:00 p.m. March 1,2023

Page 127 of 186 ends

01257.0001/852699.1
Table of Contents
I. General Information
Newsletter Publication
II. Purpose & Services Description
III. Scope of Services
Publication of the City Newsletter
Distribution of the City Newsletter
Provide Format Assistance and Design Layout
IV. Information to be included in the Qualifications Submittal (Proposal) V. Corrections
VI. General Information
VII. Insurance Requirements
VIII. Proposal Review
IX. Consultant Agreement
X. Attachments
A. Affidavit of Non-Collusion
B. Claims History
C. Agreement for City Newsletter Publishing Services

Page 128 of 186 ends

01257.0001/852699.1
I. GENERAL INFORMATION
Newsletter Publication
The City of South El Monte is soliciting proposals for newsletter publishing services for its official newsletter. The newsletter is published monthly, in color both in print and digitally. Additionally, the City is requiring that contractors submitting proposals have a minimum of five years of experience in newsletter publishing.

Currently the City’s newsletter is a full colored, 11” x 17” publication with twelve (12) pages, published on 17” x 21.75” sheet, 4/4, 35# 80 alt offset, and press quarter folded.

The City is seeking a sophisticated and experienced print and digital publishing partner.

Expectations of the publishing partner will be on the highest level as evidence by the City’s previous years of outstanding City publications.

II. PURPOSE & SERVICES DESCRIPTION
The purpose of this Request for Proposals (RFP) is to select the most-qualified contractor to provide newsletter publishing services to the City. The City wishes to obtain newsletter publishing services under an agreement for a term of two (2) years, with an option to extend the agreement an additional three (3) years. The City will award no more than one contact, which shall not exceed these terms.

The required newsletter publishing services include, but are not limited to publication, printing, distribution, providing artwork, and preparation of the publication to ensure timely delivered to residents.

Parties wishing to bid for the newsletter publishing services contractor must prepare and submit final City newsletter publishing services bid documents (e.g., descriptions of services, fee and rate schedule, bid proposal). The selected contractor will provide newsletter publishing services for the City based on the scope of services and outlined tasks listed below.

III. SCOPE OF SERVICES
The following is a summary of the scope of services to be performed by the Contractor.

The Contractor shall be permitted to legally and ethically provide newsletter publishing services for the City.

Page 129 of 186 ends

01257.0001/852699.1
Publication of the City Newsletter
Contractor shall publish a high resolution, full color 11” x 17”, twelve (12) page, folded newsletter. A high-resolution color digital version of the newsletter must also be provided to the City. The City requires 9,600 copies to be printed monthly.

Distribution of the City Newsletter
Contractor shall be responsible for distributing the publication to residents in the City through the United States Postal Services using the “Carrier Route Walk Sequence Saturation” services and provide additional copies to the City for counter distribution.

Prior to distribution and printing, the City Manager or his/her designee must approve the newsletter in writing. The newsletter must be received by residents by the first Saturday of each month unless the Consultant and City otherwise agree in writing.

Provide Format Assistance and Design Layout
Contractor will provide format assistance with newsletter which includes artwork, design, layout, half tones, and output.

IV. INFORMATION TO BE INCLUDED IN THE QUALIFICATIONS SUBMITTAL (PROPOSAL)
Each proposal submitted in response to this RFP must include the following:

1. An executive summary;

2. General information about Contractor (i.e., location of offices(s), years in business, organizational chart, number and titles of staff, and any certifications or degrees);

3. Names, titles, experiences and qualifications of the personnel that will be assigned to the City to perform the Scope of Services (including subcontractors);

4. A statement describing the degree of work that is to be subcontracted, if any;

5. A conceptual plan for meeting the Scope of Services, in a manner that you believe is appropriate for the City. Indicate how the resources of your firm (e.g., number and type personnel allocated by hours) will be allocated, and include a detailed schedule identifying all pertinent tasks and the estimated time required to complete each task for typical newsletter;

Page 130 of 186 ends

01257.0001/852699.1

6. A statement of how your firm differentiates itself from other firms;

7. A statement of your understating of the project, scope of work, the methodology/concept to be applied and the approaches to be taken in accomplishing each task;

8. A list of three (3) references for which your firm has provided printing services with the past five (5) years. Include the following for each reference:
a. Name, address, and phone number
b. Size and description of the reference
c. Dates of service and brief description of the services provided;

9. A fee proposal: Each proposal must include a breakdown of proposed fee to be paid by the City for performance of the scope of services. The fee proposal shall include all tasks required to perform the scope of services, with a maximum fee for each task, and a grand total not-to-exceed fee of all maximum fees, which the Contractor shall be all-inclusive, including all overhead, materials, equipment, labor costs, 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 selected Contractor’s responsibility to identify all necessary tasks and costs associated with the scope of services, and to ensure that the project is completed in full compliance with Federal and State labor standards and regulations. The proposed fee should account for all costs associated with providing newsletter publishing services, and any other tasks required by the scope of services. The Contractor shall provide its services for the duration of the agreement for the approved fee;

10. Litigation History: The proposer shall provide information regarding any litigation arising out of work related to their projects or their subcontractor’s projects for the last five (5) years. Please refer to Attachment B (“Claims History”);

11. Three (3) copies of a Cost Proposal for completing the proposed work shall be provided and may be placed in the same envelop as the Proposal. The proposer’s fee for City Newsletter Publishing Services shall be a fixed not-to-exceed lump sum amount;

12. Attachment A (“Affidavit of Non-Collusion”) to be signed and submitted with proposal;

13. Any additional information you believe will be helpful to assist in the review of your proposal. Include any attachments, exhibits, or reports which may help the

Page 131 of 186 ends

01257.0001/852699.1
City gain an understanding of your firm’s ability to provide newsletter publishing services to the City.

Note: Use of the City seal is prohibited on any documents without City authorization.

Consultants shall not include City seal in their proposals without authorization.

The proposal must not exceed 25 pages (double-sided pages count as two pages). Three (3) copies of the proposal shall be submitted to the City Clerk (Attn: Donna Schwartz, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, CA 91733), no later than 12 p.m. on March 1, 2023.

V. CORRECTIONS
Corrections or revisions to the RFP and other documents prepared by the Contractor 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

1. The Contractor is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.

2. For the duration of the agreement, the selected Contractor shall maintain the same Project Manager, as specified in the Proposal and approved the City. In the event that the authorized Project Manager terminates employment, the Contractor 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.

3. 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 8 (“Insurance”) of the City’s Service Agreement included this RFP as Attachment C for insurance requirements.

VIII. PROPOSAL REVIEW
The contract will be awarded, if at all, to the responsive and responsible bidder that submit the lowest bid that is most advantageous to the City. The City reserves the right to waive minor irregularities and omissions in the information contained in any submission. The City reserves the

Page 132 of 186 ends

01257.0001/852699.1
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 qualifications 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 Contractor selected will be required to sign the City’s 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 Contractor.

For further information, contact Rene Salas, Interim City Manager at 626-579-6540.

IX. CONTRACTOR AGREEMENT
A sample of the City’s 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.

END OF RFP

ATTACHMENTS TO FOLLOW
Attachment AAffidavit of Non-Collusion
Attachment B Claims History
Attachment C Agreement for City Newsletter Publishing Service

Page 133 of 186 ends

01257.0001/852699.1

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 induction from, any firm or person to submit a complementary or other noncompetitive Officer. 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 of 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 above representation 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: ____________________

Page 134 of 186 ends

01257.0001/852699.1

Page 135 of 186 ends

01257.0001/852699.1

ATTACHMENT B

CLAIMS HISTORY
Each consultant shall submit a summary of whether or not any of the following events have occurred within the past five (5) 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 subconsultant. • Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). • The filling of a lawsuit or arbitration in which the Consultant or 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 prosper or a sub-consultant.

Page 136 of 186 ends

01257.0001/852699.1

ATTACHMENT C

AGREEMENT FOR CITY NEWSLETTER PUBLISHING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____day of _____, 20__ 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 purposes of this Agreement, the phrase “highest

Page 137 of 186 ends

01257.0001/852699.1
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.

Page 138 of 186 ends

01257.0001/852699.1
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 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.

Page 139 of 186 ends

01257.0001/852699.1
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 1.9.

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 sub-contractor contracts. Subcontractor 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.

Page 140 of 186 ends

01257.0001/852699.1
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.

Page 141 of 186 ends

01257.0001/852699.1
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:
________________________ _________________________
(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

Page 142 of 186 ends

01257.0001/852699.1
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.

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 venture or a member of any joint enterprise with Consultant.

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 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.

Page 143 of 186 ends

01257.0001/852699.1
(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, non-owned 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”.

Page 144 of 186 ends

01257.0001/852699.1
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 noncompliance 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

Page 145 of 186 ends

01257.0001/852699.1
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. (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.

5.1 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;

Page 146 of 186 ends

01257.0001/852699.1
(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. (d) 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 indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination 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

Page 147 of 186 ends

01257.0001/852699.1
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 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

Page 148 of 186 ends

01257.0001/852699.1
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 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.

Page 149 of 186 ends

01257.0001/852699.1

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.

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.

Page 150 of 186 ends

01257.0001/852699.1
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.

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.

Page 151 of 186 ends

01257.0001/852699.1
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.

8.4 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

Page 152 of 186 ends

01257.0001/852699.1
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 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.

Page 153 of 186 ends

01257.0001/852699.1
[SIGNATURES ON FOLLOWING PAGE]

Page 154 of 186 ends

01257.0001/852699.1
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:

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.

Page 155 of 186 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
01257.0001/852699.1

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On _, 20 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.

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

Page 156 of 186 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
01257.0001/852699.1

STATE OF CALIFORNIA

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.

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

Page 157 of 186 ends

EXHIBIT “A” A-1
01257.0001/852699.1

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

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

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:

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:

Page 158 of 186 ends

EXHIBIT “B” B-1
01257.0001/852699.1

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

Page 159 of 186 ends

EXHIBIT “C” C-1
01257.0001/852699.1

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

RATE TIME SUB-BUDGET
A.

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.

Page 160 of 186 ends

EXHIBIT “C”
01257.0001/852699.1 C-2

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.

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

Page 161 of 186 ends

City Council Agenda Report
Agenda Item No. 9.d.

DATE: February 15, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-18, APPROVING AGREEMENT WITH EL MONTE/SOUTH

EL MONTE CHAMBER OF COMMERCE FOR ECONOMIC

AND BUSINESS DEVELOPMENT
SUMMARY: The El Monte/South El Monte Chamber of Commerce (Chamber) provides services to the business community and to the City of South El Monte. The proposed new contract will continue promoting economic development, performing business outreach, and assisting existing businesses and new businesses to establish themselves in the community. Currently, the City pays $2,500 quarterly to the El Monte/South El Monte Chamber.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-18, approving an agreement with the El Monte/South El Monte Chamber of Commerce; and

2. Authorize City Manager or designee to negotiate and execute agreement.

FISCAL/FINANCIAL IMPACT: The fiscal impacts are $10,000 in fiscal year 2022-23 and $10,000 in fiscal year 2023-24.

DISCUSSION: At the May 24, 2022 City Council meeting, City Council agreed to discuss raising the quarterly amount to $ 5,000 for an annual amount of $20,000 during the fiscal year 22/23 budget discussion. The current quarterly payment is $2,500.

The City of South El Monte has a long partnership with the Chamber. The attached agreement will allow the chamber to continue with economic development outreach, promotion of business and community events, showcase the City at Chamber events, educational programs, and assist with state legislation actions that may impact the city.

ATTACHMENT(S):

A. Resolution No. 23-18
B. Chamber of Commerce Agreement

Page 162 of 186 ends

ATTACHMENT A
RESOLUTION NO. 23-18

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL APPROVING AN AGREEMENT FOR CONTRACT

SERVICES BETWEEN THE CITY OF SOUTH EL MONTE

AND THE EL MONTE/SOUTH EL MONTE CHAMBER OF

COMMERCE
WHEREAS, the Chamber of Commerce (“Chamber”) has provided the City professional business development and sustainability services, assistance with legislative actions, and has represented the City’s business community at various events; and
WHEREAS, the City has benefited from these services that increased business development and job opportunities; and
WHEREAS, the City would like to maintain the services provided for fiscal year 2022-2023.

NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Approves the contract services agreement between the City and the Chamber as may be amended and approved as to form by the City Attorney; and SECTION 2. The City hereby approves the funding in the amount of $20,000 to be paid in four quarterly installments of Five Thousand dollars ($5,000) for fiscal year 2022 -2023.

PASSED, APPROVED, AND ADOPTED this 15th day of February, 2023. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Donna G. Schwartz, City Clerk

Page 163 of 186 ends

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, hereby certify that the foregoing Resolution, being Resolution No. 23-18, was passed and approved by the City Council of the City of South El Monte City at a special meeting of said Council held on the 15th day of February, 2023 and that Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Donna G. Schwartz, City Clerk

Page 164 of 186 ends

01257.0001/792153.1 1

ATTACHMENT B

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND

THE EL MONTE/SOUTH EL MONTE CHAMBER OF COMMERCE
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 15th day of February 2023, by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and the El Monte /South El Monte Chamber of Commerce (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. 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.

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 contract amount of Twenty Thousand Dollars ($20,000.00) (“Contract Sum”).

Page 165 of 186 ends

2 01257.0001/792153.1

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.

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

Page 166 of 186 ends

3 01257.0001/792153.1
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 3 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 (3) three one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Ken Rausch 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. City Manager [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 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.

Page 167 of 186 ends

4 01257.0001/792153.1
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 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”.

Page 168 of 186 ends

5 01257.0001/792153.1

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.
(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.

Page 169 of 186 ends

6 01257.0001/792153.1
(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.
(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.

Page 170 of 186 ends

7 01257.0001/792153.1
(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 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.

Page 171 of 186 ends

8 01257.0001/792153.1
(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 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.

Page 172 of 186 ends

9 01257.0001/792153.1

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.

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.

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

Page 173 of 186 ends

10 01257.0001/792153.1
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 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.

Page 174 of 186 ends

South El Monte City CouncilFebruary 15, 2023

South El Monte City Council
February 15, 2023