South El Monte City Council
November 28, 2023

Gloria Olmos, Mayor/Chair
Richard Angel, Mayor Pro Tem/ Vice Chair
Manuel Acosta, Councilmember/
Boardmember
Rudy Bojorquez, Councilmember/
Boardmember
Hector Delgado, Councilmember/
Boardmember
Rene Salas, City Manager/Executive
Director
Anthony R. Taylor, City Attorney/General
Counsel
Donna G. Schwartz, City Clerk/Secretary
Masami Higa, Director of Finance/Treasurer

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
November 28, 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. Presentation by Senator Susan Rubio on Legislative Updates for the Year

4.b. Certificates of Recognition Presented to the South El Monte Jets Jr.

Pee Wee Football League for Winning the Baseline League Championships, along with Receiving the Team Sportsmanship Award

4.c. Presentation of Plaques to Magellan Value Partners, Vacco Industries, Mayans Development, Office of Supervisor Hilda Solis, and the Office of Assemblymember Lisa Caldero for their Participation and Donations of Turkeys to the South El Monte Community Alliance Church Turkey Basket Giveaway

4.d. Presentation of Plaque to Pastor Charlie Corum of South El Monte Community Outreach for Hosting the South El Monte Community Alliance Church Turkey Basket Giveaway

4.e. Presentation by Jessica Alvarenga, Director of Government Affairs, Athens Services, on Positive Objective Updates

4.f. Sheriff's Department Report for the Month of October

4.g. Code Enforcement and Public Safety Department Report for the Month of October

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

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

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

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act,

no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

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

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 14, 2023

Staff is requesting approval of Minutes for the November 14, 2023 Regular City Council meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the November 14, 2023, Regular City Council meeting.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-108, APPROVING WARRANTS FOR THE PERIOD OF NOVEMBER 15, 2023, THROUGH NOVEMBER 28, 2023

Authorizing payment of City expenditures for the period of November 15, 2023 through November 28, 2023 totaling $1,477,738.52
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-108, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-109,

AWARDING A PROFESSIONAL SERVICES AGREEMENT (PSA) TO
TRANSTECH ENGINEERS, INC. FOR PROFESSIONAL CIVIL

ENGINEERING SERVICES

Staff seeks City Council approval to award a Professional Services Agreement (PSA) to Transtech Engineers, Inc for Professional Civil Engineering Services.

RECOMMENDED ACTION: Staff recommends City Council:

1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;

2. Adopt Resolution No. 23-109, awarding a PSA to Transtech Engineers, Inc. for Professional Civil Engineering Services in the amount of $1,035,840 for the 3 year contract term and including $1,500,000 for project Design, Management and
Construction/Inspections services as needed for a grand total of $2,535,840 ; and

3. Authorize the City Manager or designee to negotiate and execute the agreement.

ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for civil engineering services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-110, APPROVING AMENDEMENT NO. 13 TO AGREEMENT ENP202110

WITH THE COUNTY OF LOS ANGELES FOR THE ELDERLY

NUTRITION PROGRAM SERVICES

The City's Elderly Nutrition Agreement Amendment No. 13 will allow the City to receive additional funding from the County, allocated supplemental California Department of Aging ("CDA") American Rescue Plan Act ("ARPA") funding, for Fiscal Year (FY) 2023-2024.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-110, approving Amendment No. 13 to the existing agreement Subaward Number ENP202110 with the County of Los Angeles; and

2. Authorize the City Manager or designee to execute the agreement.

7.e. CONSIDERATION FOR AUTHORIZATION TO SOLICIT REQUEST FOR

PROPOSALS (RFP) FOR STRIPING SERVICES

Staff seeks City Council approval to publish a Request for Proposals (RFP) for Citywide Striping Services for the City of South El Monte RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified consultants to provide Citywide Striping Services.

7.f. ADOPTION OF ORDINANCE NO. 1270 TO AMEND SIDEWALK

VENDING REGULATIONS SET FORTH IN SOUTH EL MONTE
MUNICIPAL CODE CHAPTER 5.09

On November 14, 2023, the City Attorney’s Office and City staff proposed certain amendments to South El Monte Municipal Code (“SEMMC”) Chapter 5.09, “Sidewalk Vending” to the City Council. Following the City Attorney’s Office and City Staff’s presentation, the City Council unanimously approved the first reading of Ordinance No. 1270.

RECOMMENDED ACTION: That the City Council:

1. Waive second reading and adopt Ordinance No. 1270, Amending Chapter 5.09 of Title 5 of the South El Monte Municipal Code Thereby Amending the City’s Sidewalk Vending Regulations in relation to Requirements when Vending, Including Required Distances between Vendors, Keeping Sidewalks Clear of
Obstructions and Cooking Waste, Restrictions on Cooking without Required LA County Health Permit, and Documents Required while Vending.”

7.g. CONSIDERATION OF AMENDING THE CITY'S CONFLICT OF

INTEREST CODE

Regulations of the Fair Political Practices Commission require newly created, designated employee positions to be included in the City’s conflict of interest code, which tells them what financial interest they must disclose on their Statement of Economic Interests (Form 700). Local agencies may amend their conflict of interest code any time newly created, designated employee positions assume office.

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

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. COUNCIL CONSIDERATION OF APPOINTMENT/RE-APPOINTMENT

OF A REPRESENTATIVE TO THE GREATER LOS ANGELES COUNTY

VECTOR CONTROL DISTRICT BOARD OF TRUSTEES

Per the Greater Los Angeles County Vector Control District Board of Trustees (GLACVCD) the term of office for Trustee Hector Delgado as a member of the Board is set to expire on January 1, 2024. Pursuant to Section 2024 of the State Health and Safety Code (SHSC) governing the dates of term of office of members appointed to the Board of Trustees, the City Council may consider reappointing Trustee Delgado or appointing a new trustee for a two or four-year term of the office, commencing at noon on the first Monday of January (i.e., January 1, 2024).

RECOMMENDED ACTION: Staff recommends City Council consider reappointing Trustee Hector Delgado to a two or four-year term commencing on January 1, 2024.

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-111,

ADOPTING A PEPPER SPRAY POLICY

Staff is requesting the City Council consider adopting a pepper spray policy that allows for the use of pepper spray by code enforcement and public safety officers in certain limited self-defense situations. If this policy is approved by the City Council, city management will complete a required meet and confer with the bargaining unit for code enforcement officers. Next, code enforcement and public safety officers would receive training before being authorized to carry pepper spray.

RECOMMENDED ACTION: Staff has identified the following options for City Council consideration:

1. Consider adopting Resolution No. 23-111, adopting a policy allowing city code enforcement officers to receive training to carry and use pepper spray in certain limited self-defense situations;

2. Not approve the Pepper Spray Policy; or

3. Continue the item and provide additional directions for staff.

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 CHURCH REQUESTING A FEE

WAIVER FOR A TEMPORARY USE PERMIT AND CITY STAFF TIME

FOR THEIR ANNUAL OUR LADY OF GUADALUPE PILGRIMAGE
WALK

Epiphany Church is requesting a fee waiver for a Temporary Use Permit (TUP) and City staff time dedicated to public safety support for its annual pilgrimage walk during the "Our Lady of Guadalupe" processions, scheduled from Sunday, December 3, 2023, through Monday, December 11, 2023.

RECOMMENDED ACTION: Staff recommends City Council to discuss and consider approving the fee waiver request submitted by Epiphany Catholic Church, totaling $3,053.

12. COUNCILMEMBERS’ AGENDA

12.a. MAYOR GLORIA OLMOS

1. Palm Tree Lights in the City
RECOMMENDATION: Discussion and/or action.

2. Safety Precautions on Michael Hunt/Pennmar and
Fawcett/Santa Anita
RECOMMENDATION: Discussion and/or action.

13. CLOSED SESSION

13.a. PUBLIC EMPLOYEE PERFOMANCE EVALUATION
Pursuant to Government Code Section 54957(b)
Title: City Clerk

14. RECESS COUNCIL MEETING

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

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

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

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

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

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

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

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR OCTOBER 24, 2023

Staff is requesting approval of the Minutes of the October 24, 2023 Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of October 24, 2023.

20. EXECUTIVE DIRECTOR'S AGENDA

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING
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 DATE.

City Clerk, CMC

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Presentation by Senator Susan Rubio on Legislative Updates for the Year
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Updated Senator Susan Rubio Presentation to SGV and Inland Empire local governments 11.20.23

Senator Susan Rubio
Legislative Updates for the
San Gabriel Valley
and Inland Empire

Delivering Millions of Dollars to the
San Gabriel Valley / Inland Empire
• Since being elected in 2018,
delivered more than $130 Million
for San Gabriel Valley & Inland
Empire communities
• $36 Million – San Gabriel Valley Regional Housing Trust • $25 Million – Community Center
• $10 Million – Supporting Teachers
• $5 Million – Workforce Development
• $3 Million – Protecting Abuse and Trafficked Children • Building Community Parks

15 Senate Bills
Signed by
Governor
Newsom
in 2023

2023 District Budget Wins:
• $1 million to the San Gabriel Valley
COG to support community policing,
homelessness outreach and
supportive services
• $8.5 million to establish the College of
Health & Community Well-Being in
Ontario
• $2.5 million to establish Small
Business Entrepreneurship Center at
East LA College to support local cities
• $500,000 for local law enforcement to
support community public safety
efforts

Keeping Families Safe & Supporting
Domestic Violence Victims
• Fighting the Fentanyl Crisis
• AB 701 - Increased Penalties for Selling Fentanyl
• Investing in Law Enforcement
• Secures $5 Million for Local Law Enforcement Agencies • Keeping Children Safe From Sex Trafficking & Sexual Abuse • SB 14 - Holding Predators Accountable
• SB 545 - Protecting Children Victims Fall Prey to Abusers & Committed Crimes as Minors
• SB 376 - Human Trafficking Right to Advocate
• Keeping Families Safe From Domestic Violence
• SB 331 - Piqui’s Law
• SB 273 - Phoenix Act
• SB 1141 - Coercive Control
• SB 459 - Sam Sisters Law
• SB 914 - HELP Act: State Funds Homeless Victims of DV • SB 316 - Hotline ID Cards

Funding Foothill Gold Line Extension
& Transportation Projects in SGV
• Overall $33.2 billion for
transportation-related
programs in 2023-24
• As Chair of SGV Caucus,
secured funding for LA Metro
to use on Foothill Gold Line
extension
• Protected funding for public
transit, making $5.1 billion
available for capital and
operations.

Reducing Gun Violence
& Passing Common Sense Gun Reforms
As part of the Legislative Gun Violence
Working Group, coauthored several
important bills to reduce gun violence
including:
• SB 2 – Working to take away guns from
dangerous people.
• AB 28 – Fund school safety and violence
prevention programs
Continues to Champion Women’s Issues
• SB 848 – Reproductive Loss Leave
• SB 729 – Health Coverage Fertility
Treatment
• SCA 10 – Enshrine Women’s Rights in
California Constitution

Addressing Climate Change
• $12 million – Climate Change Resiliency and
Water Treatment & Water Conservation Projects
• SB 867 – Clean Energy Bond Act of 2024
• $75 million for the San Gabriel Mountains River
Conservancy
• Water Cleanup Programs
• $1.25 billion for climate & energy programs
• Infrastructure streamlining bill package to meet
climate goals
• Accelerating Critical Transportation Infrastructure
Projects, Saving Taxpayer Dollars and Time
• Creates Construction J0bs for Disadvantaged
Communities
• Establishes Contracting and Enforcement Strategies
to complete water projects more efficiently

Questions? Contact My Office
Capitol Office
1021 O Street, Suite 8710
Sacramento, CA 95814
Phone: (916) 651-4022
Fax: (916) 651-4922
9 Ontario District Office
1520E N. Mountain Ave., Suite 201
Ontario, CA 91762
Phone: (909)460-6064
Fax: (909)460-6066
West Covina District Office
100 S. Vincent Ave, Ste. 401
West Covina, CA 91790
Phone: (626) 430-2499

THANK YOU!

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificates of Recognition Presented to the South El Monte Jets Jr. Pee Wee Football League for Winning the Baseline League Championships, along with Receiving the Team Sportsmanship Award
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Presentation of Plaques to Magellan Value Partners, Vacco Industries, Mayans Development, Office of Supervisor Hilda Solis, and the Office of Assemblymember Lisa Caldero for their Participation and Donations of Turkeys to the South El Monte Community Alliance Church Turkey Basket Giveaway
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Presentation of Plaque to Pastor Charlie Corum of South El Monte Community Outreach for Hosting the South El Monte Community Alliance Church Turkey Basket Giveaway
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Presentation by Jessica Alvarenga, Director of Government Affairs, Athens Services, on Positive Objective Updates SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. SoElMo CC Update

01 athensservices.com
South El Monte
Jessica Alvarenga
Government Affairs Director
November 28,2023

02 Table Of Contents

2. Lid Flippers

1. Meet the Team

3. Compost Giveaways

7. Contact Us
athensservices.com

4. Stats

5. Bulky Items

6. Christmas Tree Pickup

Meet the Team
03 athensservices.com
Jessica Alvarenga
Director, Government Affairs
Sam Pena
Manager, Government Affairs
David Miramontes
Route Supervisor, South El Monte

Lid Flipper
04 Due to SB 1383, municipalities are
required to monitor and audit separation
of organics waste from trash.

The Lid Flippers are designed to help
identify and reduce contamination by
allowing drivers to sit on the right-hand
side of the vehicle to flip lids and check
for contamination.

With the addition of the Lip Flipper
vehicles, Athens will not only help
communities reduce contamination but
also meet new recycling laws from the
state.
04 athensservices.co
m

1. Driver sits on the right-
hand of the vehicle

2. Flips the lid of
the container

3. Checks for
contamination

Compost Giveaways
05 Spring and Fall Compost Event
⚬ April
⚬ 20 tons of compost
⚬ November
⚬ 40 tons of compost
athensservices.com

Statistics
06 athensservices.com
475 bulky item calls YTD 4,826.95 tons diverted YTD

Bulky Items
07 • Up to three calls per year
• Pickup on collection day
• Three community-wide clean
ups per year
• Report abandoned bulky items
athensservices.com

Holiday Services
08 • Trash service will be delayed one day
• Christmas tree pickup begins the day
after Christmas
• Ends third Saturday after Christmas
• Counts as a bulky item if brought out
after allotted timeframe
• Free for single family and multi-family residences
athensservices.com

09 Contact Us
Customer Service
(888) 336-6100
athensservices.com
Social Media
@athensservices

10 THANK
YOU
athensservices.com

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Sheriff's Department Report for the Month of October SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. SoElMo_oct23 (1)

South El Monte
October 2023
Crime Statistics

South El Monte
Part I Crime Statistics – October 2019-2023
South El Monte 1 yr % change 4 yr % change
Homicide 0% NC
Rape -60% -67%
Aggravated Assault -33% 34%
Robbery 14% -14%
Burglary -27% 86%
Theft 3% 37%
Grand Theft Auto -30% 6%
Arson 200% 50%
Total -16% 36%
South El Monte 1 yr % change 4 yr % change
Homicide 0% 0%
Rape -60% -71%
Aggravated Assault -20% 28%
Robbery 10% 7%
Burglary -19% 105%
Theft -4% 35%
Grand Theft Auto -29% 25%
Arson 200% 0%
Total -15% 43% Page 37 of 206
South El Monte
Part I Crime Statistics – October 2019-2023

South El Monte
Part I Crime Statistics – Monthly Breakdown 2023
& Arrests
2023 515
2022 645
Arrests
834
1021
South El Monte
Res Burg 25
Other Burg 176
Petty Theft 80
Grand Theft 123
Theft from Vehicle 88
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 1 0 0 0 0 0 0 1
Rape 0 0 0 1 0 0 0 1 0 0 2
Aggravated Assault 6 4 5 7 8 2 4 7 13 3 59
Robbery 3 4 3 2 4 2 1 5 3 5 32
Burglary 24 11 27 21 22 13 22 19 20 22 201
Theft 27 32 41 21 29 36 33 28 27 18 292
Grand Theft Auto 18 15 8 7 13 11 11 7 11 14 115
Arson 0 2 0 0 0 1 0 0 0 0 3
Total 78 68 84 60 76 65 71 67 74 62 0 0 705

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: Code Enforcement and Public Safety Department Report for the Month of October
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. 4.g. Placeholder

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: Code Enforcement and Public Safety Department Report for the Month of October
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. 4.g. Placeholder - ATTACHMENT A

ATTACHMENT A
Report for the Month of October
AVAILABLE MONDAY, NOVEMBER 26, 2023

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 14, 2023
SUMMARY: Staff is requesting approval of Minutes for the November 14, 2023 Regular City Council meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the November 14, 2023, Regular City Council meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Meeting Minutes 11-14-23

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, November 24, 2023 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 PM.

1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Masami Higa, Director of Finance; Guillermo Arreola, Director of Community Development; John Poehler, Director of Public Works; Ariana De La Cruz, Director of Community Services, and Robert Molina, Interim Deputy City Clerk.

STAFF ABSENT: Paola Lara, Deputy City Clerk and Iyob Tessema, Interim Director of Human Resources & Risk Management.

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

2. PLEDGE OF ALLEGIANCE – Mayor Pro Tem Angel, led the Pledge of Allegiance.

3. INVOCATION – Dr. Humberto Ramos, Epiphany Catholic Church, offered the Invocation.

4. PRESENTATIONS

4.a. Mayor Olmos and City Council presented a proclamation to Sandy Ross, President of California Protective Parents Association, Proclaiming November as " Family Court Awareness Month."
Mayor Olmos requested General Business item 9.a. be heard at this time. Council concurred.

GENERAL BUSINESS

9.a. CONSIDERATION AND APPROVAL OF THE CITY'S 2024 SPECIAL

EVENTS CALENDAR
Mayor Olmos announced the item and Ariana De La Cruz, Director of Community Services presented the staff report.

Council requested two days for the 4th of July event. One on Saturday, June 29, 2023, and one on the day of 4th of July.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve the City's 2024 Special Events Calendar as amended. Motion passed 5-0, by the following vote: Vote next page.

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

PRESENTATIONS (CONTINUED)

4.b. Masami Higa, Director of Finance provided a presentation with a PowerPoint on the Fiscal Year 2023-24 1st Quarter Ended 9/30/23 Financial Update.

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

ORDINANCES
Anthony R, Taylor, City Attorney announced a walk-on item under “Councilmembers’ Agenda” as item 12.b. Councilmember Bojorquez as:

Discussion and action/approval to invite the Valle Lindo School District on the City’s Christmas Drive around town event.

Mr. Taylor also noted a correction to the Minutes of 10-24-23 under Councilmembers’ Agenda, Councilmember Delgado, correcting Government Code Section to 820.9 through 820.4.

A motion was made by Councilmember Delgado, seconded by Councilmember Bojorquez to approve the agenda as amended. 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. Edwarda Sauceda, resident, commented on the following: the conversion of Patrero School for women and children, acknowledging Ms. Clementina Burnals, Rustic and Chic violation, and transients digging in trash cans.

There being no more speakers, Mayor Olmos closed public comment.

7. CONSENT CALENDAR
A motion was made by Councilmember Bojorquez, seconded by Councilmember Delgado to approve Consent Calendar as amended. 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

7.a. Approved the Minutes of the October 24, 2023, Regular City Council meeting.

7.b. Adopted Resolution 23-101, authorizing payment of City expenditures for the period of October 25, 2023, through November 14, 2023, totaling $1,603,041.78.

7.c. Authorized to seek Request for Proposal (RFP) from qualified firms to provide Citywide Traffic Signal Maintenance Services.

7.d. Approved construction bid package and authorized to advertise for construction bids for the Aquatics Center Swimming Pool Replastering Project.

7.e. Approved finding that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required, adopted Resolution No. 23-102, awarding awarding a Professional Services Agreement to West Coast Arborists, Inc. for Tree Maintenance Services in the amount of $900,000 and authorized the City Manager or designee to negotiate and execute the agreement.

7.f. Approved finding that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required, adopted Resolution No. 23-103, awarding a PSA to LOC Architects for Architectural Design Services for New Temple Park Multi-Purpose/ Community Room, Snack Bar, and Restroom
Rehabilitation in the amount of $138,400.00 and authorize the Mayor or designee to negotiate and execute the agreement.

7.g. Adopted Resolution No. 23-105, authorizing the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of city facilities.

CONSENT CALENDAR (CONTINUED)

7.h. Rejected the one bid received and approved readvertising Request for Proposal (RFP) for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation.

7.i. Authorized to seek Request for Proposal (RFP) from qualified firms for Janitorial Maintenance Services.

7.j. Adopted Resolution No. 23-106, authorizing submittal of the grant application to the CalRecycle SB 1383 Local Assistance Grant Program and related authorizations and authorized City Manager or designee to execute all documents as the signature authority.

8. PUBLIC HEARINGS

8.a. CITY COUNCIL APPEAL OF PLANNING COMMISSION'S ACTION ADOPTING PC RESOLUTION NO. 23-04 APPROVING CONDITIONAL
USE PERMIT NO. 23-03 FOR A SPECIAL EVENT FACILITY (RUSTIC & CHIC) LOCATED AT 1703 FLORADALE AVENUE
Mayor Olmos announced the item and opened the public hearing and public comment.

Public Comment

1. Edwarda Sauceda, resident, commented on the event business, location, parking, ABC license not obtained, next to a church and school yard, why not a non-profit, the appeal, code of ethics to run a business, should have processed the right way, consultant firm, merging with church, obstruction of city hall, and find a resolution.

There being no more speakers, Mayor Olmos closed public comment.

Mayor Olmos introduced Guillermo Arreola, Director of Community Development who presented the staff report.

Discussion ensued between Councilmember Delgado, staff and applicant (Sandra and John Mendez) with questions and concerns with business being conducted during process of the Conditional Use Permit (CUP), payment of citations, question of involvement by elected officials regarding process of a school permit/contract.

Motion by Councilmember Acosta, seconded by Mayor Pro Tem Angel to affirm the decision by the Planning Commission to grant the CUP. Motion passed 3-2, by the following vote:

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

9. GENERAL BUSINESS
Item 9.a. was heard during PRESENTATIONS.

9.a. CONSIDERATION AND APPROVAL OF THE CITY'S 2024 SPECIAL

EVENTS CALENDAR

9.b COUNCIL TO REVIEW AND SELECT AN OPTION FOR THE ENERGY

EFFICIENCY AND MECHANICAL ENERGY EFFICIENCY PROJECT

FOR CITY FACILITIES
Mayor Olmos announced the item and Rene Salas, City Manager presented the staff report.

Councilmember Delgado suggested a budget adjustment and tapping into reserves to proceed with scope of work. Mayor Pro Tem Acosta and Councilmember Acosta agreed with Councilmember Delgado.

Motion by Councilmember Delgado, seconded by Mayor Pro Tem Angel to proceed with the original scope of work, previously approved on July 25, 2023, which covers all designated centers, to make a budget adjustment and look into utilizing reserve funds. 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 ORDINANCE NO. 1270 OF THE SOUTH EL MONTE CITY COUNCIL AMENDING CHAPTER 5.09
OF TITLE 5 OF THE SOUTH EL MONTE MUNICIPAL CODE THEREBY AMENDING THE CITY’S SIDEWALK VENDING REGULATIONS IN

RELATION TO REQUIREMENTS WHEN VENDING, INCLUDING

REQUIRED DISTANCE BETWEEN VENDORS, KEEPING SIDEWALKS

CLEAR OF OBSTRUCTIONS AND COOKING WASTE, RESTRICTIONS

ON COOKING WITHOUT REQUIRED LA COUNTY HEALTH PERMIT,

AND DOCUMENTS REQUIRED WHILE VENDING
Mayor Olmos announced the item and Anthony Taylor, City Attorney presented the staff report and noted the correction of the year on the ordinance.

Motion by Councilmember Delgado, seconded by Councilmember Acosta to find that the amended ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3) and based on the analysis provided in the attached ordinance; waive first reading and introduce Ordinance No. 1270 and set said ordinance for adoption at the next regular city council meeting. 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 he attended the City’s Fall Festival event, Epiphany Church Car Show, and the City’s Veterans Day event.

Councilmember Bojorquez announced he attended the City’s Halloween luncheon and costume contest at the Senior Center, and the City’s Veterans Day event.

Councilmember Delgado announced he attended the Los Angeles County Vector Control Board meeting where one of the topics was the Asian Tiger Mosquito and encouraged the public to be mindful.

Mayor Pro Tem Angel announced he attended the City’s Halloween luncheon and costume contest at the Senior Center, the City’s Veterans Day event and the Epiphany Church Car Show.

Mayor Olmos congratulated Councilmember Acosta for graduating from the WELL UnTapped Fellowship Program along with Senator Rubio and Assembly Member Blanca Rubio and President Doctor Sabrina Bow with Azusa Unified School District, announced she attended the City’s Halloween luncheon and costume contest at the Senior Center, the City’s Veterans Day event and the Epiphany Church Car Show. Thanked all Veterans and their families for serving, announced SEACCA still adopting pets and have started the Pets for Vets program and that the Sanitation District is having boat rides.

11. CORRESPONDENCE

11.a. CONSIDERATION AND APPROVAL OF RESOLUTION 23-107,

CASTING VOTE(S) FOR COUNCILMEMBER TO REPRESENT CITIES

WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF

THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY (WQA)
Mayor Olmos announced the item.

Motion by Councilmember Acosta, seconded by Mayor Pro Tem Angel to adopt Resolution No. 23-107, casting vote(s) for Councilmember Valerie Munoz to represent cities without prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority. 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

12. COUNCILMEMBERS’ AGENDA

12.b. heard before 12.a.

12.b. COUNCILMEMBER BOJORQUEZ

1. Discussion and action/approval to invite the Valle Lindo School District on the City’s Christmas Drive around town event.

Councilmember Bojorquez asked Council to consider inviting Valle Lindo School District on the City’s drive around town event.

Councilmember Acosta, Mayor Pro Tem Angel and Mayor Olmos feel this event was original a City event and should be reserved for just Council noting that there would be extra costs involved for additional items/equipment/staff if other persons were added.

12.a. MAYOR GLORIA OLMOS

1. Discussion on waiving any potential fines or penalties that Rustic & Chic receives, if any, between when the Planning Commission issued their CUP on October 17, 2023 through November 14, 2023 should the City Council affirm the decision of the Planning Commission at the public hearing (item 8.a).

Mayor Olmos clarified not all fees are trying to be waived but if any fees were received during the time noted after the Planning Commission approved the CUP if those fees could be waived, City is here to be business friendly not to shut them down. Mayor asked Council if this is ok.

Councilmember Acosta agreed with Mayor Olmos.

Councilmember Delgado feels if these fees are waived it will set a precedent and wants businesses to comply.

Guillermo Arreola, Director of Community Development stated there were no citations issued during the time noted, only lack of payment of previously issued citations and late fees. Sandra and John Mendez (Applicant) did pay one of the prior citations with associated late fee in the amount of $4,691.25, which includes processing fees. Total amount of remaining citations to be paid is $12,000.

Mayor Olmos requested the item be tabled for further research.

Anthony Taylor, City Attorney pointed out the ordinance on the appeal process is unclear with this type of issue, and probably a good reason to continue the item to research it more in this particular situation.

13. CLOSED SESSION
At 7:43 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.

13.a CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) - (One Case) Civil Action No. 2:23-cv-04022-SCW(MRWx): Phillip Killgore v. CITY OF SOUTH EL MONTE, a municipal corporation; GARVEYKCVN HOLINDGS LLC; AND DOES 1-10 INCLUSIVE
At 8:08 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.

Anthony R. Taylor, City Attorney, announced City Council discussed Item 13.a. there is no reportable action.

14. ADJOURNMENT
There being no further business coming before this body, at 8:09 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, November 28, 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: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-108, APPROVING WARRANTS FOR THE PERIOD OF
NOVEMBER 15, 2023, THROUGH NOVEMBER 28, 2023
SUMMARY: Authorizing payment of City expenditures for the period of November 15, 2023 through November 28, 2023 totaling $1,477,738.52
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23- 108, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. RESOLUTION NO. 23-108
B. 112823 Warrant Register

ATTACHMENT A

RESOLUTION NO. 23-108

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF NOVEMBER 15, 2023, THROUGH NOVEMBER
28, 2023, TOTALING $1,477,738.52.

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 23/24 Electronic Warrants 11/15/23-11/28/23 DFT0001208-1239 $133,920.01 FY 23/24 Regular Warrants 11/15/23-11/28/23 13279-13360 $1,199,641.40 Payroll Check PPE 11/11/23 1642-1657 $7,904.39
Payroll Direct Deposit PPE 11/11/23 5251-5350 $136,272.72 TOTAL EXPENDITURES RESOLUTION NO. 23-108 $1,477,738.52
PASSED, APPROVED, AND ADOPTED this 28th day of November 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. 23-108, 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 28th day of November 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

Vendor Name Amount

01.0100.1040.5922 EPIPHANY CATHOLIC SCHOOL 13279 11/09/2023 SPONSORSHIP- EPIPHANY 3RD ANNUAL OKTOBERFEST01.0000.0000.2230 NATIONWIDE RETIREMENT SOLUTIONS 13280 11/09/2023 PPE 10/28/2301.0000.0000.2270 STATE OF CA FRANCHISE TAX BOARD 13281 11/09/2023 A.R GARNISHMENT PPE 10/2/2301.0170.1720.5520 A & R SAFE & LOCK CORP. 13282 11/22/2023 DUPLICATE KEYS MADE44.0800.8010.5525 A.C LOCK & KEY 13283 11/22/2023 #29 KEY FOB REPLACEMENT01.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 13284 11/22/2023 NOV'23 CLOUD SVCS01.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 13284 11/22/2023 NOV'23 OFFICE 36501.0130.1330.5215 ADVANCED MICROCOMPUTING CONCEPTS,INC 13284 11/22/2023 NOV'23 MANAGED SVCS01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 GENERAL01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 SPECIAL PJTS01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 LITIGATION01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 PERSONNEL01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 PLANNING01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 PUBLIC WORKS- ENGINEERING01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 FINANCE01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 CODE ENFORCEMENT01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 HOUSING01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 REIMBURSABLE01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 ADDITIONAL SVCS01.0100.1030.5215 ALESHIRE & WYNDER, LLP 13286 11/22/2023 OCT'23 ADDITIONAL SVCS68.0900.9000.5968 ALL AMERICAN ASPHALT 13287 11/22/2023 CON SEP'23 C-WIDE REHAB PJT #62868.0900.9000.5968 ALL AMERICAN ASPHALT 13287 11/22/2023 5% RETEN CON SEP'23 REHAB PJT #62801.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 FILE HOLDER RETURN CREDIT01.0100.1050.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 OFFICE SUPPLIES01.0170.1720.5520 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 UTILITY SINK/ YARD01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 SAFETY HELMETS01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 UNIFORM RETURN CREDIT01.0151.1543.5952 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 CHRISTMAS PALM TREES01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 PRINTER & OFFICE SUPPLIES01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 PW SAFTEY HARD HATS01.0110.1170.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 CROSSING GUARD GEAR01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 PRINTER RETURN CREDIT01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 DEPT SUPPLIES/ YARD01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 AFTER SCHOOL PRGM SUPPLIES01.0150.1515.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 PATRIOTIC COMM SUPPLIES01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 AFTER SCHOOL PRGM SUPPLIES01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 USA STICKERS-SAFETY HATS01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 SAMPLE UNIFORM RETURN CREDIT01.0130.1310.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 FINANCE OFFICE SUPPLIES01.0170.1020.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 FILE FOLDER HOLDER RETURN CREDIT01.0170.1720.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 OFFICE SUPPLIES RETURN CREDIT01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 FALL CAMP PRGM SUPPLIES

ATTACHMENT B
184.69

29.01 (21.16)(44.09)(18.60)

42.6371.7063.55
(65.05)

99.16 265.73182.84
1,396.56

38.57 143.59
(18.73)
1,855.20
(25.30)

44.44 568.86919.67
934,248.18
(46,712.41)
232.00
4,251.007,736.601,568.20
580.00
2,294.404,907.794,089.005,036.02
14,447.25
5,502.001,102.00
434.50750.00
5,653.009,280.00

8.15 186.32
Warrant Register
South El Monte, CA Council Meeting 11/28/23
Account Number Payment Number Payment Date Description (Item) 500.00

01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 AFTER SCHOOL PRGM SUPPLIES

01.0110.1170.5956 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 CROSSING GUARD GEAR01.0170.1020.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 IPHONE PROTECTION SCREEN GLASS01.0150.1540.5431 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 AFTER SCHOOL PRGM SUPPLIES02.0170.1760.5962 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 HANDHELD LEAFBLOWER01.0100.1050.5406 AMAZON CAPITAL SERVICES, INC 13288 11/22/2023 OFFICE SUPPLIES01.0150.1540.5431 AQUA PURE DRINKING WATER 13289 11/22/2023 NOV'23 WATER SVCS/ CCTR01.0170.1020.5956 ARAMARK UNIFORM SERVICES, INC 13290 11/22/2023 STAFF UNIFORMS/ PW01.0151.1543.5952 AUDOORMATICS USA, INC 13291 11/22/2023 ROPE LIGHTS/ CHRISTMAS PALMS01.0170.1770.5525 AUTOZONE 13292 11/22/2023 LTT#1 & 2 PM SERVICE01.0170.1770.5525 AUTOZONE 13292 11/22/2023 #27 PM SERVICE01.0151.1542.5499 BROTHERS AWARDS & TROPHIES 13293 11/22/2023 MEDALS/ THANKSGIVING BOXING SHOWS01.0151.1541.5430 BSN SPORTS LLC 13294 11/22/2023 YOUTH BASEKETBALL SUPPLIES01.0140.1440.5215 BUREAU VERITAS NORTH AMERICAN INC. 13295 11/22/2023 SEPT'23 BLDG DEPT/ PERMIT TECH SVCS01.0130.1330.5215 CALIFORNIA COMMUNICATION 13296 11/22/2023 11/1-12/1 WIRLESS BRIDGE01.0100.1050.5936 CONCENTRA 13297 11/22/2023 OCT'23 NEW HIRE PHYSICAL01.0150.1510.5204 DAVID MAI 13298 11/22/2023 NOV'23 COMM SVCS COMMISSION MTG01.0151.1543.5952 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 BLACK TAPE01.0151.1542.5952 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRICAL SUPPLIES/ NIGHT MARKET01.0151.1543.5952 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRICAL SUPPLIES/ NIGHT MARKET02.0170.1760.5540 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 LIGHT/ 60 FWY OVERPASS01.0160.1650.5520 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 FUSES & HOCKWIRE FIELD LIGHTS/ NTP01.0160.1610.5520 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRIAL SUPPS FOR BOX/ SKATE PARK01.0170.1710.5520 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRICAL SUPPLIES/ CHALL01.0170.1720.5520 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRICAL SUPPLIES/ CAMERA JUNCT BOX01.0151.1543.5952 DDC ELECTRIC SUPPLY, INC. 13299 11/22/2023 ELECTRICAL SUPPLIES CREDIT/ NIGHT MARKET01.0100.1050.5934 DEPT. OF JUSTICE-ACCOUNTING OFFICE 13300 11/22/2023 OCT'23 FINGERPRINTS01.0170.1770.5525 DWS TIRES 13301 11/22/2023 #17 RIGHT FRONT TIRE RPLCMT44.0800.8010.5525 DWS TIRES 13301 11/22/2023 #6 2 REAR TIRE SENSORS01.0160.1620.5520 ECOLAB PEST ELIM. DIVISION 13302 11/22/2023 9/27/23 PEST CONTROL/ SCTR01.0160.1620.5520 ECOLAB PEST ELIM. DIVISION 13302 11/22/2023 9/27/23 PEST CONTROL/ SCTR01.0160.1610.5520 ECOLAB PEST ELIM. DIVISION 13302 11/22/2023 10/31/23 PEST CONTROL/ CCTR01.0170.1710.5520 ECOLAB PEST ELIM. DIVISION 13302 11/22/2023 10/31/23 PEST CONTROL/ CHALL01.0170.1020.5406 EL MONTE PRINTING 13303 11/22/2023 CITY STICKY LABELS01.0100.1010.5912 EM/SEM CHAMBER OF COMMERCE 13304 11/22/2023 11/1/23 BUSINESS LUNCHEON02.0170.1760.5540 EWING IRRIGATION 13305 11/22/2023 DURFEE CTR/ MEDIAN REPAIRS01.0160.1630.5520 EWING IRRIGATION 13305 11/22/2023 IRRIGATION REPAIRS/ MCTR01.0160.1620.5520 EWING IRRIGATION 13305 11/22/2023 POTTING SOIL/ SCTR01.0170.1770.5525 FORD OF MONTEBELLO 13306 11/22/2023 #17 BROKEN TAIL LIGHT RPLCMT15.0450.4510.6025 GAME TIME 13307 11/22/2023 LABOR AND MATERIAL CHARGES/ MVD/NTP PLYGRND01.0150.1510.5204 GERARDO DIAZ 13308 11/22/2023 NOV'23 COMM SVCS COMMISSION MTG01.0170.1770.5525 GOT PROPANE INC 13309 11/22/2023 11/15 FORKLIFT PROPANE01.0100.1050.5215 GOVERNMENT STAFFING SERVICES, INC. 13310 11/22/2023 10/23-11/2/23 MUNI TEMP SVCS/ HR ANALYST01.0100.1050.5215 GOVERNMENT STAFFING SERVICES, INC. 13310 11/22/2023 10/23-11/2/23 MUNI TEMP SVCS/ HR DIRECTOR01.0160.1650.5520 GRANT'S TRUE VALUE HARDWARE 13311 11/22/2023 PARTS TO RELOCATE HOSE/ NTP01.0160.1640.5425 HASA INC. 13312 11/22/2023 9/11 CHEMICAL DELIVERY01.0160.1640.5425 HASA INC. 13312 11/22/2023 10/18 CHEMICAL DELIVER Y

01.0160.1640.5425 HASA INC. 13312 11/22/2023 10/30 CHEMICAL DELIVER Y

01.0000.0000.4554 HEATHER YSAGUIRIE 13313 11/22/2023 11/4/23 MVD COMM ROOM/ DEPOSIT RFND01.0150.1510.5204 HELIODORO DUARTE, JR 13314 11/22/2023 NOV'23 COMM SVCS COMMISSION MTG01.0150.1510.5204 HORTENCIA VASQUEZ 13315 11/22/2023 NOV'23 COMM SVCS COMMISSION MTG44.0800.8040.5555 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 BUSSHELTER ROSEMEAD/GARVEY REPAIRS 246.83

50.00 100.00
100.00337.70607.39503.50
5,700.00
10,375.00

29.66 100.00

39.65 314.37
9,286.00
205.60359.99140.93208.00496.13

48.00 295.00312.30

74.02 416.00245.03276.25

98.6557.74
(46.31)

30.05 112.74

68.3838.15
1,429.03
127.97680.00235.00100.00176.00
1,294.212,437.50
992.05153.72

47.1271.0932.92
623.49

38.86 126.77214.73165.36

30.27

01.0170.1710.5520 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 SUPPLIES/ FLAG STANDS

01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 CABLES PLASTIC COATED/ KRUSE01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 CABLE CLIPS/ KRUSE01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 CABLE 3/16 PLASTIC CODED/ KRUSE01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 BUNGEE BALL/ KRUSE01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 METAL SHEET & PUNCHED HOLES/ KRUSE01.0160.1610.5520 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 REBAR/ CCTR01.0151.1543.5952 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 SHEET METAL/ KRUSE01.0160.1610.5520 INDUSTRIAL PIPE & STEEL 13316 11/22/2023 WELDING SUPPLIES/ CCTR01.0150.1510.5204 INGRID AGUILAR 13317 11/22/2023 NOV'23 COMM SVCS COMMISSION MTG02.0170.1760.5540 JCL TRAFFIC SERVICES 13318 11/22/2023 TIME LIMIT PARKING SIGNS01.0160.1650.5520 JCL TRAFFIC SERVICES 13318 11/22/2023 SIGNS/ NTP01.0160.1650.5520 JCL TRAFFIC SERVICES 13318 11/22/2023 PARK SIGNS/ NTP02.0170.1760.5540 JCL TRAFFIC SERVICES 13318 11/22/2023 STEET SIGNS STRAPS & ANCHORS01.0151.1543.5952 JCL TRAFFIC SERVICES 13318 11/22/2023 CHALK/ TURKEY TROT02.0170.1760.5540 JHM SUPPLY 13319 11/22/2023 DURFEE/PECK MEDIAN IRRA REPAIR01.0140.1475.5255 JOHN L. HUNTER AND ASSOCIATES, INC. 13320 11/22/2023 AUG'23 IW PRGM SVCS70.0900.9020.5215 JOHN L. HUNTER AND ASSOCIATES, INC. 13320 11/22/2023 AUG'23 NDPES PRGM SVCS25.0550.5510.5215 JOHN L. HUNTER AND ASSOCIATES, INC. 13320 11/22/2023 AUG'23 USED OIL RECYCLING SVCS01.0000.0000.4250 KIMBERLY CIVITA 13321 11/22/2023 PLANNING REVIEW RFND/ COM-ALT-23-02601.0170.1720.5520 L.A. COUNTY FIRE DEPARTMENT 13322 11/22/2023 FY 23-24 HAZ MAT PRGM/ YARD01.0160.1640.5520 L.A. COUNTY FIRE DEPARTMENT 13322 11/22/2023 FY 23-24 -HAZ MAT PRGM/ POOL01.0151.1543.5952 LAB1419 13323 11/22/2023 5K TURKEY DASH T-SHIRTS01.0151.1543.5952 MARIA PAYAN 13324 11/22/2023 TAMALES/ TREE LIGHTING EVENT01.0170.1770.5525 MORENO AUTO BODY REPAIR INC. 13325 11/22/2023 #3 RIGHT REAR BUMPER TAIL LIGHT01.0130.1310.5906 MOSS, LEVY & HARTZHEIM, LLP 13326 11/22/2023 AUDIT FIELDWORK- YEAR END 6/30/2301.0000.0000.4554 NADIA LOPEZ 13327 11/22/2023 11/5/23 MVD COMM ROOM/ DEPOSIT RFND01.0100.1010.5406 OFFICE DEPOT 13328 11/22/2023 COUNCIL SUPPLIES01.0100.1020.5405 OFFICE DEPOT 13328 11/22/2023 ADMIN SUPPLIES01.0100.1020.5405 OFFICE DEPOT 13328 11/22/2023 ADMIN SUPPLIES01.0100.1040.5931 PAGEFREEZER SOFTWARE INC 13329 11/22/2023 NOV'23-NOV'24 PUBLIC RCRDS COMPLNCE/ SOCL MEDIA01.0151.1543.5952 PARTY PRONTO 13330 11/22/2023 VETERANS DAY EVENT-EQUIP RENTAL01.0151.1543.5952 PARTY PRONTO 13330 11/22/2023 10/31/23 HARVEST FESTIVAL EQUIPMENT RENTALS01.0151.1543.5952 PARTY PRONTO 13330 11/22/2023 5K TURKEY DASH-EQUIP RENTAL01.0140.1430.5215 PLACER LABS INC. 13331 11/22/2023 OCT'23-OCT'24 ACCESS PROFESSIONAL MARKETING DATA01.0160.1610.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ CCTR01.0160.1620.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ SCTR01.0160.1630.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ MCTR01.0160.1640.5520 POST ALARM SYSTEMS 13332 11/22/2023 11/1-11/30 ALARM POOL01.0160.1650.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ NTP01.0160.1670.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ MVD01.0170.1710.5520 POST ALARM SYSTEMS 13332 11/22/2023 11/1-11/30 ALARM CHALL01.0170.1720.5520 POST ALARM SYSTEMS 13332 11/22/2023 NOV'23 ALARM SVCS/ YARD01.0160.1620.5520 PREMIER JANITORIAL SERVICES 13333 11/22/2023 TOILET TISSUE DISPENSERS/ SCTR01.0170.1020.5956 RED DOT UNIFORMS 13334 11/22/2023 FY 23-24 UNIFORMS44.0800.8010.5982 REGIONAL TAP SERVICE CENTER 13335 11/22/2023 AUG'23 BUS PASSES44.0800.8010.5982 REGIONAL TAP SERVICE CENTER 13335 11/22/2023 SEPT'23 BUS PASSES44.0800.8010.5982 REGIONAL TAP SERVICE CENTER 13335 11/22/2023 OCT'23 BUS PASSES01.0000.0000.4554 ROSA RODRIGUEZ 13336 11/22/2023 11/12/23 MVD COMM ROOM/ DEPOSIT RFND01.0100.1050.5934 ROXANA TADEO 13337 11/22/2023 OCT'23 LIVESCAN REIMBURSEMENTS01.0151.1541.5215 SAUL GUARDADO 13338 11/22/2023 11/2/23 BBALL OFFICIALS01.0130.1310.5280 SECTRAN SECURITY INC. 13339 11/22/2023 NOV'23 ARMORED SVCS 191.16

50.00 300.00165.00
112.96112.96

80.64 138.60639.45
10,739.96
103.76103.76133.10

49.8649.8649.86
903.00
25,000.00

49.86 4,585.00

18.69 2,350.00
942.00

50.0032.30

6.37 1,125.00
750.00
15,000.00
1,919.00
620.00
2,918.873,577.00
535.00105.00127.60257.00
6,776.00
984.81611.67
1,572.55
110.53100.00680.79126.69

31.9696.1410.80
429.98

7.18 11.58
667.01

01.0100.1020.5912 SGV CITY MANAGERS' ASSOCIATION 13340 11/22/2023 11/15/23 LUNCH MTG/ CM

02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 DRAIN PIPE RUSH/COGSWELL02.0170.1760.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 DURFEE MEDIAN REPAIRS02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 DURFEE MEDIAN CAP RETURN CREDIT02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 DURFEE MEDIAN REPAIRS02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 DURFEE MEDIAN WATER LINE COVERS02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 ASPHALT CITYWIDE01.0160.1650.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 SAND/ NTP MAIN FIELD01.0160.1650.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 SAND/ NTP MAIN FIELD01.0170.1710.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 REDBAR/ CHALL FLAG01.0160.1660.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 SAND/ SHIVLEY01.0160.1660.5520 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 SAND/ SHIVELY01.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 SAND/ FIRE STATION02.0170.1760.5540 SOUTHEAST CONSTRUCTION PRODUCTS,INC 13341 11/22/2023 ASPHALT REPAIR DURFEE RD/ST MNTC01.0170.1770.5525 SOUTHERN TIRE MART LLC 13342 11/22/2023 TIRES/ GATOR01.0130.1310.6115 STATE OF CALIFORNIA 13343 11/22/2023 SOLAR LOAN PAYMENT #011-13-ECD01.0170.1770.5525 STOTZ EQUIPMENT 13344 11/22/2023 BRAKE PADS01.0170.1770.5525 STOTZ EQUIPMENT 13344 11/22/2023 J-1 WATER PUMP & THERMOSTAT06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 MULTI GRAIN FIBER & ROLLS/ CI & CII NUTR PRGM06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 MULTI GRAIN FIBER & ROLLS/ CI & CII NUTR PRGM06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 WEEKLY BREAD/ CI & CII NUTR PRGM06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 WEEKLY BREAD/ CI & CII NUTR PRGM06.0300.3010.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 CORN TORTILLAS/ CI & CII NUTR PRGM06.0300.3020.5430 SUPERIOR WAREHOUSE GROCERS 13345 11/22/2023 CORN TORTILLAS/ CI & CII NUTR PRGM06.0300.3010.5430 SYSCO FOOD SERVICES OF LOS ANGELES 13346 11/22/2023 FOOD & FOOD SUPP/ CI NUTR PRGM17.0900.9020.6025 THE ENERGY COALITION 13347 11/22/2023 JULY-SEPT'23 CONTRACT SVCS17.0900.9020.6025 THE ENERGY COALITION 13347 11/22/2023 JULY-SEPT'23 10% RETENTION01.0100.1040.5921 THE SAUCE CREATIVE SERVICES CORP. 13348 11/22/2023 DEC'23 NEWSLETTER/ FLYER UPDATED01.0100.1040.5921 THE SAUCE CREATIVE SERVICES CORP. 13348 11/22/2023 NOV'23 NEWSLETTER01.0100.1020.5215 TOWNSEND PUBLIC AFFAIRS 13349 11/22/2023 NOV'23 CONSULTING SVCS01.0170.1720.5420 UNISHIELD 13350 11/22/2023 FIRST AID SUPPLIES/ YARD01.0170.1710.5420 UNISHIELD 13350 11/22/2023 FIRST AID SUPPLIES/ CHALL01.0160.1610.5420 UNISHIELD 13350 11/22/2023 FIRST AID SUPPLIES/ CCTR01.0151.1543.5952 VULCAN MATERIALS COMPANY 13351 11/22/2023 SUPPLIES/ ASPHALT KRUSE01.0170.1710.5520 WATER CHEMISTS,DIV. OF CCI CHEMICAL 13352 11/22/2023 NOV'23 H2O TREATMENT01.0170.1740.5435 WAXIE SANITARY SUPPLY 13353 11/22/2023 JANITORIAL SUPPLIES01.0170.1740.5435 WAXIE SANITARY SUPPLY 13353 11/22/2023 JANITORIAL SUPPLIES01.0150.1530.5908 WENDY CAYCO 13354 11/22/2023 11/1-11/2/23 CAL ACT CONFERENCE MILEAGE REIMB44.0800.8010.5908 WENDY CAYCO 13354 11/22/2023 11/1-11/2/23 CAL ACT CONFERENCE MILEAGE REIMB01.0150.1530.5952 WINNER INTERNATIONAL INC. 13355 11/22/2023 BALLOONS & TABLE CLOTH/ VETERANS DAY LUNCHEON01.0000.0000.4554 XUI LIU 13356 11/22/2023 10/28/23 DAMAGE DEPOSIT RFND/ MVD COMM ROOM01.0000.0000.2245 CALIFORNIA TEAMSTERS LOCAL 911 13357 11/22/2023 NOV'23 ADMIN01.0000.0000.2245 CALIFORNIA TEAMSTERS LOCAL 911 13357 11/22/2023 NOV'23 MISC01.0000.0000.2230 NATIONWIDE RETIREMENT SOLUTIONS 13358 11/22/2023 PPE 11/11/2301.0000.0000.2270 STATE OF CA FRANCHISE TAX BOARD 13359 11/22/2023 A.R GARNISHMENT PPE 11/11/2301.0000.0000.2240 VONS CREDIT UNION 13360 11/22/2023 PPE 11/11/2301.0000.0000.2240 VONS CREDIT UNION 13360 11/22/2023 PPE 10/28/2301.0000.0000.2225 AFLAC WORLDWIDE HEADQUARTERS DFT0001208 11/01/2023 OCT'23 INSURANCE02.0170.1760.5550 ATHENS SERVICES DFT0001209 11/16/2023 NOV'23 SWEEPER SVCS01.0000.0000.2020 CALPERS RETIREMENT DFT0001210 11/03/2023 PPE 10/28/23 RATE PLAN 2721601.0000.0000.2020 CALPERS RETIREMENT DFT0001210 11/03/2023 PPE 10/28/23 RATE PLAN 68501.0000.0000.2020 CALPERS RETIREMENT DFT0001210 11/03/2023 PPE 10/28/23 RATE PLAN 23047 1,990.62 6,140.00
14,609.50
9,409.44

46.5046.50
1,322.84
550.00
9,155.00

8.15 64.9950.00
1,344.001,118.49

99.7233.24
700.80200.00
8,266.10
219.56212.18162.40125.00
6,299.416,750.00
445.31
5,030.00
(503.00)

2.79 50.22

5.58 25.14
1,053.50

99.8219.97
297.97
67,479.57
206.49159.99159.99

94.32 159.99

1.38 159.99

83.79 652.22159.99181.42
(83.79)

41.9035.0049.39

01.0000.0000.2205 DEPARTMENT OF THE TREASURY DFT0001211 11/03/2023 PPE 10/28/23 FEDERAL

01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0001211 11/03/2023 PPE 10/28/23 FICA01.0000.0000.2215 DEPARTMENT OF THE TREASURY DFT0001211 11/03/2023 PPE 10/28/23 MEDICARE01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0001212 11/03/2023 PPE 10/28/23 UI TAX WTHD'G01.0000.0000.2030 EMPLOYMENT DEVELOPMENT DEPT. DFT0001212 11/03/2023 PPE 10/28/23 TNG TAX WTHD'G01.0000.0000.2210 EMPLOYMENT DEVELOPMENT DEPT. DFT0001212 11/03/2023 PPE 10/28/23 STATE WTHD'G01.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0001213 11/03/2023 CASE 20000000216399001.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0001213 11/03/2023 CASE 145731301.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0001213 11/03/2023 CASE 20000000213528901.0000.0000.2270 EXPERT PAY - STATE DISBURSEMENT UNIT DFT0001213 11/03/2023 CASE 098043801.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SMALL LEVEL/ NIGHT MARKET01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 HOLE SAW/ NIGHT MARKET01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SUPPLIES/ KRUSE PJT01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SLURRY SEAL/ KRUSE PJT01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 TOOL- SHEET METAL/ KRUSE PJT01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SLURRY DEAL BUCKETS/ KRUSE PJT01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SUPPLIES/ NIGHT MARKET01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 KRUSE BARN PJT SUPPLIES01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SUPPLIES/ KRUSE PJT01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 LIGHTS/ NIGHT MARKET01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 LIGHTS/ NIGHT MARKET01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 ELECTRICAL SUPPLIES/ KRUSE FEED01.0151.1543.5952 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 KRUSE BARN PJT SUPPLIES01.0160.1610.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 A/C COIL CLEANER/ CCTR01.0160.1620.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 PICTURE FRAM HANGING KITS01.0170.1020.5406 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 TAPE/ SHERIFF BOXES01.0170.1020.5406 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 TAPE/ SHERIFF BOXES01.0170.1020.5406 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 TAPE/ SHERIFF BOXES RETURN CREDIT01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 MUNUMENT WALL LETTERING SUPPLIES01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 MONUMENT WALL LETTERING SUPPLIES01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 PLANTS & FLOWERS/ CHALL01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 RESTROOM SUPPLIES/ CHALL01.0170.1710.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 PLANTS & LANDSCAPE TOOLS/ CHALL01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 CONNECT SCANNER SUPPLIES01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 DAWN DISH SOAP01.0170.1720.5520 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 HOSE KITCHEN SPRAY HEAD01.0170.1740.5435 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 MOSQUITO CANDLES01.0170.1760.5540 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 STREET MAINTENANCE SUPPLIES01.0170.1760.5540 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 DUCT TAPE01.0170.1760.5545 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 SPRAY PAINT/ GRAFFITI REMOVAL01.0170.1760.5962 HOME DEPOT CREDIT SERVICES DFT0001214 10/26/2023 ST DEPT SUPPLIES01.0170.1770.5950 JCB FINANCE, PROG. BANK OF THE WEST DFT0001215 11/16/2023 NOV'23 TRACTOR LEASE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001216 11/08/2023 9/21-10/24/23 1556 IRRG CENTRAL01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001217 11/15/2023 11/1-12/1/23 1415 N SANTA ANITA01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001218 11/15/2023 11/1-12/1/23 1900 N CENTRAL01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001219 11/08/2023 9/21-10/24/23 1402 IRR LERMA01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001220 11/08/2023 9/21-10/24/23 1450 LIDCOMBE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001221 11/08/2023 9/21-10/24/23 1819 CENTRAL01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001222 11/08/2023 9/21-10/24/23 1450 LIDCOMBE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001223 11/08/2023 9/21-10/24/23 1500 CENTRAL01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001224 11/08/2023 9/21-10/24/23 1341 ISLAND/SANTA ANITA

01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001225 11/08/2023 9/21-10/24/23 1530 IRRG CENTRAL 445.44 3,211.67
757.91

42.98 3,015.52
323.70625.11414.19

72.29 108.44

70.3892.68
1,694.67
150.06376.13219.18

61.6247.7824.1490.7959.7051.70
(327.44)

97.5039.6029.68
579.34849.54166.27562.21

29.04 476.03147.04237.38369.70270.63

79.35 1,732.27

19.81 1,100.661,732.27
780.50150.00

24.22 6,062.35
359.00402.50
6,156.06
448.13

22.41 18,364.7625,349.92

01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001226 11/08/2023 9/21-10/24/23 1415 IRRG SANTA ANITA

01.0170.1730.5705 SO CAL GAS DFT0001227 11/07/2023 9/29-10/30/23 1415 SANTA ANITA AVE01.0000.0000.2224 WASHINGTON NATIONAL INSURANCE CO DFT0001228 11/03/2023 NOV'23 SUPPLEMENTAL LIFE INSURANCE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001229 11/22/2023 10/10-11/7/23 1926 IRR DURFEE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001230 11/22/2023 10/10-11/7/23 2018 DURFEE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001231 11/22/2023 10/10-11/7/23 1903 IRRIG DURFEE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001232 11/22/2023 10/10-11/7/23 11016 GOMEZ PALACIO01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001233 11/23/2023 10/11-11/8/23 1450 LIDCOMBE AVE01.0170.1730.5720 SAN GABRIEL VALLEY WATER DFT0001234 11/23/2023 10/11-11/8/23 1675 IRRIG DURFEE02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0001235 11/15/2023 10/1-10/31/23 STREET LIGHTS02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0001236 11/15/2023 10/1-10/31/23 STREET LIGHTS02.0170.1760.5725 SOUTHERN CALIFORNIA EDISON DFT0001237 11/15/2023 10/1-10/31/23 STREET LIGHTS01.0170.1730.5710 SOUTHERN CALIFORNIA EDISON DFT0001238 11/15/2023 10/1-10/31/23 2028 CENTRAL AVE02.0170.1760.5966 US BANK VOYAGER FLEET SYS DFT0001239 11/15/2023 9/25-10/23/23 FUEL-CITY TRANSPORTATION Grand Total
229.22
7,857.27
1,333,561.41
3,709.171,872.335,242.51
159.56136.78

27.36 218.90996.01387.50228.01773.53342.65

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-109, AWARDING A PROFESSIONAL SERVICES
AGREEMENT (PSA) TO TRANSTECH ENGINEERS, INC. FOR

PROFESSIONAL CIVIL ENGINEERING SERVICES
SUMMARY: Staff seeks City Council approval to award a Professional Services Agreement (PSA) to Transtech Engineers, Inc for Professional Civil Engineering Services.

RECOMMENDED ACTION: Staff recommends City Council:

1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;

2. Adopt Resolution No. 23-109, awarding a PSA to Transtech Engineers, Inc. for Professional Civil Engineering Services in the amount of $1,035,840 for the 3 year contract term and including $1,500,000 for project Design, Management and Construction/Inspections services as needed for a grand total of $2,535,840 ; and

3. Authorize the City Manager or designee to negotiate and execute the agreement.

ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.

Entering into an agreement for civil engineering services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.

FISCAL/FINANCIAL IMPACT: The total contract amount for the three-year term will not exceed $2,535,840, with an annual cap of $845,280 per fiscal year. In the approved budget for FY 2023/24, funding of $461,00 has been allocated. Staff recommends approving an additional $384,280 from the city's general fund balance and existing annual transit funding allocations.

DISCUSSION: On September 12, 2023, the City Council authorized staff to issue a Request For Proposal (RFP) for Professional Civil Engineering Services seeking proposals from qualified engineering firms to provide engineering services for various projects and programs on an “as-needed” basis to ensure the City’s Infrastructure Projects are executed efficiently and effectively to cater to the evolving needs of the community.

On September 14, 2023, the City released an RFP for Professional Civil Engineering Services. The deadline for submission of responses was set for October 16, 2023 at 4:00 p.m. Two (2) consultants submitted proposals: Onward Engineering and Transtech Engineers, Inc. The proposals were evaluated based on the established criteria identified in the RFP including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.

Staff reviewed the proposals and determined that the proposal from Transtech Engineers, Inc. was the most qualified. The proposal from Transtech demonstrated a comprehensive understanding of the required services and their submission showcased extensive experience in similar projects including management support services, administration of capital improvement programs, administration of land development, transportation engineering services, general civil engineering services and functions.

Transtech also demonstrated that their strong presence in the San Gabriel Valley, offering similar services to neighboring cities such as Temple City, Rosemead, Alhambra, West Covina, Monterey Park, El Monte, San Marino, La Canada Flintridge, Irwindale, South Pasadena, Montebello, Azusa and Diamond Bar. Transtech also has extensive experience working on projects with METRO, Caltrans and Los Angeles County.

Since April 2018, Transtech’s Engineering team has successfully managed twenty four (24) Capital Improvement Programs for the City of South El Monte, with a total project cost of $37 million. Additionally, they have collaborated with City staff to identify and prepare competitive grant applications, covering various areas such as traffic signal improvements and pedestrian safety enhancements, with a cumulative value exceeding $3 million.

Transtech is also deeply committed to giving back to the community. It is actively engaged in youth empowerment initiatives and workshops aimed at encouraging middle school and high school students to pursue higher education and careers in STEM-related fields, like engineering. Transtech also supports civic and community activities, demonstrating their commitment to the progress, health, and well-being of the communities they serve. Its goal is not just to serve as an engineering consultant, but to also actively partner with their clients, to further enhance the City’s reputation as an ideal community to live, invest, work, and play in.

Staff recommends awarding the Professional Services Agreement for Professional Civil Engineering Services to Transtech Engineers, Inc. The Professional Services Agreement is for a term of two (2) years and seven (7) months, starting November 28, 2023 through June 30, 2026. The City retains the sole discretion to renew for up to two (2) additional one-year terms from July 1st through June 30th.

Staff report prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

A. Resolution No. 23-109, PSA to Transtech for Civil Engineering Services B. Scope of Services and Schedule of Compensation Engineering Services South El Monte
C. DRAFT Professional Services Contract

ATTACHMENT A
RESOLUTION NO. 23-109

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING THE CONTRACT TO TRANSTECH ENGINEERS,

INC FOR PROFESSIONAL CIVIL ENGINEERING SERVICES FOR

THE CITY OF SOUTH EL MONTE
WHEREAS, the City solicited bids through a Request for Proposal ("RFP") for Professional Civil Engineering Services on September 13, 2023 with a due date of October 12, 2023 ; and
WHEREAS, the City received two (2) proposals from Onward Engineering and Transtech Engineers, Inc.; and
WHEREAS, after reviewing the proposals submitted for the work to be performed pursuant to the RFP, City staff determined and City Council hereby finds that Transtech Engineers, Inc., is well qualified and exceeds the requirements set forth in the RFP; and WHEREAS, the contract amount will not exceed $2,535,840 during the three (3) year contract term with a $845,280 not-to-exceed amount per fiscal year.

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

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

SECTION 2. The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for civil engineering services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.

SECTION 3. Upon reviewing the bids submitted for the work to be performed pursuant to contract, the City Council hereby finds that Transtech Engineers, Inc. has submitted the best responsive bid for Professional Civil Engineering Services.

SECTION 4. The City Council hereby authorizes and directs the City Manager to execute a professional services agreement with Transtech Engineers, Inc. for Professional Civil Engineering Services, subject to review and approval by the City Attorney as to form, and consistent with the scope of the City Council’s approval of this matter as set forth in the staff report including all contingency amounts and necessary approvals by the City for the work herein.

The Council further directs the City Manager to take all actions necessary to effectuate the agreement as set forth herein.

SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this 28th day of November 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. 23-10 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 28th day of November 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

EXHIBIT A - SCOPE OF SERVICES
Consultant will perform the following Services:

A. City Engineering and Traffic Engineering Services
a. Engineering Services. Consultant will provide general civil engineering services and functions, which includes, but is not limited to, the following: providing counter staff support and responding to inquiries at the engineering counter; issuing permits for various approved land development projects performing work in the City’s public rightof-way; reviewing plans form utility companies and issuing utility permits; responding to contractors, engineers, or architects and providing various requested engineering information; responding to telephone inquiries from the general public and providing solutions to issues; address public requests; conduct field visits for various land development projects and provide conditions for approval; and provide cost estimates for various projects or off-site improvements.
b. Management Support Services. Consultant will provide management support services to the Director of Public Works on an as needed basis. This includes, but is not limited to the following tasks: working alongside Director of Public Works to promote the goals of the City’s Public Works Department; managing assigned staff in order to ensure that all assigned tasks are performed and completed in a timely manner; present and prepare weekly status reports for selected City Staff; monitor city projects and programs to ensure compliance; develop agenda items for presentation to the City Council; and, at the direction of the Director of Public Works, attend City meetings. c. Transport Engineer Services. Consultant will provide transportation engineering services which includes, but is not limited to, the following: managing transportation related issues that arise; responding to inquiries regarding transportation and traffic; and cooperating with City staff to accomplish Public Works goals. d. Capital Improvement Program Administration. Consultant will provide services related to the administration of the City’s capital improvement program. This includes, but is not limited to, preparation of a scope of work for the design phase of City Projects; obtain all necessary funding approvals for projects; participate in preconstruction meetings; coordinate bid processes with the City Clerk; provide budgetary cost estimate for various projects to be included in the budget; review designs and provide technical comments; and monitor construction schedules.

The following is the anticipated/average contract hours for City Engineering and Traffic Engineering Services. These positions will be a combination of on-site and off-site hours to provide the requested City Engineering and Traffic Engineering services. The below hours are average and can be adjusted as needed:
• City Engineer - 8 hours per week
• Senior Associate Civil Engineer - 8 hours per week
• Traffic/Transportation Engineer/Analyst - 8 hours per week • Associate Engineer - 24 hours per week

B. On-Call Capital Improvements Project Design, Project Management, Construction Management and Inspection, Federal/Labor Compliance Services Prior to the initiation of these services, Consultant shall submit to the Contract Officer a work proposal, containing the rates, schedule, and proposed work associated with the work. Consultant will only begin these services with a work proposal and written approval by the Contract Officer. o Scope and Fee will be based on each project’s specifics and requirements and approved by the City.
o Fees will be in compliance with the ranges established by Caltrans/LAPM/Industry Standards, which are generally in the range of 7% to 12% for Design Phase Services and 10% to 15% for Construction Phase Services.
o Calculation of fees may be based on time and material and/or % complete basis of specific project tasks and/or calculated based on Transtech’s current Standard Hourly Rates. o When a project requires 3rd party specialty services, Transtech will obtain proposals and fees from 3rd party service providers. Transtech has long working relationship with various 3 rd party specialty services providers, and depending on the specifics of a project and subject to costs and City’s review and approval.

These services will include:
a. Prepare project plans, bid specifications, and Notice Inviting Bids; b. Conduct pre-bid meetings;
c. Respond to inquiries and prepare addendums to bid specifications as needed; d. Conduct bid opening and bid analysis;
e. Prepare staff reports and other documents as may be needed for contract approval f. Perform construction management and inspection;
g. Monitor labor compliance;
h. Prepare contract change orders;
i. Review project invoices for accuracy and contract compliance; j. Prepare staff reports and other documents as may be needed for project acceptance; k. Maintain all project documents and files on behalf of City; l. When applicable, work with City’s grant administrator on grant-funded projects to prepare additional paperwork as necessary for grant compliance.

C. Plan Check Services.

Consultant will review building and development plans for conformance with the California Building, Electrical, Plumbing and Mechanical Codes (the “Codes”), the California Energy Standards, City ordinances and other requirements as set by City Departments, as well as arranging for reviews by other responsible agencies, as appropriate. Consultant shall provide all plan check comments in typed format for all initial and subsequent plan reviews.

D. Land Development Services.

Consultant will provide services relating to the administration of the City’s land development program. Services pertaining to this function include, but are not limited to, coordinating the review of all land development projects; conducting land development inspections; setting development

conditions for the planning commission or the City Council’s consideration; coordination of public improvements for various private developments; working closely with the planning staff to review the development projects and programs; coordinate and report all project approvals and schedules with the Public Works Director; and respond to the public’s inquiries related to various engineering requirements for development projects.

EXHIBIT B – SCHEDULE OF COMPENSATION
Consultant shall perform the following tasks at the following rates:

Services Provided Annual Budget
A. City Engineering and Traffic Engineering Services $345,280 (See below detailed breakdown)
B. On-Call Capital Improvements Project Design, Project Management, Construction Management and Inspection,
Federal/Labor Compliance Services
Per approved work proposal
(See below detailed
breakdown)
C. Plan Check Services Percentage of plan check
fees collected (See below
detailed breakdown)
D. Land Development Services Percentage of plan check
fees collected (See below
detailed breakdown)
A. City Engineering and Traffic Engineering Services Fee Breakdown The following is the anticipated/average contract hours for City Engineering and Traffic Engineering Services. These positions will be a combination of on-site and off-site hours to provide the requested City Engineering and Traffic Engineering services. The below hours are average and can be adjusted as needed:
• City Engineer - 8 hours per week
• Senior Associate Civil Engineer - 8 hours per week
• Traffic/Transportation Engineer/Analyst - 8 hours per week • Associate Engineer - 24 hours per week
Based on the above specified positions and hours, following is the fee breakdown. The proposed rates below are discounted special rates for the proposed positions with the specified hours.

Monthly
Hours
Monthly
Billing
Amount
Annual
Hours
Annual
Billing
Amount
City Engineer
This is a discounted special rate applicable to this
classification (even though standard hourly rate for City Engineer acting in the specified capacity is higher) when he/she serves in this capacity for the requested 8
hours/week average. (This service maybe provided in a
combination of on-site and off-site depending on the
work load and type of work needed. The on-site time,
when needed, will be limited to max. 1 day a week.)
$170 8.0 34.7 $5,893 416.0 $70,720
Sr. Associate Civil Engineer
This is a discounted special rate applicable to this
classification (even though standard hourly rate for Sr.

Associate Civil Engineer acting in the specified capacity is higher) when he/she serves in this capacity for the
requested 8 hours/week average. (This service will be
mainly off-site. When needed on occasion, the service
may include on-site time, when necessary.)
$150 8.0 34.7 $5,200 416.0 $62,400
Traffic and Transportation Engineer/Analyst
This is a special rate applicable to this classification (even though standard hourly rate for Traffic and
Transportation Engineer/Analyst acting in the specified capacity is higher) when he/she serves in this capacity for the requested 8 hours/week average. (This service will be mainly off-site. When needed on occasion, the service
may include on-site time, when necessary.)
$150 8.0 34.7 $5,200 416.0 $62,400
Associate Engineer
This is a special rate applicable to this classification (even though standard hourly rate for Associate Engineer acting in the specified capacity is higher) when he/she serves in this capacity for the requested 24 hours/week average.
(This service will be mainly on-site. However, when
feasible, some service hours maybe provided off-site
depending on the work load and type of work needed.)
$120 24.0 104.0 $12,480 1,248.0 $149,760
208.0 $28,773 2,496.0 $345,280
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long BeachAnaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Monthly Hours and
Billing Averages
Annual Hours and
Billing Averages
Monthly Hours and
Billing Averages
Annual Hours and
Billing Averages
Totals
Staff Classifications/Hrs/Rates/Billing Table
Special
Billing
Rate
Weekly
Hours
(Average)

B. On-Call Capital Improvements Project Design, Project Management, Construction Management and Inspection, Federal/Labor Compliance Services Fee Breakdown Prior to the initiation of these services, Consultant shall submit to the Contract Officer a work proposal, containing the rates, schedule, and proposed work associated with the work. Consultant will only begin these services with a work proposal and written approval by the Contract Officer. o Scope and Fee will be based on each project’s specifics and requirements and approved by the City.
o Fees will be in compliance with the ranges established by Caltrans/LAPM/Industry Standards, which are generally in the range of 7% to 12% for Design Phase Services and 10% to 15% for Construction Phase Services.
o Calculation of fees may be based on time and material and/or % complete basis of specific project tasks and/or calculated based on Transtech’s current Standard Hourly Rates.

When a project requires 3rd party specialty services, Transtech will obtain proposals and fees from 3 rd party service providers. Transtech has long working relationship with various 3rd party specialty services providers, and depending on the specifics of a project and subject to costs and City’s review and approval.

C. Plan Check Services Fee Breakdown
Building Plan Reviews
Percentage of the Plan Check Fees 65% of all plan check fees per City’s Fee Resolution Scaled Permit Fee Table-Plan
Check fees.

Additional reviews beyond 2 reviews $136/hr.

Electrical, Mechanical, Plumbing Plan Reviews $136/hr.

Minimum Plan Review Fee $271/hr.

Where no fees collected for plan check or permits, the hourly standard rates shall be applicable.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPIU”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

All other services shall be per Transtech Schedule of Hourly Rates.

D. Land Development Services Fee Breakdown
As part of the Land Development Services, consultant is to collect the fees associated with the plan checks. Consultant is to be reimbursed from said fees, with the Consultant receiving 70% of the fees, and the City receiving the remaining 30%. Where no fees collected for plan check or permits, the hourly standard rates shall be applicable.

Following is Transtech’s fee schedule for all staff classifications:

Field Technician $85 - $95 Labor Compliance Analyst $145 - $155 Engineering Technician $95 - $105 Funds Coordinator $150 - $160 Assistant CAD Drafter $105 - $120 Office Engineer $145 - $155 Senior CAD Drafter $120 - $135 Construction Inspector $140 - $150 Associate Designer $135 - $150 Senior Construction Inspector $150 - $160 Senior Designer $150 - $165 Construction Manager $170 - $185 Design Project Manager $190 - $200 Resident Engineer $185 - $200 Assistant Engineer $115 - $125
Associate / Staff Engineer $145 - $160 Public Works Inspector $140 - $150 Senior Civil Engineer $200 - $220 Senior Public Works Inspector $150 - $160 Traffic Analyst Technician $100 - $110 Supervising PW Inspector $160 - $170 Associate Traffic Analyst $150 - $160
Senior Traffic Analyst $160 - $170 Survey Analyst $150 - $155 Professional Transportation Planner $170 - $185 Senior Survey Analyst $155 - $160 Traffic Engineer Technician $95 - $105 2-Man Survey Crew $345 - $360 Associate/Staff Traffic Engineer $145 - $160 Survey & Mapping Specialist $185 - $200 Traffic Engineer $170 - $185 Licensed Land Surveyor $210 - $220 Senior Traffic Engineer $185 - $205
Project Manager $185 - $205 Funds Analyst $145 - $150
Senior Project Manager $205 - $220 Senior Funds Analyst $150 - $160 Deputy City Engineer $170 - $190 Grant Writer $165 - $170 City Engineer $190 - $205 Funds & Grant Project Manager $185 - $195 Principal Engineer $205 - $225
Community Development Technician $80 - $90
Permit Technician $75 - $85 Planning Technician $90 - $100 Plan Check Technician/Analyst/Supervisor $125 - $140 Assistant Planner $100 - $120 Building Inspector $115 - $130 Associate Planner $120 - $140 Senior Inspector $125 - $140 Senior Planner $145 - $165 Plans Examiner/Checker $140 - $155 Planning Manager $170 - $190 Plan Check Engineer $150 - $170
Deputy Building Official $160 - $170 Administrative/Clerical $70 - $80 Building Official $165 - $180 Project Accountant $80 - $90 TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: July 1, 2023 - June 30, 2024
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FUNDING & GRANT WRITING

PLANNING

ADMINISTRATIVE STAFF

SURVEY AND MAPPING

PUBLIC WORKS INSPECTION

BUILDING & SAFETY

ENGINEERING CONSTRUCTION MANAGEMENT

ATTACHMENT C
01257.0006/937323.2

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
TRANSTECH ENGINEERS, INC.

01257.0006/937323.2 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
TRANSTECH ENGINEERS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 28th day of November, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and TRANSTECH ENGINEERS, INC., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
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.

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.

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

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

01257.0006/937323.2 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.

01257.0006/937323.2 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 Two Million Five Hundred Thirty-Five Thousand Eight Hundred Forty Dollars ($2,535,840.00) (the “Contract Sum”), and not exceed Eight Hundred Forty-Five Thousand Two Hundred Eighty ($845,280.00) per fiscal year unless additional compensation is approved pursuant to Section 1.8.

01257.0006/937323.2 4

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.

01257.0006/937323.2 5
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

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 three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) 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:

01257.0006/937323.2 6

(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 John Poehler Public Works Director, 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.

01257.0006/937323.2 7

4.4 Independent Consultant.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

01257.0006/937323.2 8
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.
(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

01257.0006/937323.2 9
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 non-contributory 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 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.

01257.0006/937323.2 10
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (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.

01257.0006/937323.2 11
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:

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;
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;
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.

01257.0006/937323.2 12
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

01257.0006/937323.2 13
“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.

01257.0006/937323.2 14
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.

01257.0006/937323.2 15

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 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $500.00 (Five Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 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.

7.9 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

01257.0006/937323.2 16
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.

7.10 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.

01257.0006/937323.2 17
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, 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, 1415 Santa Anita Avenue, South El Monte, California 91733 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.

01257.0006/937323.2 18
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 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

01257.0006/937323.2 19
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]

01257.0006/937323.2 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

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

TRANSTECH ENGINEERS, INC., a California
corporation
By:

Name:

Title:

By:

Name:

Title:

Address:

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

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

01257.0006/937323.2

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.

I. Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01257.0006/937323.2

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.

II. Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01257.0006/937323.2 A-1
EXHIBIT “A”

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

A. Management Support Services: The assigned City Engineer is expected to provide management support services to the Director of Public Works on an as needed basis. This includes, but is not limited to the following tasks: working alongside Director of Public Works to promote the goals of the City' s Public Works Department; managing assigned staff in order to ensure that all assigned tasks are performed and completed in a timely manner; present and prepare weekly status reports for selected City Staff, monitor city projects and programs to ensure compliance; develop agenda items for presentation to the City Council; and, at the direction of the Director of Public Works, attend City meetings.

B. Administration of the City' s Capital Improvement Program: The assigned engineering staff shall provide services related to the administration of the City' s capital improvement program. This includes, but is not limited to, preparation of a scope of work for the design phase of City Projects; obtain all necessary funding approvals for projects; participate in preconstruction meetings; coordinate bid processes with the City Clerk; provide budgetary cost estimate for various projects to be included in the budget; review designs and provide technical comments; and monitor construction schedules.

C. Administration of the City' s Land Development Program: The assigned engineering staff shall provide services relating to the administration of the City' s land development program. Services pertaining to this function include, but are not limited to, coordinating the review of all land development projects; setting development conditions for the planning commission or the City Council' s consideration; coordination of public improvements for various private developments; working closely with the planning staff to review the development projects and programs; coordinate and report all project approvals and schedules with the Public Works Director; and respond to the public' s inquiries related to various engineering requirements for development projects.

D. Provide Transportation Engineering Services: The assigned engineering staff shall also provide transportation engineering services which includes, but is not limited to, the following: managing transportation related issues that arise; responding to inquiries regarding transportation and traffic; and cooperating with City staff to accomplish Public Works goals.

E. General Civil Engineering Services and Functions: The assigned engineering staff is expected to provide general civil engineering services and functions, which includes, but is not limited to, the following: providing counter staff support and responding to inquiries at the engineering counter; issuing permits for various

01257.0006/937323.2 A-2
approved land development projects performing work in the City' s public rightof-way; reviewing plans form utility companies and issuing utility permits; responding to contractors, engineers, or architects and providing various requested engineering information; responding to telephone inquiries from the general public and providing solutions to issues; address public requests; conduct field visits for various land development projects and provide conditions for approval; and provide cost estimates for various projects or off-site improvements.

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

A. Status reports and studies due upon City’s request.

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. Status reports due upon City’s request.

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. Consultant shall use qualified and professional personnel to accomplish the Services.

01257.0006/937323.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Not Applicable

01257.0006/937323.2 C-1
EXHIBIT “C”

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

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: July 1, 2023 - June 30, 2024
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.

The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long BeachAnaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S.

Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

ENGINEERING CONSTRUCTION MANAGEMENT
Field Technician $85 - $95 Labor Compliance Analyst $145 - $155 Engineering Technician $95 - $105 Funds Coordinator $150 - $160 Assistant CAD Drafter $105 - $120 Office Engineer $145 - $155 Senior CAD Drafter $120 - $135 Construction Inspector $140 - $150 Associate Designer $135 - $150 Senior Construction Inspector $150 - $160 Senior Designer $150 - $165 Construction Manager $170 - $185 Design Project Manager $190 - $200 Resident Engineer $185 - $200 Assistant Engineer $115 - $125 PUBLIC WORKS INSPECTION
Associate / Staff Engineer $145 - $160 Public Works Inspector $140 - $150 Senior Civil Engineer $200 - $220 Senior Public Works Inspector $150 - $160 Traffic Analyst Technician $100 - $110 Supervising PW Inspector $160 - $170 Associate Traffic Analyst $150 - $160 SURVEY AND MAPPING Senior Traffic Analyst $160 - $170 Survey Analyst $150 - $155 Professional Transportation Planner $170 - $185 Senior Survey Analyst $155 - $160 Traffic Engineer Technician $95 - $105 2-Man Survey Crew $345 - $360 Associate/Staff Traffic Engineer $145 - $160 Survey & Mapping Specialist $185 - $200 Traffic Engineer $170 - $185 Licensed Land Surveyor $210 - $220 Senior Traffic Engineer $185 - $205 FUNDING & GRANT WRITING Project Manager $185 - $205 Funds Analyst $145 - $150
Senior Project Manager $205 - $220 Senior Funds Analyst $150 - $160 Deputy City Engineer $170 - $190 Grant Writer $165 - $170 City Engineer $190 - $205 Funds & Grant Project Manager $185 - $195 Principal Engineer $205 - $225 PLANNING
BUILDING & SAFETY Community Development Technician $80 - $90 Permit Technician $75 - $85 Planning Technician $90 - $100 Plan Check Technician/Analyst/Supervisor $125 - $140 Assistant Planner $100 - $120 Building Inspector $115 - $130 Associate Planner $120 - $140 Senior Inspector $125 - $140 Senior Planner $145 - $165 Plans Examiner/Checker $140 - $155 Planning Manager $170 - $190 Plan Check Engineer $150 - $170 ADMINISTRATIVE STAFF
Deputy Building Official $160 - $170 Administrative/Clerical $70 - $80 Building Official $165 - $180 Project Accountant $80 - $90

01257.0006/937323.2 C-2
I. 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 1.8.

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. The Consultant is responsible for submitting written notice to the City upon the exhaustion of 85% of contractual funds

01257.0006/937323.2 D-1
EXHIBIT “D”

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

Services to be performed on an “as-needed” basis or otherwise upon City’s request.

II. Consultant shall deliver the following tangible work products to the City by the following dates:

A. Status reports and studies due upon City’s request.

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

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-110, APPROVING AMENDEMENT NO. 13 TO
AGREEMENT ENP202110 WITH THE COUNTY OF LOS

ANGELES FOR THE ELDERLY NUTRITION PROGRAM

SERVICES
SUMMARY: The City's Elderly Nutrition Agreement Amendment No. 13 will allow the City to receive additional funding from the County, allocated supplemental California Department of Aging ("CDA") American Rescue Plan Act ("ARPA") funding, for Fiscal Year (FY) 2023-2024.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-110, approving Amendment No. 13 to the existing agreement Subaward Number ENP202110 with the County of Los Angeles; and

2. Authorize the City Manager or designee to execute the agreement.

FISCAL/FINANCIAL IMPACT: Amendment No. 13 will provide grant funding in an amount not-to-exceed $317,600.00 for the FY 2023-24 Elderly Nutrition Program. This amendment adds an additional grant funding of $9,600.00 from CDA ARPA, $4,800.00 for congregate meals and $4,800.00 for home - delivered meals. The General Fund's match on this additional funding is 12%, which is 3% lower than the 15% match required on the base contract.

DISCUSSION: The City has provided lunch meals for seniors over the age of 60 and disabled individuals through the Congregate Meals Program and Home Delivered Meals Program (collectively “Programs”) for more than 20 years. The Elderly Nutrition Program is administered under the guidelines of the Federal Older Americans Act, which offers meals that meet USDA dietary guidelines and are offered at the Senior Center and to home-bound individuals. Although the programs do not require participants to pay for meals, a donation ranging between $1.75 – $3.00 per meal is appreciated.

The County contributes to the City’s Elderly Nutrition Program Services, which offers lunch meals to seniors and provides an important opportunity for social contact and targets seniors most in need. The Congregate Meals Program serves meals in a group setting at the South El Monte Senior Center and meals are coordinated with other social services such as transportation, educational presentations, health screenings, and recreation and wellness programs. This valuable program not only delivers a daily nutritious meal, but also serves as a mechanism to check up on the client, thereby providing an additional safety inspection and furthering the ability for him or her to continue to age in place.

On October 13, 2020, the City Council approved an amendment (“Amendment No. 1”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $79,000.00, to increase the baseline funding from $209,000.00 to $288,000.00 during Fiscal Year 2020-21 only.

On October 27, 2020, the City Council approved an amendment (“Amendment No. 2”) to the Agreement to allocate CARES funding in the amount of $21,000.00, to increase the baseline funding from $288,000.00 to $309,000.00 during FY 2020-21 only.

On November 10, 2020, the City Council approved an amendment (“Amendment No. 3”) to the Agreement to allocate supplemental federal Coronavirus Aid, Relief, and Economic Security Act funding in the amount of $95,000.00, to increase the baseline funding from $309,000.00 to $404,000.00 during Fiscal Year 2020-21 only.

On March 23, 2021, the City Council approved an amendment (“Amendment No. 4”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) CARES funding in the amount of $65,000.00, increasing the baseline funding from $404,000.00 to $469,000.00 during FY 2020-21 only.

On June 22, 2021, the City Council approved amendment (“Amendment No.5”) to the Agreement to allocate Older Americans Act (“OAA”) baseline funding in the amount of $216,000.00 for the Elderly Nutrition Program during FY 2021-22 only.

On September 14, 2021, the City Council approved amendment (“Amendment No.6”) to the Agreement to allocate supplemental CDA CARES funding in the amount of $57,033.00, increasing the baseline funding from $216,000.00 to $273,033.00 during FY 2021-22 only.

On October 26, 2021, the City Council approved amendment (“Amendment No. 7”) to the Agreement to extend the use of Families First Coronavirus Response Act funds from September 30, 2021 to December 31, 2021; and extend the use of CDA CARES funding from September 30, 2021 through June 30, 2022.

On February 22, 2022, the City Council approved amendment (“Amendment No. 8”) to the Agreement to allocate supplemental CDA American Rescue Plan Act (“ARPA”) funding in the amount of $76,000.00 to increase the baseline funding from $273,033.00 to $349,033.00 for the Elderly Nutrition Program during FY 2021-22 only.

On April 26, 2022, the City Council approved amendment (“Amendment No. 9”) to the Agreement to allocate supplemental CDA ARPA funding and a transfer of baseline funding from OAA Title III C2 to Title III C-1 in the amount of $35,000.00, increasing the baseline funding from $349,033.00 to $384,033.00 during FY 2021-22 only.

On June 14, 2022, the City Council approved amendment (“Amendment No. 10”) to the Agreement to allocate OAA baseline funding in the amount of $308,000.00 and ARPA funding in the amount of $176,000.00 during FY 2022-23 only.

On January 24, 2023, the City Council approved amendment (“Amendment No. 11”) to the Agreement to allocate Home and Community Based Services (HCBS) Nutrition Infrastructure baseline funding in the amount of $10,895.00 during FY 2022-23 only.

On June 13, 2023, the City Council approved amendment ("Amendment No. 12") to the Agreement to;(1) extend the term of the Agreement for one year commencing on July 1, 2023 through June 30, 2024; (2) allocated OAA baseline funding in the amount of $308,00.00 as described above during FY 2023-24 only.

Currently, it is the intent of the parties to amend the Agreement to allocate OAA baseline funding in the amount of $308,000.00 during FY 2023-24 only, as follows: (1) OAA Title III B (Supportive Services and Senior Centers) original baseline funding in the amount of $1,000.00, (ii) OAA Title III C-1 (Nutrition Services) original baseline funding in the amount of $286,000.00, and (iii) OAA Title III C-2 (Nutrition Services) original baseline funding in the amount of $21,000.00. This funding will be reimbursed to the City in exchange for additional defined and contracted ENP Services to be provided by the City during Fiscal Year 2023-24.

Amendment No.13 would allow the City to receive additional funding from the County, allocated supplemental California Department of Aging ("CDA") America Rescue Plan Act ("ARPA") funding, in the amount of $9,600.00 to increase the baseline funding from the $308,000.00 to $317,600.00 for the Elderly Nutrition Program during FY 2023-24 only.

ATTACHMENT(S):

A. Resolution No. 23-110
B. ENP Amendment No.13
C. ENP Allocation Letter

ATTACHMENT A
RESOLUTION NO. 23-110

A RESOLUTION OF THE CITY OF SOUTH EL MONTE CITY
COUNCIL APPROVING AMENDMENT NO. 13 TO THE COUNTY OF

LOS ANGELES AGING AND DISABILITIES DEPARTMENT

AGREEMENT FOR THE ELDERLY NUTRITION PROGRAM
SERVICES FOR FISCAL YEAR 2023-2024
WHEREAS, on June 23, 2020, the City Council approved an elderly nutrition program agreement with the County of Los Angeles through its Aging and Disabilities Department (“County”) for County funding of the City of South El Monte’s Elderly Nutrition Program (“Agreement”). The Agreement was for a one-year term commencing July 1, 2020 through June 30, 2021; and
WHEREAS, on October 13, 2020, the City Council approved an amendment (“Amendment No. 1”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $79,000.00, to increase the baseline funding from $209,000.00 to $288,000.00 during Fiscal Year 2020-21 only; and
WHEREAS, on October 27, 2020, the City Council approved an amendment (“Amendment No. 2”) to the Agreement to allocate Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $21,000.00, to increase the baseline funding from $288,000.00 to $309,000.00 during Fiscal Year 2020-21 only; and
WHEREAS, on November 10, 2020, the City Council approved an amendment (“Amendment No. 3”) to the Agreement to allocate Supplemental Federal Coronavirus Aid, Relief, and Economic Security Act Funding in the amount of $95,000.00, to increase the baseline funding from $309,000.00 to $404,000.00 during Fiscal Year 2020-21 only; and WHEREAS, on March 23, 2021, the City Council approved an amendment (“Amendment No. 4”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $65,000.00, to increase the baseline funding from $404,000.00 to $469,000.00 during fiscal year 2020-21 only; and
WHEREAS, on June 22, 2021, the City Council approved amendment (“Amendment No. 5”) to the Agreement to allocate Older Americans Act (“OAA”) baseline funding in the amount of $216,000.00 for the Elderly Nutrition Program during FY 2021-22 only; and WHEREAS, on September 14, 2021, the City Council approved amendment (“Amendment No. 6”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding in the amount of $57,033.00, to increase the baseline funding from $216,000.00 to $273,033.00 during fiscal year 2021-22 only; and
WHEREAS, on October 26, 2021, the City Council approved amendment (“Amendment No. 7”) to the Agreement extend the use of Families First Coronavirus Response Act (FFCRA) funds from September 30, 2021 through December 31, 2021; and extend the use of California Department of Aging (“CDA”) Coronavirus Aid, Relief, and Economic Security Act (“CARES”) funding from September 30, 2021 through June 30, 2022; and

WHEREAS, on February 22, 2022, the City Council approved amendment (“Amendment No. 8”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding in the amount of $76,000, to increase the baseline funding from $273,033.00 to $349,033.00 during fiscal year 2021-22 only; and WHEREAS, on April 26, 2022, the City approved amendment (“Amendment No. 9”) to the Agreement to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding and a transfer of baseline funding from Older Americans Act (OAA) Title III C2 to Title III C-1 in the amount of $35,000.00, to increase the baseline funding from $349,033.00 to $384,033.00 during fiscal year 2021-22 only; and WHEREAS, on June 14, 2022, the City approved amendment (“Amendment No. 10”) to the Agreement to allocate Older Americans Act (OAA) baseline funding in the amount of $308,000.00 and American Rescue Plan Act (ARPA) funding in the amount of $176,000.00 for the Elderly Nutrition Program during FY 2022-23 only; and WHEREAS, on January 23, 2023, the City approved amendment (“Amendment No. 11”) to the Agreement to allocate Home and Community Based Services (HCBS) Nutrition Infrastructure (NI) baseline funding in the amount of $10,895.00 for the Elderly Nutrition Program during FY 2022-23 only; and
WHEREAS, on June 13, 2023, the City approved amendment (“Amendment No. 12”) the Agreement to; (1) extend the term of the Agreement for one year commencing on July 1, 2023 through June 30, 2023; (2) allocate OAA baseline funding in the amount of $308,000.00 for the Elderly Nutrition Program during FY 2033-24 only.

WHEREAS, the City and County determined that an amendment (“Amendment No. 13”) to the Agreement is necessary to allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding in the amount of $9,600.00, to increase the baseline funding from $308,000.00 to $317,600.00 for the Elderly Nutrition Program during FY 2023-24 only; and
WHEREAS, the City Council now desires to approve Amendment No. 13 to the Agreement to; (1) allocate supplemental California Department of Aging (“CDA”) American Rescue Plan (“ARP”) funding in the amount of $9,600.00, to increase the baseline funding from $308,000.00 to $317,600.00 for the Elderly Nutrition Program, which shall be reimbursed to the City in exchange for additional defined and contracted ENP Title III B, Title III C-1 and C-2 Services to be provided by the City during FY 2023-24; (2) provide for the other changes set forth in Amendment No. 13, which is attached to the staff report accompanying this Resolution as Attachment C.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The above recitals, and each of them, are true and correct.

SECTION 2: The City Council hereby authorizes and directs the City Manager or his designee to execute Amendment No. 13 in substantially the form attached as Attachment C to the November 28, 2023 staff report accompanying this Resolution, subject to the City Attorney’s office approval as to form. The Council further directs the City Manager or his designee to take all actions

necessary to effectuate Amendment No. 13.

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

PASSED, APPROVED AND ADOPTED this 28th day of November, 2023.

Gloria Olmos, Mayor
ATTEST:

Donna Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. XX-XX was passed and approved by the City Council of the City of South El Monte at a regular meeting ofsaid Council held on the 28th day of November, 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna Schwartz, City Clerk

ATTACHMENT B

ELDERLY NUTRITION PROGRAM (ENP)
SUBAWARD NUMBER ENP202110
SUBAWARD PERIOD JULY 2020 – JUNE 2024

AMENDMENT THIRTEEN
This Amendment is made and entered into by and between

COUNTY OF LOS ANGELES THROUGH ITS

AGING AND DISABILITIES DEPARTMENT
(“County” or “AD”)
County’s Business Address
510 South Vermont Avenue, 11th Floor
Los Angeles, CA 90020
and

CITY OF SOUTH EL MONTE
(“Contractor” or “Subrecipient”)
Subrecipient’s Business Address
1415 North Santa Anita Avenue
South El Monte, CA 91733
WHEREAS, reference is made to that certain document originally entitled “Elderly Nutrition Program (ENP) Subaward Number ENP202110 Subaward Period July 2020 – June 2021” dated July 1, 2020, which is renamed as “Elderly Nutrition Program (ENP) Subaward Number ENP202110 Subaward Period July 2020 – June 2024”, and the Amendments thereto (hereafter collectively referred to as “Contract” or “Subaward”); and WHEREAS, the parties hereto have previously entered into the above referenced Subaward for the purpose of providing Elderly Nutrition Program (ENP) Services, which include serving congregate meals and home-delivered meals as well as conducting telephone reassurance to the older adult population in Los Angeles County (excluding the City of Los Angeles); and
WHEREAS, County and Subrecipient recognize and agree that specific terms (including, but not limited to, Contract, Subaward, Contractor, Subrecipient, Subcontract, Lower Tier Subaward, Subcontractor and Lower Tier Subrecipient) are used interchangeably

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 2
throughout this Amendment in order to comply with Federal, State, and County regulations; and
WHEREAS, it is the intent of the parties to amend this Subaward to allocate California Department of Aging (CDA) American Rescue Plan Act (ARPA) funding in the amount of $4,800, which will be reimbursed to Subrecipient in exchange for defined and contracted ENP Congregate Meal Services as specified herein to be provided by Subrecipient during Fiscal Year 2023-24; and
WHEREAS, it is the intent of the parties to also amend this Subaward to allocate CDA ARPA funding in the amount of $4,800, which shall be reimbursed to Subrecipient in exchange for additional defined and contracted ENP Home-Delivered Meal Services as specified herein to be provided by Subrecipient during Fiscal Year 2023-24; and WHEREAS, it is the intent of the parties to also amend this Subaward to provide for the other changes set forth herein; and
WHEREAS, the Subaward provides that changes to its terms may be made in the form of a written Amendment, which is formally approved and executed by the parties.

NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. This Amendment shall commence upon execution by all parties.

II. Subparagraph 5.1.6 is deleted in its entirety and replaced as follows:

5.1.6 Subaward Sum Year 4 Funding Source(s)

5.1.6.1 The Subaward Sum Year 4 for this Subaward is comprised of monies which are identified by the funding source(s) or governing statute(s) listed below. The funding source(s) and governing statute(s) authorize County to use these monies to provide Program Services.

5.1.6.2 Older Americans Act (OAA) Title III B (Supportive Services and Senior Centers) original baseline funds

5.1.6.2.1 Subaward Sum: $1,000

5.1.6.2.2 Service Area: Supervisorial District 1

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 3

5.1.6.2.3 Period of Performance: July 1, 2023 – June 30, 2024 (consistent with California Department of Aging
contract number AP-2324-19)

5.1.6.2.4 Allocation Letter: Fiscal Year 2023-24 Baseline Funding Allocation for Elderly Nutrition Program
Services

5.1.6.3 OAA Title III C-1 (Nutrition Services) original baseline funds

5.1.6.3.1 Subaward Sum: $286,000

5.1.6.3.2 Service Area: Supervisorial District 1

5.1.6.3.3 Period of Performance: July 1, 2023 – June 30, 2024 (consistent with California Department of Aging
contract number AP-2324-19)

5.1.6.3.4 Allocation Letter: Fiscal Year 2023-24 Baseline Funding Allocation for Elderly Nutrition Program
Services

5.1.6.4 OAA Title III C-2 (Nutrition Services) original baseline funds

5.1.6.4.1 Subaward Sum: $21,000

5.1.6.4.2 Service Area: Supervisorial District 1

5.1.6.4.3 Period of Performance: July 1, 2023 – June 30, 2024 (consistent with California Department of Aging
contract number AP-2324-19)

5.1.6.4.4 Allocation Letter: Fiscal Year 2023-24 Baseline Funding Allocation for Elderly Nutrition Program
Services

5.1.6.5 California Department of Aging (CDA) American Rescue Plan Act (ARPA) funds for ENP Congregate Meal Services

5.1.6.5.1 Subaward Sum: $4,800

5.1.6.5.2 Service Area: Supervisorial District 1

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 4

5.1.6.5.3 Period of Performance: July 1, 2023 – June 30, 2024 (consistent with California Department of Aging
contract number AP-2122-19, Amendment #3)

5.1.6.5.4 Allocation Letter: Fiscal Year 2023-24 California Department of Aging American Rescue Plan Act
Funding Allocation for Elderly Nutrition Program
Services

5.1.6.6 CDA ARPA funds for ENP Home-Delivered Meal Services

5.1.6.6.1 Subaward Sum: $4,800

5.1.6.6.2 Service Area: Supervisorial District 1

5.1.6.6.3 Period of Performance: July 1, 2023 – June 30, 2024 (consistent with California Department of Aging
contract number AP-2122-19, Amendment #3)

5.1.6.6.4 Allocation Letter: Fiscal Year 2023-24 California Department of Aging American Rescue Plan Act
Funding Allocation for Elderly Nutrition Program
Services
IV Subparagraph 5.10.4 is deleted in its entirety and replaced as follows:

5.10.4 Federal Award Identification Number (FAIN)

5.10.4.1 July 1, 2020 – June 30, 2021: 2001CAOASS-00;
2001CAOACM-00; 2001CAOAHD-00; 2001CAOANS-00;
2001CACMC2-00; 2001CAHDC2-00; 2001CAHDC3-00;
SLT0198; 2001CASSC3-00; and 2001CAFCC3-00

5.10.4.2 July 1, 2021 – June 30, 2022: 2101CAOASS-01;
2101CAOACM-01; 2101CAOAHD-01; 2101CAOANS-01;
2001CAHDC2-00; 2001CAHDC3-00; 2001CASSC3-00;
2001CAFCC3-00; B-20-UW-06-0505; and 2101CASSC6-00

5.10.4.3 July 1, 2022 – June 30, 2023: 2201CAOASS-01;
2201CAOACM01; 22001CAOAHD-01;
2201CAOANS-01; SLFRP0137

5.10.4.4 July 1, 2023 – June 30, 2024: 2301CAOASS-01;

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 5
2301CAOACM-01; 2301CAOAHD-01; and 2301CAOANS-01;
2101CACM6-00; and 2101CAHD6-00
VI. Subparagraph 5.10.7 is deleted in its entirety and replaced as follows:

5.10.7 Amount of Federal Funds Obligated by this Action:

5.10.7.1 Original Subaward: $209,000

5.10.7.2 Amendment One: $79,000

5.10.7.2.1 Federal CARES Act Funds: $15,000

5.10.7.2.2 CDA CARES Act Funds: $64,000

5.10.7.3 Amendment Two: $21,000

5.10.7.4 Amendment Three: $95,000

5.10.7.5 Amendment Four: $65,000

5.10.7.6 Amendment Five: $516,000

5.10.7.7 Amendment Six: $57,033

5.10.7.8 Amendment Seven: $0

5.10.7.9 Amendment Eight: $76,000

5.10.7.10 Amendment Nine: $35,000

5.10.7.11 Amendment Ten: $484,000

5.10.7.11.1 Baseline Funds: $308,000

5.10.7.11.2 Federal ARPA Funds: $176,000

5.10.7.12 Amendment Eleven: $10,865

5.10.7.13 Amendment Twelve: $308,000

5.10.7.14 Amendment Thirteen: $9,600

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 6
VII. Subparagraph 5.10.8 is deleted in its entirety and replaced as follows:

5.10.8 Total Amount of Federal Funds Obligated to Subrecipient (Subaward Sum):

5.10.8.1 Subaward Sum Year 1: $469,000

5.10.8.2 Subaward Sum Year 2: $384,033

5.10.8.3 Subaward Sum Year 3: $494,865

5.10.8.4 Subaward Sum Year 4: $317,600
VIII. Subparagraph 5.10.9 is deleted in its entirety and replaced as follows:

5.10.9 Total Amount of Federal Award (Maximum Subaward Sum): $1,608,465 (FY 2020-21 Reallocation funds excluded)
VIII Subparagraph 5.10.10 is deleted in its entirety and replaced as follows:

5.10.10 Federal Award Project Description

5.10.10.1 July 1, 2020 - June 30, 2021: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title IIIC2
3C2L and NSIP C2 NC2L; Federal Title IIIC1 CRCM and
Federal Title IIIC2 CRHD; CARES Title IIIC2 HDC3; and
CARES Title IIIE FCC3

5.10.10.2 July 1, 2021 – June 30, 2022: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title IIIC2
3C2L and NSIP C2 NC2L; CARES Title IIIC2 HDC3;
CARES Title IIIB SSC3; CARES Title IIIE FCC3; and ARP
Tittle IIIB ARBL

5.10.10.3 July 1, 2022 – June 30, 2023: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title
IIIC2 3C2L and NSIP C2 NC2L; and ARP Tittle IIIB ARBL

5.10.10.4 July 1, 2023 – June 30, 2024: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L; NSIP C1 NC1L, Federal Title IIIC2 3C2L; NSIP C2 NC2L; ARP Title IIIC1 AR1L; and ARP Title IIIC2 AR2L

Elderly Nutrition Program
Subaward Number ENP202110
Amendment Thirteen Page 7
IX. “Exhibit W1 (Budget) Amendment 13 {FY 2023-24 CDA ARPA Funding}” is added, is an addendum to "Exhibit W1 (Budget)” and is incorporated herein by reference.

X. “Exhibit W2 (Budget) Amendment 13 {FY 2023-24 CDA ARPA Funding}” is added, is an addendum to "Exhibit W2 (Budget)” and is incorporated herein by reference.

XI. “Exhibit X1 (Mandated Program Services) Amendment 13 {FY 2023-24 CDA ARPA Funding}” is added, is an addendum to "Exhibit X1 (Mandated Program Service)” and is incorporated herein by reference.

XII. “Exhibit X2 (Mandated Program Services) Amendment 13 {FY 2023-24 CDA ARPA Funding}” is added, is an addendum to "Exhibit X2 (Mandated Program Services)” and is incorporated herein by reference.

XIII. The "Fiscal Year 2023-24 California Department of Aging American Rescue Plan Act Funding Allocation for Elderly Nutrition Program Services" funding allocation letter is incorporated herein by reference.

All other terms and conditions of the Subaward will remain in full force and effect.

//
//

IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment Thirteen to be subscribed on its behalf by the Director of Aging and Disabilities
Department, and the Subrecipient has subscribed the same through its Authorized Representative. The Authorized Representative(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient.

COUNTY OF LOS ANGELES
By
Name of Authorized Representative Date
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department

SUBRECIPIENT
City of South El Monte
Subrecipient’s Legal Name
ENP202110
Subaward Number
By
Name of Authorized Date
Representative

Title
Approved as to Form:

Signature

OFFICE OF COUNTY COUNSEL

By

Title

Signature
Dawyn R. Harrison, County Counsel
Lawrence M. Green
Senior Deputy County Counsel

BOARD OF SUPERVISORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger

EXECUTIVE LEADERSHIP
Dr. Laura Trejo
Director
Lorenza C. Sánchez
Chief Deputy Director
Mia C. Atencio
Acting Administrative Deputy II
Anna Avdalyan
Assistant Director
Jerrell D. Griffin
Acting Assistant Director
Ivan Pacheco
Chief Information Officer

GET IN TOUCH
510 S. Vermont Avenue
Los Angeles, CA 90020 ad.lacounty.gov
[email protected]
Aging & Adult Information & Assistance
Line:
(800) 510-2020
Report Elder Abuse:
(877) 477-3646
Community & Senior Centers:
(800) 689-8514
Disability Information &
Access Line:
(888) 677-1199
November 8, 2023
City of South El Monte
Attention: Mr. Rene Salas
1415 North Santa Anita Avenue
South El Monte, CA 91733
FISCAL YEAR 2023-24 CALIFORNIA DEPARTMENT OF

AGING AMERICAN RESCUE PLAN ACT

FUNDING ALLOCATION FOR ELDERLY NUTRITION

PROGRAM SERVICES
Dear Mr. Salas:

County of Los Angeles Aging and Disabilities Department (County) intends to amend City of South El Monte’s (Subrecipient’s) Elderly Nutrition Program (ENP) Subaward. The Subaward Amendment information is outlined below:
• Purpose: Subrecipient shall utilize California Department of Aging (CDA) American Rescue Plan Act (ARPA) funding to
provide additional defined and contracted ENP Congregate and Home-Delivered Meal Services during FY 2023-24.
• Subaward Number: ENP202110
• Amendment Number: Thirteen
• Subaward Term: July 1, 2023 through June 30, 2024
• Service Area: Supervisorial District One
• Total Funding Allocation: $ 9,600
• Period Funds available for use (Subject to execution of Amendment): July 1, 2023 – June 30, 2024
• Funding Source(s) and Service Category(ies) are as follows:

ATTACHMENT C

FY 2023-24 CDA ARPA Funding Allocation
Elderly Nutrition Program
City of South El Monte

Allocation
Funding Source Service Category Unit Rate
Amount
American Meals $7.92
Ethnic Meals
$4,800 1
Hot Meals $8.07
Frozen Meals $7.39

CDA ARPA
Emergency Meals $9.70
$4,800 2
CDA ARPA Funding $9,600
Baseline Funding
(Refer to FY 2023-24 Baseline Funding Allocation Letter) $308,000 Subaward Sum Year 4 (SSY4)
(CDA ARPA, and Baseline Funding) $317,600
1-2 Complete one (1) budget and one (1) MPS for each Allocation Amount.

If you have any questions, please contact Bernardo Franco of my staff by phone or e-mail as follows: (323) 449-5802 or [email protected]
Thank you.

Carol Domingo

Carol Domingo, Program Manager
Contracts Management Division

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

DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Andres Gonzalez, Public Works Analyst
SUBJECT: CONSIDERATION FOR AUTHORIZATION TO SOLICIT

REQUEST FOR PROPOSALS (RFP) FOR STRIPING

SERVICES
SUMMARY: Staff seeks City Council approval to publish a Request for Proposals (RFP) for Citywide Striping Services for the City of South El Monte RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified consultants to provide Citywide Striping Services.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Staff will prepare a report with findings and recommendations for consideration and approval by City Council. The cost of this project is included in the FY 2023/24 budget adopted by the City Council.

DISCUSSION: The purpose of the Request for Proposals for Striping Services is to ensure the visual integrity of street markings throughout the City of South El Monte.

Roadway striping deteriorates throughout the year due to wear and tear from traffic and adverse weather conditions, and this affects the striping luminosity that is important for nighttime drivers and providing roadway delineation.

The City’s striping services are primarily performed by a consultant, and it is supplemented by Public Works Staff. The selected consultant will work closely with Public Works Staff to schedule a recurring ongoing citywide striping schedule to ensure proper maintenance. This maintenance is necessary to ensure safety and mobility for all roadway users.

Safety – National studies show that effective marking of roadways saves lives. Nearly 60 percent of fatalities on America’s roadways result when motorists leaving their travel lanes, according to federal data. Well-maintained striping is an effective, cost-effective policy to improve public safety.

Mobility – Roadway striping also delineates the roadway. Centerlines and edge lines help

improve traffic flow by providing the roadway user a defined path of travel; consequently, they allow traffic to move more quickly and improve mobility throughout the roadway network.

The scope of work includes traffic striping of yellow centerlines, white edge lines, stop bars and legends, stop ahead legends, solid white and yellow lines, white direction arrows, and crosswalk stripes on public roadways. The City has not conducted a citywide street re-striping program in the last few years. During the current Fiscal Year 23-24, the striping program will focus only on the following main arterial areas in the city:
• Rush St.(West to East City Limits
• Merced Ave. (North of Rush to North City limits)
• Central Ave.(North city limit to Durfee)
• Garvey Ave (West to East City limits)
• Durfee Ave. (North City Limits to South City Limits)
Beginning in FY 24-25, the program will expand to a citywide striping program. The selected consultant will alternate their focus each year, with Group A including zones 1, 2, 3, and 5, and Group B consisting of zones 4, 6, 7, and 8. The main arterial areas will be included as needed in the annual rotation.

The RFP will seek proposals from qualified firms that can provide annual citywide repainting of traffic striping. The City intends to contract with the firm/team best suited to its needs. Subsequent to the RFP process, Staff will prepare a staff report with findings and recommendations to present to the City Council for consideration and approval. The report will include a fiscal impact analysis and make recommendations for the award of a Professional Services Agreement (PSA) for Citywide Striping Services. Funding earmarked for these services has been allocated within the approved FY 2023/24 budget by the City Council.

Staff is requesting City Council authorization to solicit bids for the Citywide Striping Services. The proposed maintenance services will ensure the visual integrity of street markings throughout the City to prevent traffic accidents and improve clarity for all roadway users. The RFP for Striping Services will be released on November 29, 2023 and responses to the RFP will be due by no later than January 10, 2024 by 2:00 p.m.

The bidders list and a recommended consultant will be brought to the January 23, 2024 City Council meeting for approval.

Staff report prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

A. RFP CITYWIDE STRIPING MAINTENANCE SERVICES

ATTACHMENT A

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE CITYWIDE STRIPING MAINTENANCE SERVICES

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
November 29, 2023

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
John Poehler
Director of Public Works
[email protected]

DELIVERY ADDRESS
City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler,
Public Works Director

REQUIRED NUMBER OF PROPOSALS
One (1) hard copy and one (1) electronic
copy (pdf)

PROPOSAL DUE DATE
January 10, 2024, 2 pm

RFP To Provide Citywide Striping Maintenance Services Table of Contents Table of Contents

1. General Information 1

2. Project Description 1

3. RFP Schedule 2

4. Scope of Services 2

5. Key Personnel 7

6. City’s Standard Professional Services Agreement 7

7. Insurance Coverage Limits and Requirements 7

8. Consultant Selection Methodology 8

9. Prevailing Wage Rates 8

10. Contract Award 9

11. Required Format for Technical Proposal Submittal 9

12. Fee Estimate Proposal Submittal 10

13. Questions Regarding This RFP 15

14. Proposal Submittal Protocol 15

15. Pre-Contractual Expenses In Responding To The RFP Preparation 16 Attachments:

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

RFP To Provide Citywide Striping Maintenance Services Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE CITYWIDE STRIPING MAINTENANCE SERVICES

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
To interested and qualified Consultants:

The City of South El Monte is soliciting Proposals from qualified firms to Provide Citywide Striping Maintenance Services.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit one (1) hard copy and one (1) electronic copy (pdf) of their Proposals no later than 2 pm on January 10, 2024, to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler, Public Works Director
If you have any questions, please contact via email (no telephone calls):

John Poehler
Director of Public Works
[email protected]
Late proposals will not be accepted.

Sincerely,
John Poehler
Director of Public Works
City of South El Monte

RFP To Provide Citywide Striping Maintenance Services RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE CITYWIDE STRIPING MAINTENANCE SERVICES

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
November 29, 2023

1. GENERAL INFORMATION
A. Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents and encompasses 2.3 square miles. This “Industrial Community” 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 the residents and business community are working together to make the community a better place to live and work.

In just six decades the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within 2.3 square miles. The City is currently focusing on improving the infrastructure of the community making it a better place to live and work.

B. Overview
The City is requesting the services of a company to Provide Citywide Striping Maintenance Services.

2. PROJECT DESCRIPTION
The purpose of the Request for Proposals for Striping Services is to ensure the visual integrity of street markings throughout the City of South El Monte. Roadway striping deteriorates throughout the year due to wear and tear from traffic and adverse weather conditions, and this affects the striping luminosity that is important for nighttime drivers and providing roadway delineation.

The City’s striping services are primarily performed by a consultant, and it is supplemented by Public Works Staff. The selected consultant will work closely with Public Works Staff to schedule a recurring ongoing citywide striping schedule to ensure proper

RFP To Provide Citywide Striping Maintenance Services RFP, Page 2 maintenance. This maintenance is necessary to ensure safety and mobility for all roadway users.

Safety – National studies show that effective marking of roadways saves lives. Nearly 60 percent of fatalities on America’s roadways result when motorists leaving their travel lanes, according to federal data. Well-maintained striping is an effective, cost-effective policy to improve public safety.

Mobility – Roadway striping also delineates the roadway. Centerlines and edge lines help improve traffic flow by providing the roadway user a defined path of travel; consequently, they allow traffic to move more quickly and improve mobility throughout the roadway network.

Beginning in FY 24-24, the program will expand to a citywide stripping program. The selected consultant will alternate their focus each year, with Group A including zones 1, 2, 3, and 5, and Group B consisting of zones 4, 6, 7, and 8. The main arterial areas will be included as needed in the annual rotation. See Attachment D – Citywide Striping Maintenance Zones.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued November 29, 2023 Deadline for Receipt of Questions December 14, 2023, 4 pm Addendum (if necessary) to Respond to
Questions
December 20, 2023
Deadline for Receipt of Proposals (RFP Due
Date)
January 10, 2024, 2 pm
Evaluation of proposals January 2024
Final Consultant Selection January 2024
Contract Awarded by City Council January/February 2024
Contract Execution February 2024
Notice to Proceed February/March 2024

4. SCOPE OF SERVICES
The scope of work includes traffic striping of yellow centerlines, white edge lines, stop bars and legends, stop ahead legends, solid white and yellow lines, white direction arrows, and crosswalk stripes on public roadways. The City has not conducted a

RFP To Provide Citywide Striping Maintenance Services RFP, Page 3 citywide street re-striping program in the last few years. During the current Fiscal Year 23-24, the striping program will focus only on the following main arterial areas in the City:
• Rush St.(West to East City Limits)
• Merced Ave. (North of Rush to North City limits)
• Central Ave.(North city limit to Durfee)
• Garvey Ave (West to East City limits)
• Durfee Ave. (North City Limits to South City Limits)
The contract will be used on an as needed basis, and in general, involves work related to pavement markings and striping. This includes the following items of work: pavement striping, pavement marking, pedestrian and traffic control, placement of temporary no parking signs, and other associated work.

The usages of the services are on an as-needed basis, so if the demand is not there, then the services will not be requested. There is no guarantee for work.

A. General. The Work shall comply in all aspects with the latest edition of the California Manual on Uniform Traffic Control Devices and Caltrans Standard Plans and Standard Specifications. The Standard Specifications issued by the State of California, Department of Transportation will hereinafter be referred to as “Standard Specifications”, "State Standard Specifications", or "Caltrans Standard Specifications".

The quantities in bid schedule are estimate of the quantities of work to be done and materials to be furnished, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient to the Engineer.

Quantities shall be determined by the Contractor from plans and specifications, and /or pre-construction meeting and walk - through. Any discrepancy or conflict shall be reported to the Project Manager. Contractor shall be held responsible for any discrepancies or conflicts not reported to the Project Manager seventy-two (72) hours prior to the bid opening.

The basis of award of contract shall be by the City for the lowest and best bid that will best serve the City's need. The contract shall be awarded with the entire project based bid, not including add alternates, depending on available funding.

The City reserves the right to reject any, any portion, or all bids.

1. Removal of Striping, Markings, and Reflectors
a. Method of Measurement
Removal of striping or standard Details will be measured per linear foot (LF) along the line of the traffic stripe or standard Detail, without deductions for gaps in broken traffic stripes. For traffic stripe details requiring multiple lines, the composite section will count

RFP To Provide Citywide Striping Maintenance Services RFP, Page 4 as a lineal foot of striping for payment, not the total length of the individual component lines. For standard Details that contain a mix of striping and reflectors, the cost to remove reflectors shall be included in the removal. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.

Removal of any type of pavement marking will be measured per square foot (SF) removed. The quantity of square footage for specific pavement markings shall be what is indicated in the most recent version of the Caltrans Standard Plans. b. Payment
The contract unit price paid per linear foot or square foot for removal of striping, markings and reflectors shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work for removal, providing storage and disposal of removed material, and for providing personnel protective equipment, training, air monitoring, and medical surveillance and incidentals, as described in the "Remove Yellow Traffic Stripe and Payment Marking" technical requirement section of this project manual, and as directed by the Engineer, and no additional or separate compensation will be made thereof.

Full compensation for removal and disposal of raised pavement markers, white thermoplastic striping, and white thermoplastic markings shall be considered as included in the contract unit price paid for “Remove Striping and Markings” and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing the work involved removing and disposal of materials, and no separate payment will be made thereof.

The contract unit price shall include full compensation for mobilization as described in the “Mobilization” Technical Requirement section of this project manual and no additional compensation will be allowed thereof. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing the work involved in the procurement, setup and maintenance of the staging area shall be considered as included as part of "Mobilization".

The contract unit price shall include full compensation for pedestrian and traffic control.

Work associated with pedestrian and traffic control shall include all planning, drafting of plans, costs for labor, materials, equipment and incidentals necessary to provide construction area signs, temporary traffic control including, but not limited to, lane closures and rerouting and other measures to control and maintain traffic during daily operations. Flaggers are a requirement of pedestrian and traffic control. Full compensation for traffic control systems include all costs to maintain traffic by placing and removing temporary signs, striping, flaggers, cones, barricades, etc., as specified in the Standard Specifications of the State of California, as described in the "Traffic and Pedestrian Control" technical requirement section of this project manual, and as directed by the Engineer, and no additional compensation will be allowed thereof.

RFP To Provide Citywide Striping Maintenance Services RFP, Page 5 The contract unit price shall include full compensation for providing a written work plan and for doing all the work involved in preparing the Lead Compliance Plan including paying the Certified Industrial Hygienist, as described in the "Remove Yellow Traffic Stripe and Pavement Markings" section of this project manual, and no separate payment will be made thereof.

2. Painting of Striping and Markings
a. Method of Measurement
Painting of striping or standard Details will be measured per linear foot (LF) along the line of the traffic stripe or standard Detail, without deductions for gaps in broken traffic stripes.

For traffic stripe details requiring multiple lines, the composite section will count as a lineal foot of striping for payment, not the total length of the individual component lines. For standard Details that contain a mix of striping and reflectors, the cost to install reflectors shall be included in the painting. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.

Painting of Parking T’s or L’s will be measured per each (EA) installation. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.

Painting of any type of pavement marking (aside from Parking T’s or L’s) will be measured per square foot (SF) painted. The quantity of square footage for specific pavement markings shall be what is indicated in the most recent version of the Caltrans Standard Plans.
b. Payment
The contract unit price paid per linear foot, each, or square foot for painting of striping and markings shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in applying thermoplastic traffic stripes, pavement markers, complete in place, including any necessary cat tracks, dribble lines, alignment for stripes, layout work and temporary traffic stripes and pavement markers, as shown on the plans, as specified in the Technical Specifications section "Traffic Stripes, Pavement Markers and Marking," and as directed by the Engineer and no additional compensation will be made thereof. Payment for thermoplastic striping and markings shall be paid as part of this bid item.

The contract unit price shall include full compensation for mobilization as described in the “Mobilization” Technical Requirement section of this project manual and no additional compensation will be allowed thereof. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing the work involved in the procurement, setup and maintenance of the staging area shall be considered as included as part of "Mobilization".

The contract unit price shall include full compensation for pedestrian and traffic control.

Work associated with pedestrian and traffic control shall include all planning, drafting of plans, costs for labor, materials, equipment and incidentals necessary to provide

RFP To Provide Citywide Striping Maintenance Services RFP, Page 6 construction area signs, temporary traffic control including, but not limited to, lane closures and rerouting and other measures to control and maintain traffic during daily operations. Flaggers are a requirement of pedestrian and traffic control. Full compensation for traffic control systems include all costs to maintain traffic by placing and removing temporary signs, striping, flaggers, cones, barricades, etc., as specified in the Standard Specifications of the State of California, as described in the "Traffic and Pedestrian Control" technical requirement section of this project manual, and as directed by the Engineer, and no additional compensation will be allowed thereof.

3. Installation of Thermoplastic Striping and Markings
a. Method of Measurement
Installation of striping or standard Details will be measured per linear foot (LF) along the line of the traffic stripe or standard Detail, without deductions for gaps in broken traffic stripes. For traffic stripe details requiring multiple lines, the composite section will count as a lineal foot of striping for payment, not the total length of the individual component lines. For standard Details that contain a mix of striping and reflectors (and/or markers), the cost to install reflectors and/or markers shall be included in the installation.

Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.

Installation of Parking T’s or L’s will be measured per each (EA) installation. Measurement will be performed in the field by the Contractor upon completion and checked by the Engineer.

Installation of any type of pavement marking (aside from Parking T’s or L’s) will be measured per square foot (SF) installed. The quantity of square footage for specific pavement markings shall be what is indicated in the most recent version of the Caltrans Standard Plans.
a. Payment
The contract unit price paid per linear foot, each, or square foot for installation of striping and markings shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in applying thermoplastic traffic stripes, pavement markers, complete in place, including any necessary cat tracks, dribble lines, alignment for stripes, layout work and temporary traffic stripes and pavement markers, as shown on the plans, as specified in the Technical Specifications section "Traffic Stripes, Pavement Markers and Marking," and as directed by the Engineer and no additional compensation will be made thereof. Payment for thermoplastic striping and markings shall be paid as part of this bid item.

The contract unit price shall include full compensation for mobilization as described in the “Mobilization” Technical Requirement section of this project manual and no additional compensation will be allowed thereof. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing the work involved in the procurement, setup and maintenance of the staging area shall be considered as included as part of "Mobilization".

RFP To Provide Citywide Striping Maintenance Services RFP, Page 7 The contract unit price shall include full compensation for pedestrian and traffic control.

Work associated with pedestrian and traffic control shall include all planning, drafting of plans, costs for labor, materials, equipment and incidentals necessary to provide construction area signs, temporary traffic control including, but not limited to, lane closures and rerouting and other measures to control and maintain traffic during daily operations. Flaggers are a requirement of pedestrian and traffic control. Full compensation for traffic control systems include all costs to maintain traffic by placing and removing temporary signs, striping, flaggers, cones, barricades, etc., as specified in the Standard Specifications of the State of California, as described in the "Traffic and Pedestrian Control" technical requirement section of this project manual, and as directed by the Engineer, and no additional compensation will be allowed thereof.

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment C.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment C.

RFP To Provide Citywide Striping Maintenance Services RFP, Page 8

8. CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:

Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 25
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience 25
Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.

City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.

At City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected proposers and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.

After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.

9. PREVAILING WAGE RATES
Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage

RFP To Provide Citywide Striping Maintenance Services RFP, Page 9 information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

1. DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html

2. DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm

3. Caltrans Prevailing Wage Interpretive Guidance:
https://ig.dot.ca.gov/resources/interpretive-guidance

10.CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

11.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

Cover Letter: Emphasize strong points of the project team and the firm’s experience.

Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 120 days.

Table of Contents: Provide contents of proposal.

Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.

Section 2: Schedule: Provide a project a detailed schedule. Show project tasks,

RFP To Provide Citywide Striping Maintenance Services RFP, Page 10 durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process.

Section 3. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants.

Provide resumes of all key personnel identified in the organization chart.

Section 4. Company Qualifications: Provide qualifications of prime consulting firm and sub-consultants.

Section 5. References: Provide five (5) Public Agency references for similar projects.

Section 6. City’s Standard Professional Services Agreement (see Attachment C.

Sample Professional Services Agreement): The referenced attachment is City’s Standard Professional Services Agreement, which will be executed by the selected consultant. Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Please note that the City does not guarantee that any revisions to the contract will be accepted. The selected consultant shall be prepared to execute the contract as is, if the City does not accept any changes provided by the consultant.

Section 7. Addenda Acknowledgement: If any Addenda is issued by the City, the proposers shall include an acknowledgement of receiving such Addenda and their agreement with the terms and conditions stated in such Addenda. If no Addenda is issued, proposers shall state so in this section.

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
• Attachment C – Sample Professional Services Agreement • Attachment D – Citywide Striping Maintenance Zones
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

12.FEE ESTIMATE PROPOSAL SUBMITTAL
Fee Proposal shall be submitted in a separate sealed envelope.

Notes:

RFP To Provide Citywide Striping Maintenance Services RFP, Page 11

1. Blank white cells in the "UNIT COST" columns are to be filled out by the Contractor.

2. For standard "Detail" striping, all Unit Costs shall include the labor and materials for reflective markers, when appropriate.

Bid
Item
#
Item Description Unit Unit Cost1
1 Removal of Striping, Markings, and
Reflectors

1.01 Pavement Marking SF

1.02 12" Wide Stripe LF

1.03 8" Wide Stripe LF

1.04 6" Wide Stripe LF

1.05 4" Wide Stripe LF

1.06 Detail 2 - Yellow Centerline LF

1.07 Detail 9 - Lane Line LF

1.08 Detail 21 - No Passing Zones LF

1.09 Detail 22 - No Passing Zones LF

1.10 Detail 23 - No Passing Zones Markers LF

1.11 Detail 24 - Left Edge Line LF

1.12 Detail 25 - Left Edge Line LF

1.13 Detail 25A - Left Edge Line LF

1.14 Detail 27B - Right Edge Line LF

1.15 Detail 27C - Right Edge Line Extension LF

1.16 Detail 28 - Median Islands LF

1.17 Detail 29 - Median Islands LF

1.18 Detail 32 - Two-way Left-Turn Lane LF

1.19 Detail 36 - Exit Ramp Neutral Area LF

1.20 Detail 36B - Entrance Ramp Neutral Area LF

1.21 Detail 37B - Lane Drop Markings LF

RFP To Provide Citywide Striping Maintenance Services RFP, Page 12 Bid
Item
#
Item Description Unit Unit Cost1

1.22 Detail 38 - Channelization Line LF

1.23 Detail 39 - Bike Lane (Non-Skid) LF

1.24 Detail 39A - Bike Lane Intersection Line
(NonSkid)
LF

1.25 Detail 40 - Lane Line Extension LF

1.26 Detail 40A - Alternate to Detail 40 LF

1.27 Detail 41 - Centerline Extension LF

1.28 Detail 41A - Alternate to Detail 41 LF
2 Painting of Striping and Markings2

2.01 Curb Painting LF

2.02 Parking T's or L's EA

2.03 Bike Lane Markings & Arrows (Non-Skid) SF

2.04 Pavement Marking SF

2.05 12" Wide Stripe LF

2.06 8" Wide Stripe LF

2.07 6" Wide Stripe LF

2.08 4" Wide Stripe LF

2.09 Detail 2 - Yellow Centerline LF

2.10 Detail 9 - Lane Line LF

2.11 Detail 21 - No Passing Zones LF

2.12 Detail 22 - No Passing Zones LF

2.13 Detail 23 - No Passing Zones Markers LF

2.14 Detail 24 - Left Edge Line LF

2.15 Detail 25 - Left Edge Line LF

2.16 Detail 25A - Left Edge Line LF

2.17 Detail 27B - Right Edge Line LF

RFP To Provide Citywide Striping Maintenance Services RFP, Page 13 Bid
Item
#
Item Description Unit Unit Cost1

2.18 Detail 27C - Right Edge Line Extension LF

2.19 Detail 28 - Median Islands LF

2.20 Detail 29 - Median Islands LF

2.21 Detail 32 - Two-way Left-Turn Lane LF

2.22 Detail 36 - Exit Ramp Neutral Area LF

2.23 Detail 36B - Entrance Ramp Neutral Area LF

2.24 Detail 37B - Lane Drop Markings LF

2.25 Detail 38 - Channelization Line LF

2.26 Detail 39 - Bike Lane (Non-Skid) LF

2.27 Detail 39A - Bike Lane Intersection Line
(NonSkid)
LF

2.28 Detail 40 - Lane Line Extension LF

2.29 Detail 40A - Alternate to Detail 40 LF

2.30 Detail 41 - Centerline Extension LF

2.31 Detail 41A - Alternate to Detail 41 LF
3 Installation of Thermoplastic Striping
and Markings2

3.01 Install Blue Marker for Fire Hydrants EA

3.02 Parking T's or L's EA

3.03 Bike Lane Markings & Arrows (Non-Skid) SF

3.04 Pavement Marking SF

3.05 12" Wide Stripe LF

3.06 8" Wide Stripe LF

3.07 6" Wide Stripe LF

3.08 4" Wide Stripe LF

3.09 Detail 2 - Yellow Centerline LF

RFP To Provide Citywide Striping Maintenance Services RFP, Page 14 Bid
Item
#
Item Description Unit Unit Cost1

3.10 Detail 9 - Lane Line LF

3.11 Detail 21 - No Passing Zones LF

3.12 Detail 22 - No Passing Zones LF

3.13 Detail 23 - No Passing Zones Markers LF

3.14 Detail 24 - Left Edge Line LF

3.15 Detail 25 - Left Edge Line LF

3.16 Detail 25A - Left Edge Line LF

3.17 Detail 27B - Right Edge Line LF

3.18 Detail 27C - Right Edge Line Extension LF

3.19 Detail 28 - Median Islands LF

3.20 Detail 29 - Median Islands LF

3.21 Detail 32 - Two-way Left-Turn Lane LF

3.22 Detail 36 - Exit Ramp Neutral Area LF

3.23 Detail 36B - Entrance Ramp Neutral Area LF

3.24 Detail 37B - Lane Drop Markings LF

3.25 Detail 38 - Channelization Line LF

3.26 Detail 39 - Bike Lane (Non-Skid) LF

3.27 Detail 39A - Bike Lane Intersection Line
(NonSkid)
LF

3.28 Detail 40 - Lane Line Extension LF

3.29 Detail 40A - Alternate to Detail 40 LF

3.30 Detail 41 - Centerline Extension LF

3.31 Detail 41A - Alternate to Detail 41 LF

RFP To Provide Citywide Striping Maintenance Services RFP, Page 15

13.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

John Poehler
Director of Public Works
[email protected]
Questions regarding this proposal shall be submitted via email to the above contact within the deadline identified on the RFP Schedule. In response to all questions received by this date, City will issue an Addendum on the date identified on the RFP Schedule prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

14.PROPOSAL SUBMITTAL PROTOCOL
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Technical Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

TECHNICAL PROPOSAL

TO PROVIDE CITYWIDE STRIPING MAINTENANCE SERVICES
• Envelope 2: Fee Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

FEE PROPOSAL

TO PROVIDE CITYWIDE STRIPING MAINTENANCE SERVICES
Proposal submittal due date is:

January 10, 2024, 2 pm
Proposals shall be addressed to:

City of South El Monte
City Clerk’s Office
1415 Santa Anita Ave.

South El Monte, CA 91733
Attn: John Poehler, Public Works Director
Late proposals will not be accepted.

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.

RFP To Provide Citywide Striping Maintenance Services RFP, Page 16

15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP ▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to request or obtain additional information about any and all proposals.

END OF RFP

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

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment A, Page 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 inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

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

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment B, Page 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 (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

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

01257.0001/867754.1

ATTACHMENT C

SAMPLE PROFESSIONAL SERVICES AGREEMENT

01257.0001/867754.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

01257.0001/867754.1 1

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 ________, 2024 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
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.

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.

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

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

01257.0001/867754.1 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.

01257.0001/867754.1 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.

2.2 Method of Compensation.

01257.0001/867754.1 4
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.

ARTICLE 3. PERFORMANCE SCHEDULE

01257.0001/867754.1 5

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:

01257.0001/867754.1 6
(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.

01257.0001/867754.1 7
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

01257.0001/867754.1 8
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, 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

01257.0001/867754.1 9
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 non-contributory 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 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

01257.0001/867754.1 10
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 connection with the negligent performance of the work, operations or activities provided herein of

01257.0001/867754.1 11
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:

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;
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;
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.

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

01257.0001/867754.1 12
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 “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

01257.0001/867754.1 13
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.

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

01257.0001/867754.1 14
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.

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.