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
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
March 14, 2023, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
PUBLIC COMMENT
To participate during public comment via teleconference, see below:
Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or Call In: 1 669 900 6833, when prompted, enter 86581711880#
LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 652-3180 or (626) 652-3121 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) 652-3180 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.
MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.
POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).
Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.
VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.
ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:
Donna G. Schwartz, CMC, City Clerk
Ph (626) 652-3180
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998
AGENDA BEGINS ON THE FOLLOWING PAGE
1. ROLL CALL
Councilmembers: Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
2. PLEDGE OF ALLEGIANCE
Councilmember Manuel Acosta
3. INVOCATION
Pastor Charlie Corum, South El Monte Community Outreach
4. PRESENTATIONS
4.a. Certificates of Recognition Presented to the South El Monte High School Lady Eagles Girls Wrestling Team on Being Chosen the Team of the Month by the California Interscholastic Federation (CIF) and the Army National Guard for Their Academic Excellence and Community Service
4.b. Certificate of Recognition Presented to South El Monte High School Student and Lady Eagles Wrestler Daisy Ayala for Her Performance at This Year’s 2023 California Interscholastic Federation (CIF) State Wrestling Meet
4.c. Proclamation Presented to American Red Cross Proclaiming the Month of March 2023 as American Red Cross Month
4.d. Introduction of Fire Station 90 Crew by Assistant Fire Chief Gerald Gonzales
4.e. Presentation by Alison Linder, PhD, Senior Regional Planner and Clean Cities Coalition Director, Southern California Association of Governments (SCAG) on SCAG EV Study - South El Monte EV Charging Infrastructure Plan
4.f. Update by Tony Chiappetta, CEO, Advance Microcomputing Concepts Inc. (AMC), on the City's Technology Infrastructure
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.
6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
7.a. CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES OF FEBRUARY 22, 2023 AND REGULAR CITY
COUNCIL MEETING MINUTES OF FEBRUARY 28, 2023
Staff is requesting approval of Minutes for the February 22, 2023 Special City Council Meeting and February 28, 2023 Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the February 22, 2023 Special City Council meeting and February 28, 2023 Regular City Council Meeting.
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-22, APPROVING WARRANTS FOR THE PERIOD OF MARCH 1, 2023
THROUGH MARCH 14, 2023
Authorizing payment of City expenditures for the period of March 1, 2023 through March 14, 2023, totaling $1,102,123.12.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-22, authorizing payment of City expenditures.
7.c. CONSIDERATION AND APPROVAL OF RE-ADVERTISING REQUEST
FOR PROPOSAL (RFP) FOR NEWSLETTER PUBLISHING SERVICES
The City received one proposal during the RFP process. Staff recommends the City re-advertise the RFP in order to receive at least two (2) proposals for service and price comparisons.
RECOMMENDED ACTION: Staff recommends City Council reject the one proposal received and authorize re-advertising the RFP for newsletter publishing services.
8. PUBLIC HEARINGS - None
General Business next page.
9. GENERAL BUSINESS
9.a. APPOINTMENT OF COMMISSIONERS TO THE NEWLY
ESTABLISHED ADVANCEMENT OF WOMEN AND GIRLS
COMMISSION AND CONSIDERATION AND APPROVAL OF
RESOLUTION NO. 23-23, FIXING THE AMOUNTS AND CONDITIONS
OF COMPENSATION FOR THE COMMISSION
Appointments to be made to the newly established Advancement of Women and Girls Commission, which is a five-member commission. The current term will run through December 31, 2023 and adoption of resolution setting conditions and compensation for the commission.
RECOMMENDED ACTION: Staff recommends City Council:
1. Consider appointing five individuals seeking appointment to the newly established Advancement of Women and Girls Commission for a tenmonth term commencing March 14, 2023, through December 31, 2023; and
2. Adopt Resolution No. 23-23, fixing the amounts and conditions of compensation for the advancement of women and girls commission.
9.b. APPOINTMENT OF COMMISSIONERS TO THE PATRIOTIC
COMMISSION
Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Patriotic Commission, which is a fivemember commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking re-appointment/appointment to the Patriotic Commission for a ten-month term commencing March 14, 2023, through December 31, 2023.
9.c. APPOINTMENT OF COMMISSIONERS TO THE COMMUNITY
SERVICES COMMISSION
Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Community Services Commission, which is a five-member commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking reappointment/appointment to the Community Services Commission for a ten-month term commencing March 14, 2023, through December 31, 2023.
9.d. – 9.f. next page.
GENERAL BUSINESS (CONTINUED)
9.d. APPOINTMENT OF COMMISSIONERS TO THE PLANNING
COMMISSION
Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Planning Commission, which is a fivemember commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking reappointment/appointment to the Planning Commission for a ten-month term commencing March 14, 2023, through December 31, 2023.
9.e. APPOINTING MEMBERS TO ATTEND THE
NATIONAL ASSOCIATION OF LATINO ELECTED & APPOINTED
OFFICIALS (NALEO) 40TH ANNUAL CONFERENCE, JULY 10-14,
2023, TO BE HELD AT THE NEW YORK MARRIOTT MARQUIS, NEW
YORK CITY
The NALEO Educational Fund provides national leadership on key issues that affect Latino participation in our political process, including immigration and naturalization, voting rights, election reform, the Census and the appointment of qualified Latinos to top executive and judicial positions. Attendance to conferences, seminars, workshops and meetings are fundamentally important to the advancement and education of local elected officials. Attendance to conferences, seminars, workshops and meetings informs cities on changing policies and National City issues.
RECOMMENDED ACTION: City Council to appoint all or any members of the City Council and/or staff to attend the upcoming NALEO Conference, July 11-14, 2023, to be held in New York City.
9.f. CONSIDERATION AND APPROVAL TO SOLICIT REQUEST FOR
PROPOSALS (RFP) FOR AUDITING SERVICES
Staff is seeking City Council approval to solicit RFPs for auditing services.
RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified Certified Public Accounting (CPA) firms for auditing services.
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
11.a. LETTER FROM EPIPHANY CATHOLIC SCHOOL REQUESTING A FEE
WAIVER FOR THE USE OF THE SENIOR CENTER DINING ROOM TO
HOST A SPRING TEA PARTY EVENT
Epiphany Catholic School is requesting a facility reservation fee waiver for the use of the Senior Center dining room on Sunday, March 26, 2023, from 8:00 a.m. to 7:00 p.m. to host a Spring Tea Party event and all the associated fees incurred from the reservation.
RECOMMENDED ACTION: Staff recommends City Council discuss and consider the fee waiver request by Epiphany Catholic School.
12. COUNCILMEMBERS’ AGENDA
12.a. MAYOR PRO TEM RICHARD ANGEL
1. Consideration of Adding the Knights of Columbus Emblem to the Santa Anita Entry Sign.
RECOMMENDATION: Discussion and/or action.
13. CLOSED SESSION - None
14. ADJOURNMENT
Tuesday, March 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 9th day of March 2023.
City Clerk, CMC
City Council Agenda Report
Agenda Item No. 4.a.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Hector Delgado, Councilmember
SUBJECT: Certificates of Recognition Presented to the South El Monte High School Lady Eagles Girls Wrestling Team on Being Chosen the Team of the Month by the California Interscholastic Federation (CIF) and the Army National Guard for Their Academic
Excellence and Community Service
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.b.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Hector Delgado, Councilmember
SUBJECT: Certificate of Recognition Presented to South El Monte High School Student and Lady Eagles Wrestler Daisy Ayala for Her Performance at This Year’s 2023 California Interscholastic Federation (CIF) State Wrestling Meet
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.c.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Proclamation Presented to American Red Cross Proclaiming the Month of March 2023 as American Red Cross Month
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Proclamation
City Council Agenda Report
Agenda Item No. 4.d.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Introduction of Fire Station 90 Crew by Assistant Fire Chief Gerald Gonzales
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.e.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Presentation by Alison Linder, PhD, Senior Regional Planner and Clean Cities Coalition Director, Southern California Association of Governments (SCAG) on SCAG EV Study - South El Monte EV Charging Infrastructure Plan
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Presentation
Electric Vehicle Charging Station Plan
South El Monte
March 14, 2023
Key Objectives and Project Outcomes
SCAG Work – Research, Evaluation and Planning – EVCS Study Outcomes for SCAG
• Suitability analysis GIS
results and layers for PEV
Atlas
• Real time feedback from
cities on their challenges
and successes on EV
adoption throughout
project
• Multiple reports, guides
and memos that can guide
future efforts
Outcomes for Cities
• EV policy guidance and
implementation best
practices guides
• Site evaluations and sample
layouts for top sites
• Understanding of local
challenges and how to
overcome them
Outcomes for Public
• Community events that
engage residents about EVs
• Understanding local
barriers
• EV brochures highlighting
benefits of EV ownership
• Guide for property
managers on benefits of
adding EVCS on-site
Existing Conditions Passenger Electric Vehicles (PEV)
Targets and Status
• CARB Advanced Clean Cars (August 2022)
requires 100% of new passenger car sales to
be zero emission by 2035
• Formalizes Newsom's EO-N-79-20
• Targets 8 Million ZEVs on road by 2030
• 1.2 Million EVCS needed statewide by 2030
• 2022 EV Statistics
• 1.4M ZEV sold in CA
• 18.84% of new vehicle sales
• 71,449 Level 2 charging stations
• 8,528 Level 3 Fast Charging stations
SCAG Work – Research, Evaluation and Planning – EVCS Study Advanced Clean Cars II ZEV Sales Requirements
https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/new-zev-sales
South El Monte Planning Targets – Three Projections
SCAG Work – Research, Evaluation and Planning – EVCS Study • CEC EVCS analysis focuses
primarily on Level 2 charging
• 97% L2, 3% DCFC
• With recent DCFC funding
announcements (NEVI,
CAleVIP 2.0) South El Monte
can consider increasing the
total proportion of DCFC.
Swap 5 L2s for each extra
DCFC
• Scenario 2: 25% DCFC
• Scenario 3: 50% DCFC
2030 Targets By Scenario – South El Monte Gap Analysis
Scenario EV Vehicle
Registration
Target
Total
Charger
Target
Workplace
L2
Public
L2 MUD L2 Total L2 DCFC L2 Gap
DCFC
Gap
2030
Statewide
Baseline
Goals
4,195
610
171
246
173
591
19 581
17 2030
Targets
Mixed
4,195
314
68 98
69 235
79 225
77 2030
Targets
High DCFC
4,195
201
29 42
29 100
101
90 99
Suitability Analysis Tool for South
El Monte – Baseline Scenario
SCAG Work – Research, Evaluation and Planning – EVCS Study • 4 total scenarios to reflect different
stages of EV adoption
• Integrated with SCAG PEV Atlas
• City can use scenarios based on where
they are today and tomorrow
• Allows Cities, Developers, and
Planners to identify priority areas for
EVCS
• Can target outreach to private sector
• Identify locations for private, public, or
curbside charging
South El Monte Scenarios Can Help Target Near, Mid, and Long Term Planning
SCAG Work – Research, Evaluation and Planning – EVCS Study • Legend
• High
scoring
areas in all
scenarios –
high priority
• Low scoring
areas in all
scenarios –
low priority
• Areas that
move
between
high and
low scoring
between
scenarios –
informs
phasing
Site Evaluation Design Guide
SCAG Work – Research, Evaluation and Planning – EVCS Study • Reference 2019 CALGreen code
as starting point to size L2 EVCS
projects
• Exceed minimum in small MUDs
to provide charging to all tenants
• Recommend DCFC for sites with
short dwell time <1hr
• Top 5 sites identified from
suitability analysis and City
feedback
• Developed conceptual
layouts and construction
cost estimates for EVCS
• Blank layout template
available on SCAG website
• Standard design principles
to guide future projects
Sample Site Evaluation
• Suitability Analysis can’t capture all
the relevant characteristics that make
a site viable
• Factor like parking lot size, proximity
to power, ADA all impact the viability
and/or final cost to install EVCS
SCAG Work – Research, Evaluation and Planning – EVCS Study Small Public L2 Install – Civic Center, Library, Community Center • Adequate lighting for EVCS parking, highly visible site within the community • Requires creating new ADA path of travel to building
• Excavation and grading may be necessary for ADA EVCS stall • Average cost per port = $22,635
Policy Analysis – AB1236 and AB970
• AB1236 (2015) required cities to
pass ordinances and develop
checklists to streamline EVCS
permits
• AB 970 (2021) established
timelines for Cities to review and
approve EVCS permits
• 1-25 stations = shorter approval
time
• 25+ stations = longer approval
time
• Permit considered complete and
approved after applicable
timelines
SCAG Work – Research, Evaluation and Planning – EVCS Study Checklist Online
Application
Ordinance
Permit
Submittal
Plan Review
(Health &
Safety)
Approval
To Build
20-40
Days
Resubmittal Deficiency
Notice*
5-10
Days
EVCS Permit Process
and Timeline
Required
per AB
970
City of South El Monte Listening Session and Lessons Learned SCAG Work – Research, Evaluation and Planning – EVCS Study EVCS Permitting
• Compliant with AB 1236
• South El Monte falls into compliance by
the adoption of LA County Electrical Code
• EV permitting is currently outsourced
to a third-party firm.
• Residential permits – within 3 business
days
• Commercial permits – within 10 business
days, depending on complexity &
information requests
• South El Monte will need to work with
3 rd party firm to ensure AB 970
deadlines are met
City Installation
• South El Monte is looking to electrify
their public works vehicles
• South El Monte actively progresses
towards making their city more
sustainable
• Barriers
• Guidance on how to develop projects and
select proper equipment
• Staff Capacities
• Available funding sources
Community Engagement and Lessons Learned
SCAG Work – Research, Evaluation and Planning – EVCS Study Collected nearly 500 Survey Results
General Engagement Takeaways
Common Barriers
• Lack of or not aware of public charging network
• Vehicle range anxiety, coupled with inadequate charging network
• Unaware of benefits of EVs, both financial and
environmental
Encouraging Signs
• Communities eager to learn more
• Understanding that EV ownership will increase, and we need to plan for the future
Survey Results
• EV Cost, Range, and limited charging infrastructure still significant barriers to EV adoption • Increased charging infrastructure in MUDs and highly trafficked public areas may increase consumer confidence in converting to EVs
SCAG Work – Research, Evaluation and Planning – EVCS Study Purchase Costs
32%
Limited Range
26%
Lack of Public
Access to EV
Charging
16%
Cannot Charge at
Home
15%
Preferred Vehicle
Type Not Available
10%
TOP BARRIERS TO EV OWNERSHIP
Public Parking
Lots
23%
Primary
Residence
22%
Commercial
Areas
22%
Public
Recreation
Areas
18%
Transportation
Stations
15%
PREFERRED LOCATION TO ACCESS EV CHARGING
Survey Results
• Cost is still a major barrier to
installing EVCS infrastructure
• EVCS incentives of 25-50% of
total cost may be enough to
spur adoption for commercial
and MUD property owners
• Permitting not the largest
barrier to adoption, but may
have room for improvement
SCAG Work – Research, Evaluation and Planning – EVCS Study Cost of Chargers
& Installation
Other Difficulty in Permit
Process
Lack of
Understanding
and Reliability of
Technology
Replacement
Costs
0 10
20 30
40 50
60 70
80 90
100
Commercial/MUD Barriers to Installing EVCS
Tools generated from the study
• Updated PEV Atlas with
Suitability Results
• Site Plan Template
• Fact Sheets, Brochures, and EV
Guides
• Policy Analysis and Streamlined
Permitting Best Practices
• List of EV-specific funding
resources
• Regional EV Infrastructure Plan
SCAG Work – Research, Evaluation and Planning – EVCS Study
City Best Practices/Next Step Recommendations
• Review current EV infrastructure within City and establish/revise targets for EVCS • Continue pursuing EVCS projects on City-owned properties and look at electrifying city fleet
• Most infrastructure will be owned and operated by the private sector, so City role is to encourage development through policy, funding and coordination • Evaluate and pass reach codes to increase EV infrastructure as part of new construction • Create a dedicated webpage to EVs with resources and connections to funding • Examine internal permit process to minimize processing for larger/complex projects • Outreach to private sites completed in evaluations to spark project development • Suitability Analysis Results can target future outreach efforts • Use conceptual Plan template for preliminary cost estimates SCAG Work – Research, Evaluation and Planning – EVCS Study
QUESTIONS AND COMMENTS
For more information, please visit:
THANK YOU!
https://scag.ca.gov/alternative-fuels-vehicles
Or email: [email protected]
Existing Conditions Passenger Electric Vehicles (PEV)
SCAG Work – Research, Evaluation and Planning – EVCS Study Remaining Challenges
• Existing EVCS infrastructure not
equitably distributed – how should
each City prioritize new infrastructure
• Standardization and interoperability
across a variety of products and
vendors
• Consumer education needed
• Consumer interest in more
makes/models
• Range anxiety
• Availability of critical materials
• Grid capacity concerns and resilience
opportunities
Participating
Cities
Existing EVCS
Infrastructure
Status
Participating
Cities
Existing EVCS
Infrastructure
Status
SGVCOG N/A Glendora Initiating
Artesia Initiating Rosemead Initiating
South El Monte Initiating Diamond Bar Progressing
Walnut Progressing Pico Rivera Initiating
La Verne Initiating Redlands Progressing
San Dimas Progressing Baldwin Park Initiating
Monrovia Initiating Anaheim Expanding
Culver City Expanding Long Beach Expanding
La Puente Initiating Los Angeles Expanding
Covina Progressing
Participating Jurisdictions
SCAG Work – Research, Evaluation and Planning – EVCS Study
Suitability Analysis Approach
SCAG Work – Research, Evaluation and Planning – EVCS Study Stakeholder Feedback SCAG and Member
Jurisdiction feedback
Identify and
collect site
suitability data
Develop
Suitability
Scoring Metrics
Finalize SCAGwide Suitability
Scores and
Weighting
Integrate GIS analysis
into SCAG PEV Atlas
Industry research
and best practices
Input Data into
GIS and Run
Scenario
Analysis
1 2 3 4 5
Rough Order of Magnitude Cost Breakdowns
SCAG Work – Research, Evaluation and Planning – EVCS Study Trenching and civil
improvements
• Length of conduit
and trench runs
($100-$150 per foot)
• ADA improvements
for curb ramps,
striping, etc.
Electrical upgrades
• New electrical
service
• Panels
• Breakers
• Wire and conduit
EVCS hardware
• Level 2 - $5,000 per
7.2kW port
• Level 3 - $62,500
per 180kW port
• Does not include
ongoing networking
or maintenance
Sample Site Evaluations
• MUD Install in South El Monte
• Recommended to install L2 charger to
support tenants and visitors; EVCS for
each tenant parking stall
• Exempt from ADA when EVCS
assigned to tenants
• New service panel for EVCS; feed
point close to proposed service panel
• Average cost per port = $19,168
SCAG Work – Research, Evaluation and Planning – EVCS Study
Sample Site Evaluations
• Hospital Install in South El Monte
• Recommended to install L2 charger to
support staff and patrons
• Large parking lot can support a
bigger EVCS project
• Access aisle and pathway needs to be
constructed for ADA EVCS stall
• New service panel for EVCS; Possibly
feed from transformer at hospital
• Average cost per port = $15,041
SCAG Work – Research, Evaluation and Planning – EVCS Study
Sample Site Evaluations
• Commercial Install in South El Monte
• Recommended to install L2 charger to
support staff and patrons
• May consider DCFC if dwell time is
less than 1 hour
• Requires creating new access aisle ,
may require grading
• Average cost per port = $29,762
SCAG Work – Research, Evaluation and Planning – EVCS Study
Sample Site Evaluations
• Commercial Install in South El Monte
• Recommended to install L2 charger to
support staff and patrons
• Possible excavation and grading
necessary for ADA EVCS stalls and
new access aisle
• New service panel for EVCS; feed
point close to proposed service panel
• Average cost per port = $23,488
SCAG Work – Research, Evaluation and Planning – EVCS Study
Stakeholder and Community Outreach
SCAG Work – Research, Evaluation and Planning – EVCS Study Listening Sessions
• Met with 18 cities to review
current EVCS permit process
and understand how it can be
streamlined
• Met with project developers,
and property managers to
understand their barriers to
expanding EV infrastructure
Community Engagement
• Attended 15 community events
to engage the public on EV
adoption
• Developed outreach collateral to
educate the public on EVs
• Surveys helped to indicate
barriers to adoption and
charging infrastructure
15 Community Events
SCAG Work – Research, Evaluation and Planning – EVCS Study Community Event Date City Community Event Date City
Dia De Los Muertos
Downtown Festival
Saturday,
November 6, 2021 La Puente Anaheim Friday Night Street Market Friday,
March 25, 2022 Anaheim
Move Culver City* Saturday,
November 20, 2021 Culver City Saturday Morning Certified Farmers Market Saturday,
March 26, 2022 Redlands
Holiday Tree Lighting
& Snowflake
Firework Show
Saturday,
December 4, 2021 Pico Rivera
Public Safety Expo and
Youth Spring
“Eggstravaganza”
Saturday, April 16,
2022 Artesia
CicLAvia*
Sunday, December 5,
2021/ Sunday, July 10th,
2022
Los Angeles Earth Day Festival Saturday, April 16,
2022 Glendora
SCAG GA Event Thursday,
May 5, 2022 Multiple Cities
Culver City Arts-district
Night Market-at Ivy
Station
Friday, July 8th,
2022
Culver City
Monrovia Street Fair Friday, August 5,
2022 Monrovia Clean: Air, Ride, Money Saturday, September 24, 2022 Diamond
Bar
So. Cal Auto Club Clean
Vehicle Car Show
Friday,
September 9, 2022 Los Angeles Riverside EV Deep Dive Saturday, October 1, 2022 Riverside Artesia “Eggstravaganza”
Pico Rivera Holiday Tree Lighting
Who Took the Survey
SCAG Work – Research, Evaluation and Planning – EVCS Study Property Ownership Status
Count
Homeowners Renters Business/MUD Owner
0 50
100
150
200
250
300
Survey Respondent Property Ownership Status
• Mix of homeowners, property owners (with
tenants) and renters responded to the poll
• Wide geographic range of survey respondents
on where they live, work, and visit
• Helps to understand where they may need EVCS
Funding Resources
SCAG Work – Research, Evaluation and Planning – EVCS Study Federal State Local Utility
Infrastructure Bill funding –
multiple provisions for EV
projects
CARB – CVRP, HVIP, rebates
and vouchers for EVs
SCAQMD – Carl Moyer Funds
may be available for vehicle
replacement and charging
infrastructure
SCE Charge Ready – reduce cost
of electrical infrastructure and
provide EVCS rebates EVCS
Inflation Reduction Act – tax
credits for EVCS, may get
issued as a direct payment to
Cities
CARB – LCFS credits for
electricity dispensed to EVs
MSRC – Grants may be
available for EVs and charging
infrastructure
Muni programs – LADWP and
APU each have local rebate
programs for EVCS and
infrastructure
DOE – Energy Efficiency and
Conservation Block Grant
program includes EV
infrastructure
CALeVIP – rebates for
charging stations (will focus
on DCFC in 2023)
CMAQ - formula funds to
improve air quality may be
used for EVCS projects
TOU rates to reduce cost of
charging during off-peak times
NEVI – Preliminary CEC Guidance
SCAG Work – Research, Evaluation and Planning – EVCS Study • CA to receive $384M from IIJA Act passed in 2021 for DCFCs along Alternative Fuel Corridors (AFCs) – CEC to issue as competitive grants • Minimum four 150kW ports, within 1 mile of AFC, no more than 50 miles apart. Infrastructure to be future proofed for five 350kW ports • Private sector MUST be the applicant, public agencies CANNOT apply, but may be a project partner
• May require up to 50% match share (as opposed to 20% for typical federal funds) depending on area
• 50% of funding used for DACs, 40% used for Justice 40 communities
City Council Agenda Report
Agenda Item No. 4.f.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Interim Finance Director
SUBJECT: Update by Tony Chiappetta, CEO, Advance Microcomputing Concepts Inc. (AMC), on the City's Technology Infrastructure SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Presentation
AGENDA
• WHERE WE HAVE BEEN AND WHY
• WHERE WE ARE
• WHERE WE ARE GOING
IT IN THE GLORY YEARS
• WE MADE LIFE EASIER THAN USING PENCIL AND PAPER
• WE BECAME INVALUABLE TO THE ORGANIZATION
• PEOPLE LOVED IT
Windows Active
Directory and File
Server
Internet
Firewall
Windows PCs Email Server
What about Identity
Management??
Email Security
Spam Filter
Wireless
Mobile
Devices
Mobile
Devices
Backup Server
Drive
Encryption
Mobile Device
Management
THE CHALLENGE OF TOOL SPRAWL
• COMPLEXITY
• TIME CONSUMING TO MANAGE
• LITTLE SYNERGY BETWEEN SYSTEMS
• ALTHOUGH MANY CAN WORK TOGETHER, THEY ARE NOT FULLY INTEGRATED AND SOMETIMES OVERLAP • POTENTIAL FOR CONFLICT
• FINGER POINTING PUTS YOU IN THE MIDDLE OF ENDLESS LOOP • DIFFICULT TO TRAIN AND ONBOARD STAFF MEMBERS TO FULLY UTILIZE ON SO MANY SYSTEMS • COST
• INDIVIDUAL VENDORS EACH COST MORE
• HUMAN CAPITAL COSTS FOR ONBOARDING AND LEVERAGING DISPARATE SYSTEMS • CULTURE
• MANAGING THE IT ENVIRONMENT OF TOO MANY TOOLS LEADS TO BURN OUT FOR IT • LEAVING STAFF WITHOUT THE ABILITY TO BE TRAINED ON TOOLS LEADS TO LESS USE, MORE WORK, MORE CONFUSION
AND A POOR ENVIRONMENT
GETTING BACK TO INNOVATING
THE THREE OUTCOMES OF INNOVATION
• BUSINESS FUNCTIONAL IMPROVEMENT
• PRACTICE/PROCESS AUTOMATION
• EMPLOYEE EXPERIENCE IMPROVEMENT
• DECISION MAKING IMPROVEMENT
HOW DO WE GET BACK?
THREE RULES
• HAVE LESS STUFF AND DO MORE WITH IT
• CONSOLIDATE TO AS FEW VENDORS AS POSSIBLE
• USE SERVICES INSTEAD OF SERVERS
• TRAIN OUR STAFF TO ACTUALLY USE IT
Windows Active
Directory and File
Server
Internet
Firewall
Windows PCs Email Server
What about Identity
Management??
Email Security
Spam Filter
Wireless
Mobile
Devices
Mobile
Devices
Backup Server
Drive
Encryption
Mobile Device
Management
Windows PCs
Now we have way less
stuff!!
Mobile
Devices
Mobile
Devices
FEWER TOOLS, BETTER EXPERIENCES!
• I DIDN’T KNOW I COULD DO THAT!
• OH WOW, THAT’S GOING TO SAVE ME SO MUCH TIME!!
• THANK YOU IT!!
DIAGRAM OF
OLD CITY IT
IN THE
BASEMENT
WHERE WE
ARE GOING
WHAT’S BEEN DONE
• MOVED ALL FILES TO THE CLOUD
• MOVED ALL APPLICATIONS TO THE CLOUD
• MOVED ALL SECURITY SERVICES TO THE CLOUD
• REMOVED WINDSTREAM
• REPLACED ALL NETWORK AND WIRELESS INFRASTRUCTURE THEY
INCLUDED
• MOVED FROM THE OLD PHONE SYSTEM TO TEAMS
• SAVED OVER $4000 PER MONTH WHILE IMPROVING THE CITY
WHAT’S BEEN DONE
• STARTED STAFF TRAINING (LIVE TRAINING EVERY TUESDAY)
• ROLLED OUT VIDEO TRAINING PROGRAM
• STARTED PHISH TESTING STAFF TO SEE WHO CLICKS
• FEEDBACK FROM STAFF:
• WOULD LIKE MORE ONSITE IT TIME: ONE FULL DAY PER
WEEK
WHAT’S LEFT TO DO
Configure Additional
Sophisticated Cloud
Securities
Move Print Server to the
Cloud
Remove all servers from
the server room
(hopefully forever!)
Multi-Factor
Authentication (MFA) –
We need your help!!
Create City IT Policies
(auditor requirement)
WHERE WE GO FROM HERE
Continue staff training
and development –
Forever
Automate Processes
(with robots that are
part of Microsoft 365)
Create Intelligent
Dashboards
Microsoft and OpenAI
Artificial Intelligence and
ChatGPT
INNOVATE
ALLOW CITY STAFF TO HAVE MORE
IMPACT ON CITY RESIDENTS AND
BUSINESSES, WITH LESS FOCUS ON
MUNDANE PAPERWORK AND TASKS
City Council Agenda Report
Agenda Item No. 7.a.
DATE: March 14, 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 SPECIAL CITY COUNCIL MEETING MINUTES OF FEBRUARY 22, 2023 AND
REGULAR CITY COUNCIL MEETING MINUTES OF
FEBRUARY 28, 2023
SUMMARY: Staff is requesting approval of Minutes for the February 22, 2023 Special City Council Meeting and February 28, 2023 Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the February 22, 2023 Special City Council meeting and February 28, 2023 Regular City Council Meeting.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. February 22, 2023 Special City Council Meeting Minutes B. February 28, 2023 Regular City Council Meeting Minutes
ATTACHMENT A
CITY OF SOUTH EL MONTE
SPECIAL CITY COUNCIL MEETING MINUTES
WEDNESDAY, FEBRUARY 22, 2023 - 6:00 PM
1. ROLL CALL
Mayor Olmos called the meeting to order at 6:01 PM
PRESENT: Councilmember(s): Acosta (entered Via Zoom at 6:05 p.m.) Bojorquez, Delgado (via zoom), Mayor Pro Tem Angel, and Mayor Olmos ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney (via zoom); Donna G. Schwartz, City Clerk; Andres Gonzalez, Senior Services Supervisor; and Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PRESENTATIONS
2.a. James Powell, Alta Planning + Design, Inc. presented a PowerPoint on the Rosemead Boulevard Corridor Study.
3. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez 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
4. PUBLIC COMMENT
Mayor Olmos opened public comment, there being none, closed public comment.
5. PUBLIC HEARINGS
5.a. PUBLIC HEARING FOR METRO FISCAL YEAR 2023 FEDERAL
TRANSIT ADMINISTRATION SECTION 5310 PROGRAM FOR
ELIGIBLE PROJECTS AND AUTHORIZATION FOR THE FILING OF A FEDERAL TRANSIT ADMINISTRATION (FTA) SECTION 5310 GRANT
APPLICATION FOR THE PURCHASE OF TWO ELECTRIC TRANSIT
VANS
Mayor Olmos announced the item and City Manager Rene Salas presented the staff report.
Senior Services Supervisor Andres Gonzalez provided additional information about the item.
Mayor Olmos opened the public hearing.
Mayor Olmos opened public comment, there being none, closed public comment.
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez to file a Federal Transit Administration Section 5310 grant application with Metro in the amount of up to $600,000 for two replacement electric transit vans and administrative costs for the City’s Dial-A-Ride program; and authorize City Manager or designee to execute the application. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Angel, Bojorquez, Delgado, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None
6. ADJOURNMENT
At 6:30 p.m. Mayor Olmos adjourned the meeting.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
ATTACHMENT B
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, FEBRUARY 28, 2023 - 6:00 PM
1. ROLL CALL
Mayor Olmos called the meeting to order at 6:00 PM
PRESENT: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Masami Higa, Interim Finance Director, Jayson Perez, Recreation Coordinator; and Robert Molina, Recreational Leader.
STAFF ABSENT: Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Mayor Pro Tem Richard Angel led the Pledge of Allegiance.
3. INVOCATION – Pastor Benjamin Garrett, Faith Dominion Church, offered the Invocation.
4. PRESENTATIONS
4.a. David Diaz, Active San Gabriel Valley, and Carlos Velasquez, KOA Corporation, provided a PowerPoint on the South El Monte Rush Street Sustainable Transportation Equity Project.
4.b. Jayson Perez, Recreation Coordinator, Community Services Department, City of South El Monte presented a PowerPoint on the possibility of having a laser show for the 4th of July celebration.
Staff was directed to conduct a community survey to gather input on the interest of having a laser show or traditional fireworks for the 4th of July celebration.
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 January.
Councilmember Delgado directed staff to bring back a report at the next City Council meeting on funding options for a dedicated special assignment Sergeant.
Councilmember Bojorquez directed staff to prepare a report on the allocation of funds received from Measure ES.
4.d. City Council received a report from the Code Enforcement and Public Safety Supervisor Joe Martinez on code enforcement and public safety activities for the month of January.
Councilmember Delgado directed staff to prepare a report detailing where commercial vehicles parked for over 30 minutes are being cited.
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 with noted correction. 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. Larry Rodriguez and Jaqueline Rubio, Valle Lindo School District Board Members, invited City Council to sign up for Read Across America and thanked the City for working closely with the school district to help the community.
2. Edward Salcedo, South El Monte resident, requested the City’s assistance with his brother’s inability to evict the renters in his home due to COVID-19 renter protections.
3. Karla Del Rey, South El Monte resident, voiced concern with the Code Enforcement budget, with citations given to people living in poverty, the lack of trash cans in the city, and with funding another deputy.
There being no further comment, Mayor Olmos closed public comment.
7. CONSENT CALENDAR
A motion was made by Councilmember Acosta, seconded by Councilmember Delgado 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
NAYS: Councilmember(s): None
7.a. Approved the Minutes of the Special City Council Meeting of February 15, 2023.
7.b. Adopted Resolution No. 23-17, authorizing payment of City expenditures for the period of February 16, 2023, through February 28, 2023, totaling $462,314.51.
8. PUBLIC HEARINGS – None.
9. GENERAL BUSINESS
9.a. DISSCUSSION AND APPROVAL OF THE 2023 SUMMER CONCERT
SERIES BAND PERFORMANCES
Mayor Olmos introduced the item and Recreation Coordinator Jayson Perez presented the staff report.
Discussion ensued with City Council on the band selection for the 2023 summer concerts and the 4th of July celebration.
Staff was directed to proceed with the following band selections: Cold Duck, Soto, Ace Band, Chico, Suave, Flashbacks, Shades of LA, and have Soto also perform and the 4th of July celebration.
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez 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.b. next page
9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-18,
APPROVING THE APPOINTMENT OF MASAMI HIGA AS DIRECTOR
OF FINANCE AND APPROVAL OF DIRECTOR OF FINANCE
EMPLOYMENT AGREEMENT
Mayor Olmos announced the item.
City Attorney Anthony R. Taylor announced the term and compensation of the Director of Finance employment agreement.
City Manager Rene Salas provided the staff report.
A motion was made by Councilmember Delgado, seconded by Councilmember Acosta to adopt Resolution No. 23-18, approving the employment agreement between the City and Masami Higa for the position of Director of Finance 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
9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-19,
APPROVING AGREEMENT WITH EL MONTE/SOUTH EL MONTE
CHAMBER OF COMMERCE FOR ECONOMIC AND BUSINESS
DEVELOPMENT
Mayor Olmos announced the item and City Manager Rene Salas presented the staff report.
Ken Rausch and Chris Knight, El Monte/South El Monte Chamber of Commerce, presented additional information to Council on their business membership fees and involvement with the business community.
Mayor Pro Tem Angel voiced concern with not knowing how the Chamber utilizes the City funds to benefit the City and requested a quarterly report be provided detailing the Chamber’s accomplishments.
A motion was made by Mayor Olmos, seconded by Councilmember Delgado to Adopt Resolution No. 23-19, approving an agreement with the El Monte/South El Monte Chamber of Commerce; and authorize City Manager or designee to negotiate and execute agreement. Motion passed 4-0-1, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, and Mayor Olmos NAYS: Councilmember(s): None
ABSTAIN: Councilmember(s): Mayor Pro Tem Angel
9.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-20,
APPROVING SECOND AMENDMENT TO AGREEMENT WITH
ADVANCE MICROCOMPUTING CONCEPTS INC. (AMC) FOR CLOUD
BACKUP SERVICES
Mayor Olmos announced the item.
Finance Director Masami Higa provided additional information on the costs for the agreements in items 9.d. and 9.e. and announced that Tony Chiappetta with AMC was in attendance for any questions.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Angel to adopt Resolution No. 23-20, approving second amendment to agreement for contract services with AMC for Cloud Backup Services for three additional years through March 28, 2026; and authorize Mayor to execute 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
9.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-21,
APPROVING SECOND AMENDMENT TO AGREEMENT WITH
ADVANCE MICROCOMPUTING CONCEPTS INC. (AMC) FOR IT
SERVICES
Mayor Olmos announced the item.
A motion was made by Councilmember Delgado, seconded by Councilmember Acosta to adopt Resolution No. 23-21, approving second amendment to agreement for contract services with AMC for IT Services for three additional years through February 28, 2026; and authorize Mayor to execute 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 Senator Susan Rubio’s Swearing in Ceremony and invited the public to the City’s first bike ride on Saturday, March 4, 2023.
Councilmember Bojorquez, nothing to report.
Councilmember Delgado, nothing to report.
Mayor Pro Tem Angel announced his attendance at the Youth Basketball Games at the Community Center and the Basketball Banquet.
Mayor Olmos announced her attendance at the Youth Basketball Games at the Community Center, Senator Susan Rubio’s Swearing in Ceremony, the City’s Advancement of Women and Girls “Self-Love” event, City of Montebello’s Top Golf Groundbreaking, and announced SEAACA still has pet adoption opportunities.
11. CORRESPONDENCE – None.
12. COUNCILMEMBERS’ AGENDA
12.a. MAYOR GLORIA OLMOS
1. Discussion on installing an Emergency Blue Light Call Box in City Hall and City parks parking lots.
12.a.1. was discussed after 12.b.1 and 12.b.2.
Mayor Olmos stated she would like to install blue light call boxes at City Hall’s parking lot, parks, and dimly lit streets for assistance during emergency situations. However, upon her research she determined they are too costly to install and maintain. She provided alternatives to the public such as free applications that can be downloaded “Panic” and “Hoot” which assist in sending emergency calls.
12.b. COUNCILMEMBER RUDY BOJORQUEZ
1. Discussion on creating a South El Monte night market at the Kruse property next to City Hall.
12.b.1. was discussed before 12.a.1.
Councilmember Bojorquez suggested opening a night market outside the Kruse property to bring in revenue, giving the residents somewhere to gather, and giving street vendors an opportunity to sell.
Councilmember Delgado and Mayor Pro Tem Angel spoke in support of the idea and Mayor Pro Tem Angel suggested opening a night market on a trial basis.
Mayor Olmos stated she and staff are currently working on having the farmers market open during the summer concerts.
City Manager Rene Salas stated staff can look into the possibility of holding a monthly night market, after the summer concerts with the farmers market, and bring back a report.
2. Discussion on creating a Social Media Sponsored Advertisement Budget for Facebook and Instagram posts.
12.b.2. was discussed before 12.a.1.
Councilmember Bojorquez recommended creating a small budget to run advertisements for City events on the City’s social media and have them reach a larger audience.
City Council discussed the use of advertisements for promoting city events.
Councilmember Delgado spoke in agreement of creating an advertisement budget for next fiscal year. No direction was given.
13. CLOSED SESSION
At 8:48 p.m. City Attorney Anthony R. Taylor recessed Council into closed session.
13.a. CONFERENCE WITH LAW ENFORCEMENT
Pursuant to Government Code Section 54957 – Public Security At 10:13 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.
City Attorney Anthony R. Taylor announced City Council discussed items 13.a.
No action taken, nothing to report.
14. RECESS COUNCIL MEETING
Mayor Olmos recessed the meeting at 10:13 p.m.
Mayor Olmos adjourned the Successor Agency meeting at 10:16 p.m.
Mayor Olmos Reconvened the City Council meeting at 10:16 p.m.
15. ADJOURNMENT
At 10:16 p.m. Mayor Olmos adjourned the meeting in memory of Alexis Valencia Soto, long time South El Monte resident, to a Regular Meeting on Tuesday, March 14, 2023, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.
DATE: March 14, 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.
23-22, APPROVING WARRANTS FOR THE PERIOD OF
MARCH 1, 2023 THROUGH MARCH 14, 2023
SUMMARY: Authorizing payment of City expenditures for the period of March 1, 2023 through March 14, 2023, totaling $1,102,123.12.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-22, authorizing payment of City expenditures.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 23-22
B. Warrant Register
ATTACHMENT A
RESOLUTION NO. 23-22
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MARCH 1, 2023, THROUGH MARCH 14, 2023,
TOTALING $1,102,123.12.
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.
CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 22/23 Electronic Warrants 3/1/23-3/14/23 DFT0000495-508 $148,340.96 FY 22/23 Regular Warrants 3/1/23-3/14/23 11835-11946 $823,670.52 Payroll Check PPE 03/04/23 1333-1340 $6,734.28
Payroll Direct Deposit PPE 03/04/23 3434-3522 $123,377.36 TOTAL EXPENDITURES RESOLUTION NO. 23-22 $1,102,123.12
PASSED, APPROVED, AND ADOPTED this 14th day of March 2023. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-22, 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 14th day of March 2023, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk
Vendor Name
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC ELECTRIC SUPPLY, INC.
DDC PLUMBING SUPPLY, INC.
DDC PLUMBING SUPPLY, INC.
JEFFREY MICHAEL ORTIZ
KENNETH EUEKHEANG TANG
LARRY RODRIGUEZ
LEONEL A. BARRERA JR
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATER
SO CAL GAS
SO CAL GAS
SO CAL GAS
SO CAL GAS
SO CAL GAS
SO CAL GAS
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
Warrant Register
ATTACHMENT B
Council Meeting 03/14/23
Amount
45.0900.9000.5977 11843 02/22/2023 HOT PATCH SUPPLIES/ STREETS
01.0170.1760.5540 11843 02/22/2023 SANDBAGS/ FIRE STATION
01.0170.1760.5540 11843 02/22/2023 SANDBAGS/ FIRE STATION
45.0900.9000.5977 11843 02/22/2023 ASPHALT- POT HOLES/ CITY WIDE 753.65
75.58 158.01
158.01
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1500 CENTRAL AVE 640.15
02.0170.1760.5962 11843 02/22/2023 MASONRY DRILL BIT 59.70
01.0170.1750.5962 11843 02/22/2023 MAKITA MAX ROTARY HAMMER KIT 1,070.91
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1556 CENTRAL AVE 2,471.55
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1900 CENTRAL AVE 757.16
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1824 CENTRAL AVE 423.34
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1530 CENTRAL AVE 2,135.42
01.0170.1730.5720 11841 02/22/2023 1/11-2/13 2464 ROSEMEAD 176.61
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1707 N MERCED 27.36
01.0170.1730.5705 11842 02/22/2023 1/18-2/15 1450 LIDCOMBE AVE 165.23
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 10452 E RUSH 68.40
01.0170.1730.5720 11841 02/22/2023 1/11-2/13 2620 ROSEMEAD 220.86
01.0170.1730.5720 11841 02/22/2023 1/10-2/9 2218 ROSEMEAD 136.78
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1819 N CENTRAL 249.88
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 N LERMA/ MILLET 254.30
01.0170.1730.5720 11841 02/22/2023 1/10-2/9 2004 IRRIG ROSEMEAD 27.36
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1652 IRRIG TYLER 136.78
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1900 N CENTRAL 156.91
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1824 N CENTRAL 387.07
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 2022 N CENTRAL 68.40
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 MERCED N/W SANTA ANITA 41.04
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1819 N MERCED 68.40
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1500 N CENTRAL 2,179.40
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 2000 IRRIG SANTA ANITA 68.40
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 N/E MERCED SANTA ANITA 141.20
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1556 N CENTRAL 338.39
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1530 N CENTRAL 272.00
01.0170.1730.5720 11841 02/22/2023 1/9-2/7 1415 N SANTA ANITA 285.26
01.0140.1410.5204 11838 02/22/2023 DEC'22 PC MEETING 150.00
01.0140.1410.5204 11839 02/22/2023 DEC'22 PC MEETING 150.00
01.0140.1410.5204 11840 02/22/2023 DEC'22 PC MEETING 150.00
01.0160.1650.5520 11836 02/22/2023 1 1/2" GALVANIZED TEE/ NTP 9.28
01.0160.1620.5520 11836 02/22/2023 VACCUM BREAKER/ SCTR 140.46
01.0140.1410.5204 11837 02/22/2023 DEC'22 PC MEETING 150.00
01.0160.1670.5520 11835 02/22/2023 LED WALL PACK/ MVD 231.50
01.0170.1710.5520 11835 02/22/2023 LED WALL PACK/ CHALL 231.50
01.0160.1650.5520 11835 02/22/2023 TD FUSE EDISON/ NTP 110.19
01.0170.1710.5520 11835 02/22/2023 ELECTRICAL SUPPLIES/ CHALL 509.75
01.0170.1710.5520 11835 02/22/2023 ELECTRICAL SUPP/ CHRISTMAS TREE 56.61
01.0160.1610.5520 11835 02/22/2023 6 LIGHT REPAIR/ CCTR 94.53 Account Number Payment Number Payment Date Description (Item)
01.0160.1610.5520 11835 02/22/2023 RETROFIT LIGHTS & MOUNT/ BOXING GYM 667.35 South El Monte, CA
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
VINCENT DIAZ
NATIONWIDE RETIREMENT SOLUTIONS
STATE OF CA FRANCHISE TAX BOARD
STATE OF CA FRANCHISE TAX BOARD
VONS CREDIT UNION
VONS CREDIT UNION
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
ALTA PLANNING + DESIGN, INC.
AMELIA RAMIREZ
WILKIES FLORIST
A.C LOCK & KEY
ACTION SALES
ACTION SALES
ACTION SALES
ACTION SALES
ACTION SALES
ADVANCED MICROCOMPUTING CONCEPTS,INC
ADVANCED MICROCOMPUTING CONCEPTS,INC
ADVANCED MICROCOMPUTING CONCEPTS,INC
ADVANCED MICROCOMPUTING CONCEPTS,INC
ADVANCED MICROCOMPUTING CONCEPTS,INC
ALEJANDRO MONTES
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
ALESHIRE & WYNDER, LLP
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
BBALL BANQUET SUPPLIES
01.0130.1310.5406 11862 03/08/2023 LOGITECH KEYBOARD RETURN CREDIT
01.0100.1020.5405 11862 03/08/2023 ERGONOMIC CHAIR
01.0170.1020.5406 11862 03/08/2023 LOCK SET CREDIT RETUN (12.12)
01.0150.1540.5431 11862 03/08/2023 AFTER SCHOOL PROGRAM SUPPLIES 22.47
01.0100.1050.5406 11862 03/08/2023 OFFICE SUPPLIES 40.76 281.69
01.0130.1310.5406 11862 03/08/2023 PRO-SCREEN/ MONITOR SCREEN CREDIT (76.61)
01.0170.1750.5962 11862 03/08/2023 FLEXIVLE RULER/ LANDSCAPE 14.32
01.0151.1541.5430 11862 03/08/2023 186.40
(25.35)
06.0300.3010.5430 11862 03/08/2023 MONEY BOX/ SENIOR CONGREGATE MEAL PRGM 26.43
01.0100.1030.5215 11861 03/08/2023 JAN'23 CASE MANAGEMENT 95.20
01.0100.1030.5215 11861 03/08/2023 11/18-12/30/22 PERSONNEL 11,219.60
01.0130.1310.5406 11862 03/08/2023 RECORD RETENTION BOXES 71.65
01.0100.1030.5215 11861 03/08/2023 JAN'23 FINANCE 817.20
01.0100.1030.5215 11861 03/08/2023 JAN'23 CODE ENFORCEMENT 4,176.80
01.0100.1030.5215 11861 03/08/2023 JAN'23 HOUSING 95.20
01.0100.1030.5215 11861 03/08/2023 JAN'23 PLANNING 3,654.70
01.0100.1030.5215 11861 03/08/2023 JAN'23 PUBLIC WORKS-ENGINEERING 2,065.70
01.0100.1030.5215 11861 03/08/2023 JAN'23 SPECIAL PROJECTS 1,362.00
01.0100.1030.5215 11861 03/08/2023 JAN'23 LITIGATION 3,442.34
01.0130.1330.5215 11859 03/08/2023 NOV'22 MANAGED SVCS 11,958.30
01.0000.0000.4554 11860 03/08/2023 2/18 DAMAGE DEPOSIT REFUND/ MVD 50.00
01.0100.1030.5215 11861 03/08/2023 JAN'23 GENERAL 16,973.50
01.0130.1330.5215 11859 03/08/2023 22-23 AZURE ANNUAL SUBSCRIPTION 1,592.04
01.0130.1330.5215 11859 03/08/2023 NOV'22 CLOUD SVCS 750.00
01.0130.1330.5215 11859 03/08/2023 NOV'22 OFFICE SVCS 3,750.00
06.0300.3010.6015 11858 03/08/2023 HOLDING CABINET/ NUTR PRGM 3,258.00
06.0300.3010.6015 11858 03/08/2023 SALES TAX 309.52
01.0130.1330.5215 11859 03/08/2023 DOWN PYMT/ SECURITY AUDIT ACTION PLAN 31,375.00
06.0300.3010.6015 11858 03/08/2023 TRUE T-49 REFRIGERATOR/ NUTR PRGM 4,148.00
06.0300.3010.6015 11858 03/08/2023 DUKE-E-305 STEAMTABLE/ NUTR PRGM 1,600.00
06.0300.3010.6015 11858 03/08/2023 DELIVERY & TAX 677.37
01.0150.1505.5406 11855 03/08/2023 COOKIES/ WOMENS COMMISSION SELF LOVE EVENT #623 489.00
01.0150.1505.5406 11856 03/08/2023 FLOWERS/ WOMENS DAY EVENT #623 700.00
01.0170.1770.5525 11857 03/08/2023 NEW KEYS & PROGRAM #007 220.00
37.0900.9010.5215 11854 03/08/2023 JAN'23 TASK 2.5/3.1-.35 #237 3,006.17
68.0900.9010.5215 11854 03/08/2023 JAN'23 TASK 2.5/3.1-.35 #237 10% RETENTION (2,320.28)
68.0900.9010.5215 11854 03/08/2023 JAN'23 TASK 2.5/3.1-.35 #237 23,202.83
68.0900.9010.5215 11854 03/08/2023 DEC'22 TASK 2.4/3.1 #237 10% RETENTION (2,359.48)
68.0900.9010.5215 11854 03/08/2023 DEC'22 TASK 2.4/3.1 #237 23,594.79
37.0900.9010.5215 11854 03/08/2023 JAN'23 TASK 2.5/3.1-.35 #237 10% RETENTION (300.62)
68.0900.9010.5215 11854 03/08/2023 NOV'22 TASK 3.1-3.2 2,622.53
37.0900.9010.5215 11854 03/08/2023 DEC'22 TASK 2.4/3.1 #237 3,056.96
37.0900.9010.5215 11854 03/08/2023 DEC'22 TASK 2.4/3.1 #237 10% RETENTION (305.70)
37.0900.9010.5215 11854 03/08/2023 NOV'22 TASK 3.1-3.2 10% RETENTION (33.98)
37.0900.9010.5215 11854 03/08/2023 NOV'22 TASK 3.1-3.2 339.77
68.0900.9010.5215 11854 03/08/2023 NOV'22 TASK 3.1-3.2 10% RETENTION (262.25)
01.0000.0000.2270 11852 02/23/2023 R. RODRIGUEZ FTB GARNISHMENT 02/18/23 202.26
01.0000.0000.2240 11853 02/23/2023 PPE 02/04/23 42.00
01.0000.0000.2240 11853 02/23/2023 PPE 02/18/23 42.00
01.0140.1410.5204 11844 02/22/2023 DEC'22 PC MEETING 150.00
01.0000.0000.2230 11850 02/23/2023 PPE 02/18/23 4,715.00
01.0000.0000.2270 11851 02/23/2023 A. REYES GRANISHMENT 02/18/23 8.15
01.0160.1610.5520 11843 02/22/2023 CONCRETE HOLE REPAIR SUPP/ SKATE PARK 142.83
01.0160.1620.5520 11843 02/22/2023 SCREWS & ANCHORS/ SCTR BENCHES 84.89
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INC
ANDREW WING
ANDREW WING
ANDREW WING
AQUA PURE DRINKING WATER
AT&T
ATHENS SERVICES
AUTOZONE
BASE HILL, INC.
BENJAMIN G. VAROS
BLANCA M. FIGUEROA
BRIANNA BADAR
BRIANNA BADAR
BROTHERS AWARDS & TROPHIES
BSN SPORTS LLC
BSN SPORTS LLC
BSN SPORTS LLC
CALIFORNIA COMMUNICATION
CALIFORNIA DESIGNS
CITY OF EL MONTE-FINANCE DEPT.
COAST FITNESS
CONCENTRA
DDC ELECTRIC SUPPLY, INC.
DRIFTWOOD DAIRY, INC
DRIFTWOOD DAIRY, INC
ECOLAB PEST ELIM. DIVISION
ECOLAB PEST ELIM. DIVISION
ECOLAB PEST ELIM. DIVISION
ECOLAB PEST ELIM. DIVISION
ECS IMAGING INC
EL MONTE PRINTING
EL MONTE PRINTING
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
EWING IRRIGATION
FORD OF MONTEBELLO
GARVEY EQUIPMENT COMPANY
GARVEY EQUIPMENT COMPANY
GARVEY EQUIPMENT COMPANY
GM BROTHERS
GOT PROPANE INC
GRANT'S TRUE VALUE HARDWARE
GRANT'S TRUE VALUE HARDWARE
GRANT'S TRUE VALUE HARDWARE
GRANT'S TRUE VALUE HARDWARE
GRANT'S TRUE VALUE HARDWARE
01.0170.1710.5520 11884 03/08/2023 GRAVEL/ EXTERIOR POTS- CHALL
01.0170.1750.5520 11886 03/08/2023 REPLACED RIGHT REAR RATCHET HOLDER #3849
01.0160.1650.5520 11889 03/08/2023 RESTROOM DIVIDERS/ NTP 18.98
02.0170.1760.5540 11889 03/08/2023 BOLTS- PATCH CHAINLINK/ COGSWELL OVERPASS 42.23
01.0160.1620.5520 11889 03/08/2023 KEYS/ SCTR CRAFT ROOM 22.00
01.0170.1710.5520 11889 03/08/2023 KEY/ CHALL 14.58
01.0160.1650.5520 11889 03/08/2023 NUTS & BOLTS/ NTP RESTROOM 25.37
01.0170.1750.5505 11886 03/08/2023 CAR PARTS REPLACEMENT #3683 100.89
01.0170.1770.5525 11887 03/08/2023 REPAIR RIGHT REAR TIRE #8 700.00
01.0170.1770.5525 11888 03/08/2023 PROPANE/ FORK LIFT 25.49
01.0170.1770.5525 11885 03/08/2023 VALVE COVER GASKET #007 & 11 119.07
57.98 01.0170.1750.5505 11886 03/08/2023 REPLACED ENGINE OIL #9126 42.14
45.0660.6610.5968 11884 03/08/2023 RETURNED ITEM CREDIT (176.86)
01.0160.1650.5520 11884 03/08/2023 TOOLS/ NTP BASEBALL FIELDS 444.06
6.85 01.0160.1670.5520 11884 03/08/2023 SPRINKLER REPAIR/ MVD 304.73
01.0160.1670.5520 11884 03/08/2023 SPRINKLER REPAIR/ MVD 55.94
45.0660.6610.5968 11884 03/08/2023 DURFEE/PECK MEDIAN IRRIGATION REPAIRS 1,091.87
01.0160.1650.5520 11884 03/08/2023 TRUFACE PRO RED/ NTP 1,600.06
01.0160.1650.5520 11884 03/08/2023 TURFACE PRO RED/ NTP 1,381.01
01.0160.1650.5520 11884 03/08/2023 TURFACE PRO RED/ NTP 798.72
01.0130.1330.5931 11882 03/08/2023 UPGRADE LASERFICHE/ CLOUD 25,460.00
01.0140.1430.5406 11883 03/08/2023 INSPECTION NOTICE & BOOKS & CITY LABELS 561.73
01.0140.1440.5406 11883 03/08/2023 INSPECTION NOTICE & BOOKS & CITY LABELS 640.00
01.0160.1610.5520 11881 03/08/2023 FEB'23 PEST CONTROL/ CCTR 69.18
01.0170.1710.5520 11881 03/08/2023 FEB'23 PEST CONTROL/ CHALL 194.39
01.0160.1620.5520 11881 03/08/2023 FEB'23 PEST CONTROL/ SCTR 312.30
01.0170.1720.5520 11881 03/08/2023 FEB'23 PEST CONTROL/ YARD 144.14
01.0170.1720.5520 11879 03/08/2023 DRIVE WAY LIGHT/ YARD 275.63
06.0300.3010.5430 11880 03/08/2023 FOOD SUPPLIES FOR CI PRGM 151.09
06.0300.3020.5430 11880 03/08/2023 FOOD SUPPLIES FOR CII PRGM 16.78
01.0170.1770.5525 11876 03/08/2023 JAN'23 CNG FUEL #28 101.15
01.0151.1542.5499 11877 03/08/2023 BOXING GYM EQUIPMENT SERVICE 175.00
01.0100.1050.5936 11878 03/08/2023 2/1/23 DOT TESTING 107.00
01.0160.1670.5520 11873 03/08/2023 BASEBALL FIELD RAKES & DIGGERS/ MVD 368.74
01.0130.1330.5215 11874 03/08/2023 2/1-3/1 WIRELESS BRIDGE 680.00
01.0151.1542.5956 11875 03/08/2023 BOXING STAFF UNIFORMS 772.40
01.0151.1541.5430 11872 03/08/2023 BASKETBALL TROPHIES & PLAQUES 3,125.10
01.0160.1650.5520 11873 03/08/2023 BASEBALL FIELD RAKES & DIGGERS/ NTP 368.74
01.0160.1660.5520 11873 03/08/2023 BASEBALL FIELD RAKES & DIGGERS/ SHIVELY 368.74
01.0150.1515.5204 11870 03/08/2023 FEB'23 PATRIOTIC MEETING 100.00
01.0100.1050.5938 11871 03/08/2023 WINTER 2023 BOOK FEES 58.73
01.0100.1050.5938 11871 03/08/2023 WINTER 2023 EDUCATION REIMBURSEMENT 816.00
01.0170.1770.5525 11867 03/08/2023 #007 J2 TOW HITCH INSTALL 121.69
01.0170.1020.5515 11868 03/08/2023 FEB'23 JANITORIAL SVCS 7,339.00
01.0151.1541.5215 11869 03/08/2023 2/18 BBALL OFFICIAL SVCS 90.00
01.0150.1540.5431 11864 03/08/2023 FEB'23 DRINKING WATER MC/NT 28.93
01.0130.1330.5215 11865 03/08/2023 1/12-2/11 BAN 1067917 27.50
02.0170.1760.5550 11866 03/08/2023 FEB'23 SWEEPER SVCS 6,140.00
01.0151.1541.5215 11863 03/08/2023 2/18 BBALL OFFICAL SVCS 90.00
01.0151.1541.5215 11863 03/08/2023 2/22 BBALL OFFICIAL SVCS 90.00
01.0151.1541.5215 11863 03/08/2023 2/25 BBALL OFFICIAL SVCS 120.00
01.0151.1541.5430 11862 03/08/2023 BBALL BANQUET SUPPLIES 100.88
01.0170.1720.5406 11862 03/08/2023 OFFICE SUPPLIES/ YARD 179.63
01.0130.1310.5406 11862 03/08/2023 FINANCE DESK CHAIR 248.06
HORTENCIA VASQUEZ
HUNTINGTON CULINARY
HUNTINGTON CULINARY
HUNTINGTON CULINARY
HUNTINGTON CULINARY
INDUSTRIAL PIPE & STEEL
INDUSTRIAL PIPE & STEEL
JAMES GAILE FUNK
JEFFREY MICHAEL ORTIZ
JOBS AVAILABLE INC
JOHNSTONE SUPPLY
JOSE'S AUTO UPHOLSTERY
KENNETH EUEKHEANG TANG
KIMLEY-HORN AND ASSOCIATES, INC.
L.A. COUNTY SHERIFF'S DEPT.
L.A. COUNTY SHERIFF'S DEPT.
L.A. COUNTY SHERIFF'S DEPT.
L.A. COUNTY SHERIFF'S DEPT.
L.A. COUNTY SHERIFF'S DEPT.
LAB1419
LARRY RODRIGUEZ
LEONEL A. BARRERA JR
MCMASTER-CARR SUPPLY CO.
MICHAEL WALKER
MICHAEL WALKER
MICHAEL WALKER
MICHAEL WALKER
MIRNA IVETTE SANCHEZ
MISSION FENCE & PATIO BUILDERS
MISSION FENCE & PATIO BUILDERS
MODERN TRAILER SUPPLY CO.
NAOMI LOPEZ
NAPA AUTO PARTS
NEW SIGN SOLUTION, INC.
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
OFFICE DEPOT
PACIFIC PRODUCTS AND SERVICES LLC
PACIFIC PRODUCTS AND SERVICES LLC
PHOENIX GROUP INFORMATION SYSTEMS
PHOENIX GROUP INFORMATION SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
02.0170.1760.5520 11913 03/08/2023 STREET SIGNS
01.0140.7020.5215 11914 03/08/2023 JAN'23 ADMIN CITATION SVCS
01.0160.1640.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ AQUATIC CTR 45.33
01.0160.1610.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ CCTR 45.33
01.0160.1620.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ SCTR 45.33
01.0160.1630.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ MCTR 45.33
01.0160.1670.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ MVD 94.33
01.0170.1710.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ CITY HALL 121.00
01.0170.1720.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ YARD 126.00
01.0160.1630.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ MCTR 45.33
01.0160.1640.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ AQUATIC CTR 45.33
01.0160.1650.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ NTP 94.33
01.0140.1100.5215 11914 03/08/2023 JAN'23 CITE PROCESSING SVCS 2,921.74
01.0160.1610.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ CCTR 45.33
01.0160.1620.5520 11915 03/08/2023 FEB'23 MONTHLY SVCS/ SCTR 45.33 2,286.31
02.0170.1760.5540 11913 03/08/2023 STOP SIGN & BARRICADE LEGS 2,236.97 186.54
01.0120.1210.5406 11912 03/08/2023 OFFICE SUPPLIES 32.70
01.0120.1210.5406 11912 03/08/2023 OFFICE SUPPLIES 34.94
01.0120.1210.5406 11912 03/08/2023 DEPARTMENT SUPPLIES 279.08
44.0800.8010.5525 11910 03/08/2023 ENGINE OIL SERVICE & AIR FILTER #26 85.81
01.0140.1440.5406 11911 03/08/2023 CAR MAGNET/ BUILDING INSPECTOR 88.20
01.0120.1210.5406 11912 03/08/2023 OFFICE SUPPLIES 33.06
01.0160.1650.5520 11907 03/08/2023 FENCING/ NTP 118.92
01.0170.1770.5525 11908 03/08/2023 TOW MOUNT & HITCH #28 538.90
01.0150.1515.5204 11909 03/08/2023 FEB'23 PATRIOTIC MEETING 100.00
01.0151.1541.5215 11905 03/08/2023 2/25 BBALL OFFICIAL SVCS 120.00
01.0150.1515.5204 11906 03/08/2023 FEB'23 PATRIOTIC MEETING 100.00
01.0160.1650.5520 11907 03/08/2023 CHAIN LINK FENCE/ BASEBALL FIELDS 303.64
01.0151.1541.5215 11905 03/08/2023 2/18 BBALL OFFICIAL SVCS 180.00
01.0151.1541.5215 11905 03/08/2023 2/21 BBALL OFFICIAL SVCS 60.00
01.0151.1541.5215 11905 03/08/2023 2/23 BBALL OFFICIAL SVCS 60.00
01.0140.1410.5204 11902 03/08/2023 FEB'23 PC MEETING 150.00
01.0140.1410.5204 11903 03/08/2023 FEB'23 PC MEETING 150.00
01.0160.1650.5520 11904 03/08/2023 PANEL BRACKETS/ NTP RESTROOM DOORS 166.66
01.0110.1110.5610 11900 03/08/2023 JAN'23 LIABILITY INSURANCE 47,008.77
01.0110.1110.5635 11900 03/08/2023 1/17 SATURATION PATROL SVCS 6,252.49
01.0150.1505.5406 11901 03/08/2023 POLO'S/ WOMEN'S COMMISSION COMMITTE #623 198.45
01.0110.1110.5220 11900 03/08/2023 JAN'23 LAW ENFORCEMENT SVCS 309,319.36
40.0900.9000.5969 11899 03/08/2023 JAN'23 HSIP 5352 (020) #295 6,911.78
01.0110.1110.5220 11900 03/08/2023 JAN'23 GRANT SPL ASSIGN DEPUTY 17,604.75
01.0110.1110.5220 11900 03/08/2023 JAN'23 SPL ASSIGN DEPUTY 100,428.32
01.0170.1720.5520 11896 03/08/2023 FAN MOTOR PARTS/ YARD A/C 199.15
01.0170.1770.5525 11897 03/08/2023 DRIVER & PASSENGER SEATS REPAIR #13 456.00
01.0140.1410.5204 11898 03/08/2023 FEB'23 PC MEETING 150.00
01.0140.1430.5215 11893 03/08/2023 FEB'23 PLANNING CONSULTING SVCS 10,344.18
01.0140.1410.5204 11894 03/08/2023 FEB'23 PC MEETING 150.00
01.0100.1050.5918 11895 03/08/2023 RECRUITMENT ADVERTISEMENT/ PW ANALYST 360.00
06.0300.3020.5215 11891 03/08/2023 2/20-2/24 CI & CII NUTRITION PRGM 387.20
01.0160.1650.5520 11892 03/08/2023 STEEL SHEET CUT FEE/ NTP RESTROOMS 33.76
01.0170.1720.5520 11892 03/08/2023 SANDPAPER BELT/ YARD 21.52
06.0300.3010.5215 11891 03/08/2023 02/13-2/17 CI & CII NUTRITION PGRM 3,881.25
06.0300.3020.5215 11891 03/08/2023 02/13-2/17 CI & CII NUTRITION PGRM 393.25
06.0300.3010.5215 11891 03/08/2023 2/20-2/24 CI & CII NUTRITION PRGM 2,760.00
01.0150.1530.5952 11890 03/08/2023 12/28/22 DJ SVCS/ NEW UEAR LUNCHEON- SCTR 300.00
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
POST ALARM SYSTEMS
PREMIER JANITORIAL SERVICES
QUADIENT LEASING USA, INC.
QUENCH USA, INC.
QUENCH USA, INC.
QUENCH USA, INC.
QUENCH USA, INC.
QUENCH USA, INC.
QUENCH USA, INC.
REGIONAL TAP SERVICE CENTER
RENT A SPRAY
ROBERT MORENO
ROMAN GALLARDO JR.
ROMAN GALLARDO JR.
RUDY LOPEZ
SAFETY-KLEEN SYSTEMS, INC.
SAKAIDA NURSERY
SAN GABRIEL VALLEY TRIBUNE
SAN GABRIEL VALLEY TRIBUNE
SAN GABRIEL VALLEY TRIBUNE
SAN GABRIEL VALLEY TRIBUNE
SMARDAN SUPPLY
SOCAL SHRED LLC
SOCAL SHRED LLC
SONRISE ELECTRIC INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INC
SPARKLETTS
SPARKLETTS
SUPERIOR COURT OF CA, COUNTY OF LA
SUPERIOR WAREHOUSE GROCERS
SUPERIOR WAREHOUSE GROCERS
SUPERIOR WAREHOUSE GROCERS
SUPERIOR WAREHOUSE GROCERS
SUPERKLEEN CARWASH, INC.
SYSCO FOOD SERVICES OF LOS ANGELES
THE SAUCE CREATIVE SERVICES CORP.
THOMPSON INDUSTRIAL SUPPLY
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
SAND/ FIRE STATION
01.0170.1750.5520 11930 03/08/2023 PAINT/ SEAL BARCODES ON EQUIP
01.0140.7020.5406 11931 03/08/2023 1/25 WATER SVCS
02.0170.1760.5260 11938 03/08/2023 DEC'22 TRAFFIC ENG SVCS 125.00
01.0170.1105.5215 11938 03/08/2023 DEC'22 TRAFFIC ENG SVCS (SPEED SURVEY) 4,000.00
02.0170.1760.5260 11938 03/08/2023 DEC'22 TRAFFIC ENG SVCS #140 1,160.00
01.0170.1105.5215 11938 03/08/2023 DEC'22 PJT MGMT #295 2,040.00
01.0140.1440.5215 11938 03/08/2023 DEC'22 ADMIN SVCS 6,420.00
01.0170.1105.5215 11938 03/08/2023 DEC'22 PJT MGMT #294 621.50
01.0170.1710.5520 11937 03/08/2023 AIRHANDLERS BELTS & PARTS/ CHALL 46.90
01.0170.1105.5215 11938 03/08/2023 DEC'22 ENG SVCS 12,600.00
01.0170.1105.5215 11938 03/08/2023 DEC22 ENG PLAN CHECK SVCS 7,215.25
01.0170.1770.5525 11934 03/08/2023 FEB'23 CAR WASHES 210.00
06.0300.3010.5430 11935 03/08/2023 COFFEE FILTERS/ NUTRITION PRGM 50.94
01.0100.1040.5921 11936 03/08/2023 MAR'23 NEWSLETTER 4,846.77
06.0300.3020.5430 11933 03/08/2023 FROZEN MEALS CII NUTRITION PRGM 66.00
06.0300.3010.5430 11933 03/08/2023 TAPATIO BOTTLES/ NUTRITION LUNCH TABLES 77.70
06.0300.3010.5430 11933 03/08/2023 TOSTADAS/ CI NUTRITION PGRM 25.00
9.50 01.0140.1100.5215 11932 03/08/2023 JAN'23 CITATION REVENUE 4,680.00
01.0150.1540.5431 11933 03/08/2023 AFTER SCHOOL PRGM SUPP/ V-DAY CRAFT 56.88
01.0170.1760.5540 11930 03/08/2023 197.51
63.50 01.0140.1100.5406 11931 03/08/2023 1/25 WATER SVCS 9.49
01.0170.1760.5540 11930 03/08/2023 SAND/ FIRE DEPARTMENT 158.01
01.0170.1760.5540 11930 03/08/2023 SAND/ FIRE STATION 158.01
01.0170.1020.5406 11930 03/08/2023 HARD HAT & NAILS 27.45
01.0151.1541.6020 11929 03/08/2023 GYM SCOREBOARD INSTALLATION 1,595.00
01.0170.1020.5956 11930 03/08/2023 BACK SUPPORT BRACE 23.43
01.0160.1650.5520 11930 03/08/2023 CONCRETE MIX/ NTP CHAIN LINK FENCE 39.03
01.0160.1620.5520 11927 03/08/2023 BLUE AMF W/SCALE/ SCTR 267.27
01.0120.1210.5933 11928 03/08/2023 RECORDS DESCTRUCTION 300.00
01.0120.1210.5933 11928 03/08/2023 RECORDS DESCTRUCTION 75.00
01.0120.1210.5919 11926 03/08/2023 1/19 PUBLISH NOTICES IN SGVT 199.16
01.0120.1210.5919 11926 03/08/2023 1/23 PUBLISH NOTICES SGTV 334.71
01.0140.1430.5919 11926 03/08/2023 2/23 ORD #1264-U/ CARWASH MORATORIUM 192.03
01.0170.1720.5520 11924 03/08/2023 OIL SERVICE & RECYCLE OIL 230.00
45.0900.9000.5977 11925 03/08/2023 MEDIAN UPGRADES/ TREES & BUSHES 630.41
01.0120.1210.5919 11926 03/08/2023 1/19 PUBLISH NOTICES IN SGTV 192.03
01.0151.1541.5215 11922 03/08/2023 2/22 BBALL OFFICIAL SVCS 90.00
01.0151.1541.5215 11922 03/08/2023 2/23 BBALL OFFICIAL SVCS 60.00
01.0150.1515.5204 11923 03/08/2023 FEB'23 PATRIOTIC MEETING 100.00
44.0800.8010.5982 11919 03/08/2023 JAN'23 BUS PASSES 262.00
01.0170.1770.5525 11920 03/08/2023 PAINT SPRAYER & OUTLET FILTERS REPLACEMENT 105.84
01.0151.1541.5215 11921 03/08/2023 2/21 BBALL OFFICIAL SVCS 60.00
01.0160.1610.5520 11918 03/08/2023 AUG'22 WATER FILTER/ CCTR 38.59
01.0160.1610.5520 11918 03/08/2023 FEB'23 WATER FILTER/ CCTR 38.59
01.0160.1620.5520 11918 03/08/2023 MAR'23 WATER FILTER/ SCTR 59.96
01.0160.1610.5520 11918 03/08/2023 SEPT'22 WATER FILTER/ CCTR 38.59
01.0160.1610.5520 11918 03/08/2023 OCT'22 WATER FILTER/ CCTR 38.59
01.0170.1710.5960 11917 03/08/2023 MAR-JUNE'23 POSTAGE LEASE 438.62
01.0160.1610.5520 11918 03/08/2023 NOV'22 WATER FILTER/ CCTR 38.59
01.0170.1710.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ CHALL 121.00
01.0170.1720.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ YARD 126.00
01.0170.1020.5956 11916 03/08/2023 YELLOW RAIN COATS 19.85
01.0160.1650.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ NTP 94.33
01.0160.1670.5520 11915 03/08/2023 MAR'23 MONTHLY SVCS/ MVD 94.33
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.
TRUSAIC
UNISHIELD
VALERIE HURTADO
VASQUEZ & COMPANY LLP
VICTORIA MORA
WATER CHEMISTS,DIV. OF CCI CHEMICAL
WINNER INTERNATIONAL INC.
WINNER INTERNATIONAL INC.
WINNER INTERNATIONAL INC.
XEROX CORPORATION
CALPERS RETIREMENT
CALPERS RETIREMENT
CALPERS RETIREMENT
CALPERS RETIREMENT
DEPARTMENT OF THE TREASURY
DEPARTMENT OF THE TREASURY
DEPARTMENT OF THE TREASURY
EMPLOYMENT DEVELOPMENT DEPT.
EMPLOYMENT DEVELOPMENT DEPT.
EMPLOYMENT DEVELOPMENT DEPT.
EXPERT PAY - STATE DISBURSEMENT UNIT
EXPERT PAY - STATE DISBURSEMENT UNIT
EXPERT PAY - STATE DISBURSEMENT UNIT
EXPERT PAY - STATE DISBURSEMENT UNIT
JCB FINANCE, PROG. BANK OF THE WEST
JCB FINANCE, PROG. BANK OF THE WEST
JCB FINANCE, PROG. BANK OF THE WEST
JCB FINANCE, PROG. BANK OF THE WEST
STANDARD INSURANCE D2
BLUE SHIELD OF CA LIFE & HEALTH
CALPERS
CALPERS
CALPERS
CALPERS
JCB FINANCE, PROG. BANK OF THE WEST
SOUTHERN CALIFORNIA EDISON
Grand Total
01.0170.1770.5950 DFT0000500 01/25/2023 JAN'23 TRACTOR LEASE
01.0170.1770.5950 DFT0000502 09/15/2022 SEPT'22 TRACTOR LEASE
01.0170.1730.5710 DFT0000508 03/01/2023 1/23-2/20 9465 GARVEY AVE 19.34 972,011.48
01.0170.1770.5950 DFT0000507 02/15/2023 FEB'23 TRACTOR LEASE 1,694.67
01.0100.1050.5941 DFT0000506 02/27/2023 MAR'23 ADMIN FEE/ RETIRED 13.42
01.0100.1050.5941 DFT0000506 02/27/2023 MAR'23 ADMIN FEE/ ACTIVE 215.61
01.0100.1050.5945 DFT0000506 02/27/2023 MAR'23 EMPLOYER SHARE OF RETIRED PREMIUM 906.00
01.0000.0000.2260 DFT0000504 02/22/2023 FEB'23 DENTAL 5,139.12
01.0000.0000.2255 DFT0000505 02/28/2023 MAR'23 VISION INSURANCE 707.70
01.0000.0000.2250 DFT0000506 02/27/2023 MAR'23 ACTIVE EMPLOYEE PREMIUM 65,335.21
01.0170.1770.5950 DFT0000501 12/15/2022 DEC'22 TRACTOR LEASE 1,694.67 1,694.67
01.0170.1770.5950 DFT0000503 11/15/2022 NOV'22 TRACTOR LEASE 1,694.67
01.0000.0000.2270 DFT0000499 02/24/2023 CASE 1457313 603.50
01.0000.0000.2270 DFT0000499 02/24/2023 CASE 200000002135289 780.50 1,694.67
01.0000.0000.2210 DFT0000498 02/24/2023 PPE 02/18/23 STATE WTHD'G 4,453.84
01.0000.0000.2270 DFT0000499 02/24/2023 CASE 200000002163990 359.00
01.0000.0000.2270 DFT0000499 02/24/2023 CASE 0980438 150.00
01.0000.0000.2215 DFT0000497 02/24/2023 PPE 2/18/23 MEDICARE 4,777.96
01.0000.0000.2030 DFT0000498 02/24/2023 PPE 02/18/23 TNG WTHD'G 48.61
01.0000.0000.2030 DFT0000498 02/24/2023 PPE 02/18/23 UI TAX WTHD'G 972.11
01.0000.0000.2020 DFT0000496 02/23/2023 PPE 02/18/23 RATE PLAN 27216 10,207.52
01.0000.0000.2205 DFT0000497 02/24/2023 PPE 2/18/23 FEDERAL 13,932.54
01.0000.0000.2215 DFT0000497 02/24/2023 PPE 2/18/23 FICA 20,429.82
01.0000.0000.2020 DFT0000495 02/23/2023 FEB'23 RATE PLAN 322.24
01.0000.0000.2020 DFT0000496 02/23/2023 PPE 02/18/23 RATE PLAN 23047 1,571.70
01.0000.0000.2020 DFT0000496 02/23/2023 PPE 02/18/23 RATE PLAN 685 8,921.87
01.0151.1541.5430 11945 03/08/2023 BBALL BANQUET SUPPLIES 49.61
01.0151.1543.5952 11945 03/08/2023 HELIUM TANK REFILL 418.95
01.0130.1330.5950 11946 03/08/2023 1/30-2/27 COPIER LEASE 543.62
01.0110.1170.5966 11943 03/08/2023 1/30-2/21 MILEAGE REIMBURSEMENT 39.30
01.0170.1710.5520 11944 03/08/2023 FEB'23 #20 TREATMENT 200.00
01.0150.1505.5406 11945 03/08/2023 TABLE CLOTH/ WOMEN'S COMMISSION EVENT #623 30.87
01.0160.1630.5420 11940 03/08/2023 FIRST AID SUPPLIES/ MCTR 196.61
01.0000.0000.4554 11941 03/08/2023 MVDP DAMAGE DEPOSIT 2/11/23 50.00
01.0130.1310.5906 11942 03/08/2023 SERVICE BILLING FY ENDED 6/30/22 4,100.00
02.0170.1760.5260 11938 03/08/2023 DEC'22 TRAFFIC ENG REVIEW 187.50
01.0140.1440.5215 11938 03/08/2023 DEC'22 BLDG OFFICIAL SVCS 792.00
01.0130.1310.5215 11939 03/08/2023 MAR'23 ACA MONTHLY 1,040.40
01.0170.1105.5215 11938 03/08/2023 DEC'22 PJT MGMT #296 5,000.00
01.0170.1105.5215 11938 03/08/2023 DEC'22 RFP/ PMP 3,750.00
01.0140.1430.5215 11938 03/08/2023 DEC'22 PLANNING REVIEW SVCS 432.00
02.0170.1760.5260 11938 03/08/2023 DEC'22 TRAFFIC ENG SVCS (SPEED SURVEY) 4,000.00
City Council Agenda Report
Agenda Item No. 7.c.
DATE: March 14, 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 RE-ADVERTISING
REQUEST FOR PROPOSAL (RFP) FOR NEWSLETTER
PUBLISHING SERVICES
SUMMARY: The City received one proposal during the RFP process. Staff recommends the City re-advertise the RFP in order to receive at least two (2) proposals for service and price comparisons.
RECOMMENDED ACTION: Staff recommends City Council reject the one proposal received and authorize re-advertising the RFP for newsletter publishing services.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: The City provides residents a high-quality colored monthly newsletter for residents. The newsletter keeps residents informed of City news, programs, services and special events.
On February 14, 2023, the City Council authorized the advertisement for newsletter publishing services. The RFP documents were uploaded on the City website, the RPF was announced on the City’s social media platforms, and seven (7) printing companies with “Carrier Route Walk Sequence Saturation” services, were notified as well.
Only one proposal was received by the City on the RFP due date March 1, 2023, at 2:00 pm. Staff is recommending that the City re-advertise for newsletter publishing services, in order to be able to receive more than one bid to perform a service and price comparison.
Staff will coordinate bid re-advertisement and advertise the notice inviting proposals on the City’s social media platforms and website as well notify printing companies.
Staff report prepared by Bertha Hernandez, Communications Coordinator.
ATTACHMENT(S): RFP for Newsletter Publishing Services
01257.0001/852699.1
Request For Proposals
To Provide Newsletter Publishing Services
for the City of South El Monte
RFP Release Date: March 15, 2023
RFP Response Due: 12:00 p.m., March 30, 2023
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
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.
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;
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
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 30, 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
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, 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 A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Agreement for City Newsletter Publishing Service
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: ____________________
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.
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 DRAFT
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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.
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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 $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services.
Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
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Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (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.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
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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 DRAFT
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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.
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(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”.
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 DRAFT
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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 DRAFT
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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;
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(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 DRAFT
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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 DRAFT
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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.
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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.
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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.
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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 DRAFT
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.
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01257.0001/852699.1
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
___________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
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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
CORPORATEOFFICER
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.
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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
CORPORATEOFFICER
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.
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EXHIBIT “A”
A-1 01257.0001/852699.1
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
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:
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EXHIBIT “B”
B-1 01257.0001/852699.1
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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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.
B.
C.
D.
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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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.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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City Council Agenda Report
Agenda Item No. 9.a.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: APPOINTMENT OF COMMISSIONERS TO THE NEWLY
ESTABLISHED ADVANCEMENT OF WOMEN AND GIRLS
COMMISSION AND CONSIDERATION AND APPROVAL OF
RESOLUTION NO. 23-23, FIXING THE AMOUNTS AND
CONDITIONS OF COMPENSATION FOR THE COMMISSION
SUMMARY: Appointments to be made to the newly established Advancement of Women and Girls Commission, which is a five-member commission. The current term will run through December 31, 2023 and adoption of resolution setting conditions and compensation for the commission.
RECOMMENDED ACTION: Staff recommends City Council:
1. Consider appointing five individuals seeking appointment to the newly established Advancement of Women and Girls Commission for a ten-month term commencing March 14, 2023, through December 31, 2023; and
2. Adopt Resolution No. 23-23, fixing the amounts and conditions of compensation for the advancement of women and girls commission.
FISCAL/FINANCIAL IMPACT: Funds have been budgeted for five commissioners.
Each Commissioner will receive a stipend of $100 for attending each quarterly meeting.
DISCUSSION: At a regular city council meeting on Tuesday, January 24, 2023, city council adopted Ordinance No. 1262, establishing a commission for the advancement of women and girls. A “Notice of Vacancy” was posted on the City’s webpage on January 25, 2023, and at three locations: Community Center, Senior Center and City Hall as well as Facebook and announced at various events, with a deadline to submit applications, Thursday, March 2, 2023, by 5:30 p.m. either by mail or dropping the application off at the Reception Desk in City Hall.
The Advancement of Women and Girls Commission will be a five-member commission and shall consist of five city residents to include one senior (55 and over) and one youth
(between the ages of 16-17), appointed by a majority of the City Council.
The Advancement of Women and Girls Commission acts in an advisory capacity to the City Council on all matters pertaining to the advancement of women and girls.
Seven applicants are seeking appointment to the Advancement of Women and Girls Commission.
Seeking Appointment: Emily Lares, Divina Montejano, Elizabeth Ramirez, Gracie Retamoza, Nydia Romero, Jacqueline Rubio, and Mirna Ivette Sanchez.
ATTACHMENT(S):
A. Advancement of Women and Girls Applications
B. DRAFT Resolution Fixing Conditions and Compensation
ATTACHMENT A
ATTACHMENT B
RESOLUTION NO. 23-23
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
FIXING THE AMOUNTS AND CONDITIONS OF COMPENSATION
FOR THE ADVANCEMENT OF WOMEN & GIRLS COMMISSION
RECITALS
A. The City of South El Monte takes its stewardship over the use of its limited public resources seriously. Periodically, the City Council has adopted ordinances and resolutions relating to expenses actually and necessarily incurred by public officials in connection with their official duties on City business.
B. A number of residents volunteer their time to participate in City government as advisory commissioners advising the Council on all matters pertaining to the advancement of women and girls. The City Council would like to reimburse such residents for the time spent attending meetings and other City activities.
C. This policy satisfies the requirements of Gov’t Code §§ 53232.2 and 53233.3, supplements the definition of actual and necessary expenses for purposes of state law relating to permissible uses of public resources by Commissioners.
NOW THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES:
Section 1. The City Council hereby authorizes to pay each Commissioner a $100 stipend for each meeting the Commissioner attends quarterly.
Section 2. South El Monte Municipal Code Section 2.50.030 provides that the City Council may from time to time fix the compensation of members of the Commission for the Advancement of Women and Girls.
Section 3. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 14th day of March 2023. ________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-23 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 14th day of March 2023, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 9.b.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: APPOINTMENT OF COMMISSIONERS TO THE PATRIOTIC
COMMISSION
SUMMARY: Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Patriotic Commission, which is a five-member commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking re-appointment/appointment to the Patriotic Commission for a tenmonth term commencing March 14, 2023, through December 31, 2023.
FISCAL/FINANCIAL IMPACT: Funds have been budgeted for five commissioners.
Each Commissioner will receive a monthly stipend of $100 for attending the monthly meeting.
DISCUSSION: A “Notice of Vacancy” was posted on the City’s webpage on October 31, 2022, with a deadline to submit applications, Thursday, December 1, 2022, by 5:30 p.m.
An additional "Notice of Vacancy" was posted on December 1, 2022, extending the deadline to Thursday, December 22, 2022, by noon, either by mail or by dropping the application off at City Hall at the Reception Desk.
The Patriotic Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council for a one-year term.
The Patriotic Commission acts in an advisory capacity to the City Council in all matters pertaining to patriotism and the civic recognition of both active and veteran military personnel.
Eight applicants are seeking reappointment/appointment to the Patriotic Commission.
Seeking Reappointment: Blanca Figueroa, Naomi Lopez, Rudy Lopez, Alejandro Miramotes De Anda
Seeking Appointment: Mirna Ivette Sanchez, Valerie Bechtold, David Mai and Abraham Flores Rojo
ATTACHMENT(S):
A. Patriotic Applications
City Council Agenda Report
Agenda Item No. 9.c.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: APPOINTMENT OF COMMISSIONERS TO THE COMMUNITY
SERVICES COMMISSION
SUMMARY: Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Community Services Commission, which is a fivemember commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking reappointment/appointment to the Community Services Commission for a ten-month term commencing March 14, 2023, through December 31, 2023.
FISCAL/FINANCIAL IMPACT: Funds have been budgeted for five commissioners.
Each Commissioner will receive a monthly stipend of $100 for attending the monthly meeting.
DISCUSSION: A “Notice of Vacancy” was posted on the City’s webpage on October 31, 2022, with a deadline to submit applications, Thursday, December 1, 2022, by 5:30 p.m.
An additional "Notice of Vacancy" was posted on December 1, 2022, extending the deadline to Thursday, December 22, 2022, by noon, either by mail or by dropping the application off at City Hall at the Reception Desk.
The Community Services Commission is a five-member commission and shall consist of five city residents to include two persons at least sixty (60) years of age and one person between the ages of sixteen (16) and twenty-one (21), appointed by a majority of the City Council for a one-year term.
The Community Services Commission acts in an advisory capacity to the City Council on all matters pertaining to the City’s parks and recreation services, senior programs, and special events.
Five applicants are seeking reappointment/appointment to the Community Services Commission.
Seeking Reappointment: Ingrid Aguilar, Gerardo Diaz, Hortencia Vasquez, and David Mai
Seeking Appointment: Heliodoro Duarte Jr..
ATTACHMENT(S):
A. Community Services Applications
City Council Agenda Report
Agenda Item No. 9.d.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: APPOINTMENT OF COMMISSIONERS TO THE PLANNING
COMMISSION
SUMMARY: Continued from the January 10, 2023, Regular City Council meeting.
Appointments to be made to the Planning Commission, which is a five-member commission. The current terms expired on December 31, 2022.
RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking reappointment/appointment to the Planning Commission for a tenmonth term commencing March 14, 2023, through December 31, 2023.
FISCAL/FINANCIAL IMPACT: Funds have been budgeted for five commissioners.
Each Commissioner will receive a monthly stipend of $150 for attending the monthly meeting.
DISCUSSION: A “Notice of Vacancy” was posted on the City’s webpage on October 31, 2022, with a deadline to submit applications, Thursday, December 1, 2022, by 5:30 p.m.
An additional "Notice of Vacancy" was posted on December 1, 2022, extending the deadline to Thursday, December 22, 2022, by noon, either by mail or by dropping the application off at City Hall at the Reception Desk.
The Planning Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council for a one-year term.
The Planning Commission acts in an advisory capacity to the City Council on all matters pertaining to community development, to be approved by the City Council.
Nine applicants are seeking reappointment/appointment to the Planning Commission.
Seeking Reappointment: Larry Rodriguez, Jeff Ortiz, Leonel Barrera, Kenneth Tang
Seeking Appointment: Enrique Robles, Robert Bacerra, Roberto Sanchez, Ruby Rose Yepez, and David Mai.
ATTACHMENT(S):
A. Planning Applications
City Council Agenda Report
Agenda Item No. 9.e.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: APPOINTING MEMBERS TO ATTEND THE
NATIONAL ASSOCIATION OF LATINO ELECTED &
APPOINTED OFFICIALS (NALEO) 40TH ANNUAL
CONFERENCE, JULY 10-14, 2023, TO BE HELD AT THE NEW
YORK MARRIOTT MARQUIS, NEW YORK CITY
SUMMARY: The NALEO Educational Fund provides national leadership on key issues that affect Latino participation in our political process, including immigration and naturalization, voting rights, election reform, the Census and the appointment of qualified Latinos to top executive and judicial positions. Attendance to conferences, seminars, workshops and meetings are fundamentally important to the advancement and education of local elected officials. Attendance to conferences, seminars, workshops and meetings informs cities on changing policies and National City issues.
RECOMMENDED ACTION: City Council to appoint all or any members of the City Council and/or staff to attend the upcoming NALEO Conference, July 11-14, 2023, to be held in New York City.
FISCAL/FINANCIAL IMPACT: Each member of the City Council is allocated $10,000 per fiscal year for conferences and travel. Currently there are enough funds in each member's budget to cover the cost.
DISCUSSION: Seminars, conferences, workshops and meetings are dedicated to the advancement and education of Mayors, Councilmembers and City Managers to learn about major issues and study, debate and formulate positions on issues important to local government, and to renew professional contacts that are so vital to conducting the public’s business.
Report prepared by Dianna Gomez, Executive Assistant to the City Council.
ATTACHMENT(S):
A. NALEO Conference Fees and Agenda
City Council Agenda Report
Agenda Item No. 9.f.
DATE: March 14, 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 TO SOLICIT REQUEST
FOR PROPOSALS (RFP) FOR AUDITING SERVICES
SUMMARY: Staff is seeking City Council approval to solicit RFPs for auditing services.
RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified Certified Public Accounting (CPA) firms for auditing services.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact of conducting an RFP. The City has budgeted $42,000 for the fiscal 2022-23 Financial Statements Audit and Single Audit. Audit fees in excess of this amount will be programmed once proposals are reviewed, selected, and awarded, based on qualifications, and not based on lowest price.
DISCUSSION: On January 11, 2022, the City Council adopted Resolution No. 22-03 awarding a three-year professional auditing services contract to Vasquez & Company LLP (Vasquez) 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. Staff informed Vasquez that such a request must be brought before City Council. Staff also informed Vasquez that should the City Council not 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.
On February 15, 2023, staff presented the requested fee increase from Vasquez to City Council. The item was continued to the February 28, 2023, City Council meeting. Staff was not able to bring back this item as Vasquez informed staff that they would like to terminate the contract early. However, as Vasquez is currently working on the June 30, 2022 Single Audit which is due March 31, 2023, Vasquez would like to terminate the contract effective April 1, 2023.
Upon approval of the RFP, it will be posted on the City’s website, and staff will contract qualified CPA firms to solicit proposals.
ATTACHMENT(S): RFP - Professional Auditing Services
01257.0007/635496.1
Request For Proposals
To Provide Auditing Services for the City of South El Monte RFP Release Date: Wednesday, March 15, 2023
RFP Response Due: Thursday, April 13, 2023, 4:00 p.m.
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
Table of Contents
I. General Information
Community Profile
II. Purpose & Support Services
Budget
III. Scope of Services
Responsibilities of Selected Firm
Responsibilities of City
Auditing Standards
Auditing Schedule
Record Retention
Record Access
IV. Information to be Included in the Qualifications Submittal (Proposal) Proposal Outline to be Submitted
Questionnaire
Qualifications and Experience of Proposed Auditing Firm Fees
References
V. Questions
VI. General Information
VII. Insurance Requirements
VIII. Proposal Review
RFP Schedule
Evaluation of Proposal
IX. Consultant Agreement
X. Attachments
Appendix A- Certification of Proposal to the City
Appendix B- Sample of Professional Services Agreement
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
I. General Information
Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 20,000 residents, encompassing 2.3 square miles. The City is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.
South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both residents and the City’s business community are working together to make the City a better place to live and work.
After almost six decades, the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within its 2.3 square miles.
The City is currently focusing on improving the environment of the community and making it a better place to live and work.
II. Purpose & Description Management Support Services
The City of South El Monte consists of a five-member elected City Council (with elected Mayor) and an appointed City Manager. There are seven departments: Administration, City Clerk (appointed by Council), City Attorney (appointed by Council), Community Development, Community Services, Public Works, and Finance. The Management Team consists of the following:
City Manager – Rene Salas
City Clerk – Donna Schwartz
City Attorney – Anthony R. Taylor (employed by law firm of Aleshire & Wynder, LLP) Community Development Director – Vacant
Public Works Director – Vacant
Finance Director – Masami Higa
The assets and liabilities of the South El Monte Business Improvement City were transferred to the Successor Agency to the South El Monte Business Improvement City on February 1, 2012 as a result of the dissolution of the former redevelopment agency’s under AB x1 26 as amended. The City is acting in a fiduciary capacity for the assets and liabilities.
In terms of the City’s fund structure, the City maintains approximately 30 individual governmental funds. There are no proprietary funds. The City maintains one private-purpose trust fund to account for the Successor Agency.
T he City’s Financial Statements are available on the City’s website.
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
It is management’s goal to prepare the Annual Comprehensive Financial Report (ACFR) to the extent possible. As part of the firm’s response to this RFP, it is strongly suggested that consideration be given to how this goal can be accomplished by management in the near term.
Budget
The annual budget is adopted by City Council by June 30 of each fiscal year and include proposed expenditures and the means of financing them for all active funds. The annual budget provides for the general operations of the City and, as appropriate, its near-term and long-term goals and objectives. To the best of the City’s abilities, recurring revenues are applied towards recurring expenditures and non-recurring revenues are applied towards non-recurring expenditures. Budget amendments must be approved by City Council and actual expenditures must not exceed appropriation at the fund level. The City Manager is authorized to make budget allocation within funds but City Council must approve all budget amendment at the fund level.
The City’s Budget Books are available on the City’s website.
The FY2022-23 City-wide adopted budget is $35,173,178 with a deficit of $279,972 as summarized below:
Fund Group Revenues Expenditures City-Wide Net
General Fund $ 24,050,621 $ 19,247,053 $ 4,803,568
Special Revenue Funds 10,842,585 15,926,125 (5,083,540) Total $ 34,893,206 $ 35,173,178 $ (279,972)
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
III. Scope of Services
The selected firm shall conduct independent audits of Financial Statements and Schedule of Expenditures of Federal Awards both prepared by management as required under GAAS and GAGAS.
The selected firm shall also format and print the Audited Financial Statements for the City. The City typically requires 20 copies of each report and an electronic copy. The quantity may be increased or decreased depending on actual need.
The selected firm shall meet with the City Manager and Director of Finance annually and provide Management Letters of recommendations to those charged with governance. Management Letters shall describe suggested improvements in internal control, accounting procedures, and other significant observations or reportable conditions.
The selected firm shall make itself available to the City throughout the engagement as an information resource for:
o Financial statements preparation and disclosures;
o Interpreting and understanding GASB pronouncements;
o New developments, trends, and changing requirements pertaining to auditing and accounting standards;
o Interpretations of federal and state rules and regulations; and o Impact of new or existing tax laws.
As appropriate, the selected firm shall assist the City to meet all the eligibility requirements of the Governmental Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program.
As requested by the City, the selected firm shall be available to present the audit plan prior to beginning field work and to present all final reports to the Director of Finance, City Manager, and City Council.
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
Additional on-going annual auditing services needed due to regulation changes or future voter approved measures shall be quoted separately and added to the contract as amendments.
Responsibilities of Selected Firm
During audits, the selected firm shall promptly report to the D i r e c t o r o f Finance a n d C i t y M a n a g e r regarding any conditions, transactions, situations, or circumstances encountered which would impede or impair the proper conduct of the audit, or which would seem to warrant a special investigation or report in more detail than that which is necessary to perform the standard audit. The selected firm shall take all steps necessary to safeguard any data, files, reports or information from loss, destruction, or erasure. Any costs or expenses of replacing, or damages resulting from the loss of such data, shall be borne by the auditor.
The selected firm shall maintain adequate staff to perform as required by the agreement resulting from this solicitation.
Responsibilities of City
The preparation of the Financial Statements is the responsibility of the City. However, the City will rely on the selected firm to produce the reports using their own technical resources. At such time that the City and selected firm can jointly produce a ACFR, it shall be the responsibility of the City to provide the introductory, management’s discussion and analysis, required supplementary information, and statistical data.
Auditing Standards
Financial auditing shall be performed in accordance with:
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants;
2. The standards applicable to financial audits contained in Government Auditing Standards (current edition), issued by the Comptroller General of the United States;
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
3. The provisions of the Single Audit Act;
4. When applicable, provisions of other laws or regulations required to be followed by the federal government, State of California, or County of Los Angeles.
The foregoing standards ensure that the audit will be planned and performed to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. The audit shall include examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. The audit shall also include assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation.
Auditing Schedule
The City shall typically close the prior fiscal year’s books by September 30th of each year. An interim on-site visit shall occur for one week during June of each year; and the financial audit engagement shall be scheduled no later than October 1st of each year, unless a mutual agreement is reached between the City and the selected firm on a later audit start date. It is understood that the actual audit schedule will be negotiated annually to adjust for mutual staff availability. An exit interview shall be conducted at the end of the final on-site audit. Auditing reports and Management Letter(s) shall be provided to the City no later than three weeks following the exit interview. The selected firm shall complete and deliver the City’s Financial Statements to the City by no later than December 15th of each year.
Record Retention
All working papers and reports shall be retained, at the selected firm’s expense, for a minimum of three years (or the retention timeframe established by the professional standards, whichever is longer), unless the firm is notified in writing by the City of South El Monte of the need to extend the retention period.
Record Access
Working papers and reports shall be made available upon request of the City, any federal or state agency, and other individuals designated by the City. The selected firm shall also respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers.
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
IV. INFORMATION TO BE INCLUDED IN THE QUALIFICATIONS SUBMITTAL
PROPOSAL OUTLINE TO BE SUBMITTED
The proposal shall be organized and submitted with the following elements:
• Cover page
• Table of Contents
• Executive Summary
Provide a brief summary describing the proposer’s ability to perform the work requested, a history of the proposer’s background and experience providing services, the qualifications of the proposer’s personnel to be assigned to City, any subcontractor, sub consultants, and/or suppliers and a brief history of their background and experience, and any other information called for by this request for proposal which the proposer deems relevant, including restating any exceptions to this request for proposal. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the proposer, staff, subcontractors, and/or suppliers. Note, the City does not allow proposers to use the City Seal on proposals. • Questionnaire/Response to Scope of Services
Proposer shall provide responses and information to fully satisfy each item in the Questionnaire (see section V below). Each question item should be presented before the proposer’s response.
• Attachments
Questionnaire
A. Company and General Information
• Company name and address.
• Letter of transmittal signed by an individual authorized to bind the respondent, stating that the respondent has read and will comply with all terms and conditions of the RFP.
• General information about the primary contact that would be able to answer questions about the proposal. Include name, title, telephone number and email address of the individual.
• Appendix A, Certification of Proposal to City
• Appendix B, Sample Professional Services Agreement
01257.0007/635496.1 Form effective 3/5/20
Request for Proposals
City of South El Monte – Auditing Services
• Appendix C, Scope of Services
B. Qualifications and Experience of the Firm
• Firm’s history and organizational structure, including the size of the firm, location of offices, years in business, organizational chart, name(s) of owner(s) and principal parties, and number and position titles of staff.
• The primary business of the parent company and/or affiliates. • Office(s) of your organization with primary responsibility for managing the audit. • Firm’s experience providing auditing and accounting services, including the cities for which you have provided these services in the last five years. • Other areas that may make the firm different from competitors.
C. Qualifications and Experience of Proposed Staff
• The qualifications of staff proposed for the assignment, position(s) in the firm, and types and amount of equivalent experience, including any municipal agencies with which they have worked in the past three years and their level of involvement. The resume(s) of the personnel who will be assigned to this project.
Fees
Please provide three copies in a separate envelope marked “Fees.” Fees for the proposed service, which should be detailed by service and include financial audit and single audit for each of the three fiscal years—2022-23, 2023-24 and 2024-25. • Outline billing and payment expectations, including timing and method of payment. • Any additional fees not already detailed above.
• A specific “not to exceed” fixed fee including associated fees (i.e., printing costs, attendance at meetings, travel).
References
Provide a list of the municipal agencies for which the respondent has conducted any type of auditing services within the past three years.
The Consultant should provide a list of at least three municipal agencies.
01257.0007/635496.1 Form effective 3/5/20 Request for Proposals City of South El Monte – Auditing Services
V. QUESTIONS
Questions with regard to this RFP should be submitted by e-mail to Masami Higa, Director of Finance, at [email protected] by 4:00 P.M. PDT on April 6, 2023. All firms sending questions will receive responses to all questions and any other addenda that may be released via e-mail by April 13, 2023.
VI. GENERAL INFORMATION
The Consultant is expected to establish and maintain a working relationship with City Staff throughout the duration of the agreement. The City shall not pay any cost incurred in the preparation of a response to this Request for Proposal.
VII. INSURANCE REQUIREMENTS
The City will require the successful Consultant to acquire and maintain workers’ compensation, employer’s liability, commercial general liability, owned and non- owned and hired automobile liability, and professional liability insurance (errors & omissions) coverage relating to Consultant’s services to be performed covering the City’s risks in a form subject to the approval of the City Attorney and/or City’s insurance advisor. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $2,000,000 per accident for bodily injury or disease
Commercial General Liability $2,000,000 per occurrence and $2,000,000 aggregate for bodily
injury, personal injury and property
damage
Automobile Liability $2,000,000 per accident for bodily injury and property damage (coverage required to
the extent applicable to Consultant’s
vehicle usage in performing services
hereunder)
Professional Liability $2,000,000 per claim and
(Errors & Omissions
Liability)
01257.0007/635496.1 Form effective 3/5/20 Request for Proposals City of South El Monte – Auditing Services
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the City as an Additional Insured.
Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.
The Consultant shall agree to include with all subcontractors in their subcontracts the same requirements and provisions including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Consultant shall agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors.
The Consultant shall furnish the City with certificates and copies of information or declaration pages of the insurance required and with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of 30 days (ten days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the City of South El Monte its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing that Consultant’s insurance coverage shall be primary insurance with respect to City and, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by City for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of Consultant’s insurance and not contributory with it. Consultant and its insurer may not seek contribution from City’s insurance or self-insurance.
The limits of insurance required 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 non-contributory basis for the benefit of City before the City’s insurance or self-insurance may be called upon to protect City as a named Insured.
All self-insured retentions (SIR) must be disclosed to City for approval and shall not reduce the limits of liability coverage. Policies containing an SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Consultant/Named Insured or City.
The City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
01257.0007/635496.1 Form effective 3/5/20 Request for Proposals City of South El Monte – Auditing Services
Any and all Subcontractors shall agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City. Subcontractors shall further agree to include the same requirements and provisions, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions shall be furnished to any subcontractor upon request.
The Consultant shall maintain insurance to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of this project or service. In the event the Consultant fails to obtain or maintain completed operations coverage as required by the City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant.
VIII. PROPOSAL REVIEW
The City’s designated staff will evaluate proposals received. During the review process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from those that submit proposals or allow corrections of errors or omissions. Any and all changes in the RFP will be made by written addendum, which shall be issued by the City to all proposers who have responded to the RFP by the deadline.
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates the firm’s acceptance of the conditions contained in this Request for Proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the consultant selected.
The preparation of the RFP will be at the total expense of the Proposer. There is no expressed or implied obligation for the City to reimburse responding proposers for any expense incurred in the preparation of proposals in response to this RFP. All proposals submitted to the City shall become properties of the City and will not be returned.
The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City.
To be considered, proposers must provide five bound copies, one unbound copy, and a single Microsoft Excel and PDF file of the Proposal for Auditing Services that can be made available to City staff. The materials should be contained in a sealed envelope with the name of the company submitting the proposal, and the title of “Auditing Services.” The materials should be delivered no later than 4:00 P.M. PDT on April 13, 2023 to:
City of South El Monte
Attention: Donna Schwartz,
City Clerk
1415 N. Santa Anita Ave.
South El Monte, CA 91733
01257.0007/635496.1 Form effective 3/5/20 Request for Proposals City of South El Monte – Auditing Services
RFP Schedule
The City reserves the right to make changes to the below schedule, but the current schedule for the implementation of this bid process is as follows:
Request for Proposal Release March 15, 2023
Question Submittal Deadline April 6, 2023
City Response to Questions Through April 13, 2023
Submittal Deadline (Date proposals must be received by City) April 13, 2023 Finalists Selected April 20, 2023
Presentations / Interview Week of April 24th
Consultant Selection/Contract approved by City Council May 2023 Evaluation of Proposals
A team comprised of City staff, will be responsible for the bid evaluations. This team, in accordance with the criteria listed below, will evaluate all proposals received as specified.
The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed. During the evaluation period, the team may elect to interview some or all the proposing firms. The interview will include City staff and the Councilmembers servicing on the Finance Sub-Committee.
The final selection will be the firm which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City's best interest. The City maintains the sole and exclusive right to evaluate the merits of the proposals received.
Consultants will be objectively evaluated based on their responses to the scope outlined in the RFP. The written proposal should clearly demonstrate how the firm could best satisfy the requirements of City.
Proposals will be evaluated based on the following criteria:
• Thoroughness and understanding of the tasks to be completed. • Background and experience in organizational analysis evaluation. • Staff expertise and overall experience of personnel assigned to the work. • Time required to accomplish the requested services.
• Responsiveness to requirements.
• Recent public sector experience, preferably in a municipal setting, conducting similar studies.
• Costs.
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
Although price for the services will be an important part of the consideration for award the City will consider the consultant’s qualifications, expertise and level of professional service and advice in the award of the auditing contract.
IX. CONSULTANT AGREEMENT
A sample of the City’s Professional Services Agreement is provided in this RFP as Attachment B. Your proposal shall contain a statement of the firm’s willingness to execute the contract with an indication of any changes to the contractual requirements.
END OF RFP
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
APPENDIX A
CERTIFICATION OF PROPOSAL TO THE CITY
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposals (RFP), dated April 13, 2023 and to be bound by the terms and conditions of the RFP.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the firm and that the firm is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all the commentary, figures and data required by the Requests for Proposal dated March 15, 2023.
5. This firm has carefully read and fully understands all the items contained in Request for Proposal for Auditing Services.
6. The proposal by this firm is an irrevocable offer; it shall be valid for 90 days from April 13, 2023, unless both parties mutually agree to extend date.
Name of firm:
By:
(Authorized Signature)
Type Name:
Title:
Date:
Request for Proposals
City of South El Monte – Auditing Services
01257.0007/635496.1 Form effective 3/5/20
APPENDIX B
SAMPLE OF PROFESSIONAL SERVICES AGREEMENT
01257.0001/695512.1 WASH_ALWY 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
__________________________________ DRAFT
01257.0001/695512.1 WASH_ALWY
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
____________________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2023 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 DRAFT
01257.0001/695512.1 WASH_ALWY 2
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 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.
DRAFT
01257.0001/695512.1 WASH_ALWY 3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and 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.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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 DRAFT
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control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own 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 DRAFT
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an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, 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”.
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 DRAFT
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endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained 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 DRAFT
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be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(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 DRAFT
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connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered
against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant
hereunder; and Consultant agrees to save and hold the
City, its officers, agents, and employees harmless
therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or
prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its
officers, agents or employees in such action or
proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
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Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of 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 DRAFT
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“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be 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.
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In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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.
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7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
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 DRAFT
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costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, 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, DRAFT
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and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by 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 DRAFT
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unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
___________________________________
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
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01257.0001/695512.1 WASH_ALWY
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.
nature: _____________________________________
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.
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01257.0001/695512.1 WASH_ALWY
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.
nature: _____________________________________
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.
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01257.0001/695512.1 WASH_ALWY A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A.
B.
C.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
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01257.0001/695512.1 WASH_ALWY B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01257.0001/695512.1 WASH_ALWY C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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01257.0007/635496.1 C-2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. DRAFT
City Council Agenda Report
Agenda Item No. 11.a.
DATE: March 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: LETTER FROM EPIPHANY CATHOLIC SCHOOL
REQUESTING A FEE WAIVER FOR THE USE OF THE
SENIOR CENTER DINING ROOM TO HOST A SPRING TEA
PARTY EVENT
SUMMARY: Epiphany Catholic School is requesting a facility reservation fee waiver for the use of the Senior Center dining room on Sunday, March 26, 2023, from 8:00 a.m. to 7:00 p.m. to host a Spring Tea Party event and all the associated fees incurred from the reservation.
RECOMMENDED ACTION: Staff recommends City Council discuss and consider the fee waiver request by Epiphany Catholic School.
FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fee in the amount of $1,100.00.
In addition, if approved, the City will waive the associated fees incurred from the reservation including staff time, cleaning staff time, cleaning fees, and damage deposit in the amount of $1,076.00.
If the City approves waiving all the fees requested by Epiphany Catholic School, the City will waive a total of $2,176.00 of estimated revenues for the General Fund.
DISCUSSION: The Epiphany Catholic School has been a member of the community since 1959. They proudly serve the City by providing faith-based academic enrichment to children 5 to 12 years of age. The schools wishes to host a fundraiser, the Spring Tea Party event, in an effort to raise funds for student scholarships and update academic materials for their STEM programming. Epiphany Catholic School are requesting assistance from the City by waiving all the reservation fees to host the fundraising event on Sunday, March 26, 2023 from 8:00 a.m. to 7:00 p.m.
Report prepared by Jayson Perez, Recreation Coordinator.
ATTACHMENT(S):
A. Request Letter from Epiphany Catholic School
B. Reservation Application from Epiphany Catholic School
ATTACHMENT A
ATTACHMENT B
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen __x_ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II Shively and New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
___________ Field
____________ Picnic Area
Date of Event: _March 26, 2023__ Day(s): _Sunday Estimated Attendance: _150 - 200 Purpose of Event/Function: ___Spring Tea Party___________________________________________________________________ Reservation Time: 8:00 am to 7:00 pm Set up Time: 8:00 am to 3:30 pm Kitchen Hours: ________ to ________ Clean up Time: 6:00 pm to 7:00 pm Will the event be open to the public? ______
Will there be entertainment? ______ If yes, what type? ______________________________________ Will food be served? _____ If yes, name of caterer? _________________________________ Will alcohol be served? ______
Portable Stage needed? ______
Applicant shall indemnify, defend, and hold harmless the City of South El Monte, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and/or use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of South El Monte, its officers, employees, or agents. Applicant agrees to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I am an authorized agent of the organization/business submitting this application. The information provided in this application is true and correct. I have read and understand this application and agree to all of the facility rules, regulations, and conditions of use.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Angie Yamashiro Organization/Business: Epiphany Catholic School Address: 10915 Michael Hunt Drive City: South El Monte Zip Code:91733 Home Phone: Work Phone:
Cell Phone: Email: