South El Monte City Council
January 9, 2024

01257.0004/942489.7
5 7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that she shall be exclusively liable for the payment of all taxes for which she is responsible, if any, as a result of her/his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that she has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that she will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, she will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective

01257.0004/942489.7
6 parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

01257.0004/942489.7
7 As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: ________________ EMPLOYEE
By: _________________________________
Donna Schwartz

THE CITY
DATED: __________________ By: _________________________________ City Manager
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ____________________________
Anthony Taylor, City Attorney
[EMPLOYEE’s LAW FIRM]
By: ________________________
[Counsel]

01257.0004/942489.7
EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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

DATE: January 9, 2024
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 OF RESOLUTION No. 24-119, APPROVING AMENDMENT NO. 1 TO CONTRACT WITH AC PROS FOR AN

INCREASE IN COMPENSATION TERMS
SUMMARY: On July 25, 2023, the City Council awarded a contract to AC Pros, Inc. for the installation of mechanical energy efficiency upgrades: Heating, Ventilation, and Air Conditioning (HVAC) at the City’s Community Center, Mini Center and Senior Center for a total compensation not to exceed $1,088,315.00. AC Pros, Inc. identified additional repairs necessary to ensure the proper functioning of the new HVAC systems, resulting in an additional cost of $38,000.00 for a total of $1,126,315.00.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-119, approving Amendment No.1 to contract with AC Pros, Inc. to increase the compensation terms from $830,000 to a total not-to-exceed amount of $1,126,314; and

2. Authorize City Manager or designer to execute contract.

FISCAL/FINANCIAL IMPACT: Since May 2021 when the City kicked off its Autonomous Building Controls Retrofit Project, cost estimates has significantly increased due to inflation. The total project cost, the City's adopted FY 2023–24 Budget, and the cost of the equipment and installation by AC Pros has been updated as follows:

The revised budget for the City of South El Monte Autonomous Building Controls Retrofit project was approved by the City Council on November 14, 2023.

DISCUSSION: On July 25, 2023, the City Council granted approval and awarded contracts to Green Energy Innovations, Inc. for the implementation of lighting energy efficiency upgrades and to AC Pros, Inc. for the enhancement of mechanical energy efficiency (AC Units). Staff recommends retaining the two vendors originally chosen to execute the energy efficiency upgrades at city facilities.

During their job site walkthrough to initiate their work plan, AC Pros identified additional repairs necessary to ensure the proper functionality of the new HVAC system. This includes rotating two HVAC units at the Community Center by 90 degrees to fit into their designated space, requiring the installation of additional ductwork. AC Pros Inc will also address repairs on duct seals, apply protective coating, and install duct smoke detectors at the City Community Center, Mini Center and Senior Center. Additionally, they will replace evaporator swamp coolers at both the Senior Center and Community Center.

The South El Monte Autonomous Building Controls Retrofit project will enhance the performance and energy efficiency of city facilities while reducing energy consumption and peak electricity demand. The primary goal remains to achieve deep energy savings and address long-deferred facility improvements. This innovative technology not only ensures enduring energy savings but also validates hardware compatibility with typical public sector building types, showcasing DOE data standardization's viability and the transformation of public sector buildings into grid-efficient interactive structures.

Staff recommends City Council adopt Resolution No. 24-XX, amending the contract with

AC Pros, Inc. to increase the compensation terms from $1,088,315.00 to a total not-toexceed amount of $1,126,315.00.

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

ATTACHMENT(S):

A. Resolution No. 24-119
B. (SEM) First Amendment between City and AC Pros for Public Works Services(948937.1)

01257.0001/948977.1

ATTACHMENT A
RESOLUTION NO. 24-119

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH AC PROS,

INC TO PROVIDE MECHANICAL ENERGY EFFICIENCY UPGRADE

SERVICES FOR SOUTH EL MONTE AUTONOMOUS BUILDING

CONTROLS RETROFIT PROJECT
WHEREAS, on June 4, 2021, the Department of Energy (“DOE”) awarded the City of South El Monte (the “City”) $1,152,144.00 in reimbursable funds, that includes a $404,650.00 cost share requirement for the South El Monte Autonomous Building Controls Retrofit Project (“Project”); and
WHEREAS, on June 22, 2021, the City Council (“Council”) approved the Project Funding Agreement between the City and DOE, and authorized the City Manager to execute the agreement and take all actions necessary to effectuate the agreement; and WHEREAS, on May 25, 2023, the City solicited for bids for the Project; and WHEREAS, AC Pros, Inc was selected as the appropriate contractor for the mechanical energy efficiency upgrades portion of the Project as the lowest responsive bidder; and WHEREAS, the City of South El Monte entered into an Agreement with AC Pros, Inc. on July 25, 2023, to provide mechanical energy efficiency upgrade services for South El Monte autonomous building controls retrofit project: and
WHEREAS, per the proposed Amendment No. 1, the City desires to amend the scope of work included in the July 2023 Agreement and increase the contract sum. The total for the installation of mechanical energy efficiency upgrade services is not to exceed amount of $1,126,315.00.

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 proposed Amendment No. 1, in the form attached to the agenda report accompanying this resolution, is hereby approved,
SECTION 3: Authorizes and directs the City Manager to execute the amendment, subject to the City Attorney’s approval as to form, in substantially the form attached as Attachment B to the January 9, 2024, agenda report accompanying this Resolution. The City Council further directs the City Manager to take all necessary action necessary to effectuate the amendment.

01257.0001/948977.1
SECTION 3: The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED this 9th of January 2024
______________________________
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. 24-119 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 9th day of January 2024 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Donna Schwartz, City Clerk

ATTACHMENT B
01257.0001/948937.1
AMENDMENT NO. 1

FIRST AMENDMENT TO THE AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND

AC PROS, INC

THIS FIRST AMENDMENT TO THE AGREEMENT FOR PUBLIC WORKS
SERVICES (“First Amendment”) by and between the CITY OF SOUTH EL MONTE (“City”) and AC PROS, INC, a California corporation (“Contractor”; collectively with City, the “Parties”) is effective as of the ____th day of January 2024.

RECITALS
A. City and Contractor entered into that Agreement for Public Works Services dated July 25, 2023 (“Agreement”) for mechanical energy efficiency upgrade services for the City’s Autonomous Building Controls Retrofit Project.

B. City and Contractor now desire to enter into this First Amendment to the Agreement to amend the scope of work and increase the contract sum by $38,000.00 from $1,088,315.00 to $1,126,315.00.

NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

TERMS

1. Recitals. The Recitals are incorporated into this First Amendment.

2. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1, Contract Sum, of the Agreement is amended to read as follows:

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor 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 One Million One Hundred Twenty Six Thousand Three Hundred Fifteen Dollars ($1,126,315.00) One Million Eighty Eight Thousand Three Hundred Fifteen Dollars ($1,088,315.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section

1.10. b. Exhibit C, Schedule of Compensation, of the Agreement is amended to read as follows:

ATTACHMENT B
01257.0001/948937.1
A. Mini Center Mechanical (Mechanical Upgrades – A111CWB3- P2Z): $136,000.00
B. Senior Center Mechanical (Mechanical Upgrades –
A111CMC4-P2Z): $226,000.00
C. Community Center Mechanical (Mechanical Upgrades –
A111CWB1-P2Z): $468,000.00
D. Senior Center (Exposed Duct Seal & Coating): $98,000.00 E. Community Center (Exposed Duct Seal & Coating):
$126,000.00
F. Community Center (Kitchen Evaporator Swamp Cooler):
$5,200.00
G. Senior Center (Kitchen Evaporator Swamp Cooler): $9,600.00 H. Community Center (Install Duct Smoke Detectors): $8,835.70 I. Senior Center (Install Duct Smoke Detectors): $8,835.70 J. Mini Center (Install Duct Smoke Detectors): $1,842.86 K. Community Center (Rotation of AC Units): $38,000.00

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

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

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

City represents and warrants to Contractor that, as of the date of this First Amendment, Contractor is not in default of any material term of the Agreement and that there have been no

ATTACHMENT B
01257.0001/948937.1
events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

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

6. Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this First Amendment , and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

ATTACHMENT B
01257.0001/948937.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
____________________________________
Rene Salas, City Manager
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

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

AC PROS, INC, a California corporation
By:

Name: Noam Ziv
Title: Chief Executive Officer
By:

Name:

Title:

Address: 18340 Ventura Blvd. #212
Tarzana, CA 91356

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

DATE: January 9, 2024
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.
24-120, AWARDING A PROFESSIONAL SERVICES

AGREEMENT (PSA) TO ONYX ARCHITECTS FOR

ARCHITECTURAL DESIGN SERVICES FOR THE SOUTH EL

MONTE CITY HALL RESTROOMS REHABILITATION
SUMMARY: Staff seeks City Council approval to award a Professional Services Agreement (PSA) to ONYX Architects for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-120, awarding a PSA to ONXY Architects for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation in the amount of $73,030; and

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

FISCAL/FINANCIAL IMPACT: The estimated total project cost is $422,745 with $184,000 funded by the California Natural Resources Agency Grant and $238,745 funded by the Community Development Block Grant program (CDBG).

The proposed services from ONXY Architects for Architectural Design Services in the amount of $73,030 will be funded from the CDBG funds. Staff will return to City Council to establish the construction budget after design documents (plans, specifications and engineer’s estimate) are completed.

DISCUSSION: The project is located at South El Monte City Hall, 1415 Santa Anita Ave., South El Monte. The proposed project involves renovating and modernizing four restrooms (at the main floor, two public restrooms and two staff restrooms) located within the City of South El Monte City Hall building. The project scope includes but not limited to the replacement of flooring, new tile, wall painting, ceiling tiles and new LED lighting/controls, new exhaust fans, doors/hardware/automatic entrance door openers,

new partitions, new fixtures and sinks/counters, new dispensers, new mirrors, new signs, accessibility ADA features and related mechanical/electrical/lighting revisions and improvements
The primary objective of the project is to have the selected design consultant to provide a complete PS&E (plans, specifications and estimates) approved by all involved jurisdictional and regulatory agencies and is ready for construction bidding for the improvements outlined in this RFP and attached documents, including meeting all requirements set by the Los Angeles County Development Authority (LACDA) and the U.S. Department of Housing and Urban Development (HUD).

On November 14, 2023, the City Council approved a Request for Proposals (RFP) for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation and authorized staff to solicit proposals for these services. Staff issued the RFP and set the due date for November 30, 2023. In response to the City’s RFP, proposals were received from two (2) providers:
• Black O’Dowd and Associates, Inc.
• ONYX Architects
The two proposals were reviewed independently by City Staff. 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. During the analysis, it was determined that Black O’Dowd and Associates, Inc failed to submit all of the required information as specified in the RFP. ONYX Architects was the sole bidder that fully complied with the submission requirements as stipulated in the RFP by the City of South El Monte.

Staff reviewed the proposals and determined that the proposal from ONYX Architects demonstrated the best understanding of the requested services. In their proposal, ONYX Architects demonstrated significant experience in similar projects, including the design of ADA-compliant restrooms for various municipalities within the San Gabriel Valley region.

The staff reached out to the references listed in ONYX Architects' proposal, which included the Redevelopment Agency of the City of Los Angeles, the cities of Pasadena and Arcadia. Positive feedback was received regarding the quality of work provided by ONYX Architects. Additionally, the proposed team and project manager demonstrated the required qualifications and experience.

Staff recommends that the City Council approve a Professional Services Agreement with ONYX Architects as the most qualified consultant to provide Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation for a total amount of $73,030 and authorize the Mayor to execute the agreement.

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

ATTACHMENT(S):

A. Onyx Agreement
B. Resolution No. 24-120

ATTACHMENT A
01257.0006/949236.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

ONYX ARCHITECTS

01257.0006/949236.1 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND

ONYX ARCHITECTS
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of January, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and ONYX ARCHITECTS, a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

ATTACHMENT A
01257.0006/949236.1 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.

ATTACHMENT A
01257.0006/949236.1 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 One Hundred Thirty Eight Thousand Four Hundred Dollars ($138,400.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

2.5 Waiver.

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

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

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

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4.4 Independent Consultant.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

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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 arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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(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.
(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.

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(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.

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

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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.

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

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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 “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.

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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.

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

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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.

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

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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 (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 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

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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.

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

ATTACHMENT A
01257.0006/949236.1 17
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.

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

ATTACHMENT A
01257.0006/949236.1 18
the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

ATTACHMENT A
01257.0006/949236.1 19
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:

ONYX ARCHITECTS, California corporation
By:

Name: Dale W. Brown
Title: CEO, Secretary and CFO
By: n/a
Name:

Title:

Address:2540 East Colorado Boulevard, Pasadena
CA 91107
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.

01257.0006/949236.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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.

01257.0006/949236.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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.

01257.0006/949236.1 A-1
EXHIBIT “A”

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

Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process.
b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous updates., and executive summary of project status to be submitted with each monthly invoice. e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

Task 2. Preliminary Engineering
a. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
b. Conduct necessary field surveys to assess existing conditions of the project area. c. Develop preliminary design.
d. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues. e. Prepare Technical specifications.
f. Environmental. The project is assumed to be a categorical exemption. g. Utility Research. The consultant shall obtain all available as-built drawings from the city and show them on project plans.

Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
a. 60% PS&E Deadline will be March 15 | 4 Weeks
b. 90% PS&E Deadline will be April 12 | 4 Weeks
c. 100% PS&E Deadline will be May 10 | 4 Weeks
b. The City will provide review comments at the 60%, and 90% design phases. a. Comments by city staff at each phase will be implemented in the preceding design phase.
c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows.

The Consultant shall prepare the Specifications per City requirements and utilizing the

01257.0006/949236.1 A-2
Standard Specifications for Public Works Construction (“Greenbook”). e. Estimate shall be prepared in spreadsheet format using Microsoft Excel. f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings). d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

Task 5. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.

Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.

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

A. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

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. Bi-weekly progress conference call updates which may be adjusted by the City as needed IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

01257.0006/949236.1 A-3
V. Consultant will utilize the following personnel to accomplish the Services:

A. Steve Kuchenski, AIA, Principal, Project Manager, Accessibility Lead, Onyx Architects
B. Daniel Sánchez, Project Leader, Onyx Architects
C. Chelsea Steiner, Designer II, Onyx Architects
D. Sam Nakhla, P.E., Senior Electrical Engineer, President of NAI Consulting Engineers
E. Mrityunjoy K. Roy, P.E., Mechanical Engineer, NAI Consulting Engineers F. Scott Feeney, CCA, CCP, CPE, LEED AP, Principal, Q 1st CM G. Ji Xia, P.E., S.E., Principal, Xia Structural

01257.0006/949236.1 B-1
EXHIBIT “B”

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

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, and 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 arising from claims by any person, firm or entity arising out of or in connection with but only to the extent actually caused by 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 caused by Consultant’s or indemnitors’ reckless or willful misconduct, or arising from caused by 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 have no obligation to defend Indemnified Parties. Consultant will reimburse Indemnified Parties its reasonable defense costs caused by Consultant’s negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction.

To the extent covered by the above, 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 caused by 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

01257.0006/949236.1 B-2
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any caused by the 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 caused by the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors

01257.0006/949236.1 C-1
EXHIBIT “C”

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

TEAM SUMMARY ONYX
Architects
NAI
Consulting
Engineers
Q 1st CM
XIA
Structural
(TBD)
Task
Subtotals
Architects MEP Cost Estimating Structural
Task 1.

Project Management $ 9,570 $ 928 $ - $ -
Task 2.

Preliminary Engineering $ 7,000 $ 4,129 $ 1,980 $ -
Task 3.

Plans, Specifications & Estimate $ 21,260 $ 4,205 $ 8,580 $ - Task 4
Bidding and Construction Support $ 11,860 $ 1,438 $ - $ - Task 5.

Prepare Record Drawings (AsBuilts) $ 1,820 $ 260 $ - $ - Consultant Subtotals $ 51,510 $ 10,960 $ 10,560 $ - $ 73,030 Grand Total $ 73,030
II. 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.

III. 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.

01257.0006/949236.1 C-2
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

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

01257.0006/949236.1 C-3
EXHIBIT “C”-1
ONYX Hourly Rate Schedule
Managing Principal $400.00/hr
Principal $325.00/hr
Associate Principal $280.00/hr
Associate $275.00/hr
Architect $225.00/hr
Project Leader $220.00/hr
Senior Project Captain $200.00/hr
Project Captain $185.00/hr
Interior Designer $180.00/hr
Project Coordinator $160.00/hr
Designer II $145.00/hr
Designer I $120.00/hr
Administrative/Clerical $110.00/hr
XIA Structural Engineers, Inc.

Principal / Senior Engineer $220.00/hr
Project Engineer $150.00/hr
Junior Engineer $120.00/hr
Senior Drafter / BIM Modeler $130.00/hr
Junior Drafter $90.00/hr
Administrative $40.00/hr

01257.0006/949236.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule
FEBRUARY 5 — MAY 31 | 17 WEEKS
Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City departments, overall schedule and the implementation process.
b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered.
c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with continuous
updates., and executive summary of project status to be submitted with each monthly invoice.
e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

FEBRUARY 5 — FEBRUARY 16 | 2 WEEKS
Task 2. Preliminary Engineering
a. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
b. Conduct necessary field surveys to assess existing conditions of the project area.
c. Develop preliminary design.
d. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues.
e. Prepare Technical specifications.

01257.0006/949236.1 D-2
f. Environmental. The project is assumed to be a categorical exemption.
g. Utility Research. The consultant shall obtain all available as-built drawings from the city and show them on project plans
FEBRUARY 19 — MAY 10 | 12 WEEKS
Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%. a. 60% PS&E Deadline will be March 15 | 4 Weeks
b. 90% PS&E Deadline will be April 12 | 4 Weeks
c. 100% PS&E Deadline will be May 10 | 4 Weeks
b. The City will provide review comments at the 60%, and 90% design phases.
a. Comments by city staff at each phase will be implemented in the preceding design phase.
c. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff. d. Specifications shall be furnished using the latest edition of Microsoft Word for Windows. The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”). e. Estimate shall be prepared in spreadsheet format using Microsoft Excel.
f. The Consultant shall create a comment matrix to verify all City comments are addressed with each submittal.

JUNE 3 — SEPTEMBER 20 | 16 WEEKS (SUBJECT TO CHANGE PENDING CONTRACTOR’S SCHEDULE)
Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings).
d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.

01257.0006/949236.1 D-3
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.

SEPTEMBER 9 — SEPTEMBER 20 | 2 WEEKS
Task 5. Prepare Record Drawings (As-Builts)
a. Prepare as-built drawings based on field red-lined as-built information provided by the City’s Construction Contractor.

Submittal Format of documents prepared by the selected Design Consultant:
a. All submittals to City shall be made via electronic submittals. b. All submittal shall be in pdf format.
c. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

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

A. Final submittals shall be dwg (AutoCAD) for plans with wet signed mylars, specifications in MS Word, Estimates in Excel, and all other documents in pdf.

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

ATTACHMENT B
RESOLUTION NO. 24-120

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING PROFESSIONAL SERVICE AGREEMENT TO

ONYX ARCHITECTS FOR ARCHITECTURAL DESIGN

SERVICES FOR THE SOUTH EL MONTE CITY HALL

RESTROOMS REHABILITATION
WHEREAS, on November 14, 2023, the City Council authorized staff to issue a Request for Proposals (RFP) for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation
WHEREAS, on November 15, 2023, City staff issued a Request for Proposal (RFP) for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation with a proposal due date of November 30, 2023; and
WHEREAS, the City received two (2) proposals from Black O’Dowd and Associates, Inc. and ONYX; and
WHEREAS, the City evaluated the proposal and determined that ONYX Architects was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services; and
WHEREAS, ONXY Architects demonstrated experience in similar projects including the design of ADA-compliant restrooms for various municipalities within the San Gabriel Valley region; and
WHEREAS, City staff contacted ONXY Architects’ references including Redevelopment Agency of the City of Los Angeles, the cities of Pasadena and Arcadia, and received positive feedback on the quality of the work provided by ONXY Architects.

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 architectural design 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.

ATTACHMENT B
SECTION 3: Upon reviewing the proposals submitted for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation, the City Council hereby finds that ONXY Architects has submitted the most qualified proposal pursuant to the City’s purchasing policy, in the amount of $73,030.00.

SECTION 4: The City Council hereby authorizes the City Manager, or his designee, to take all actions necessary to effectuate and execute a professional service agreement with ONXY Architects in the amount of $73,030, subject to the approval by the City Attorney as to form.

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

PASSED, APPROVED AND ADOPTED this 9th day of January 2024. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

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. 24-120 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 9th day of January 2024 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

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

DATE: January 9, 2024
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 FOR AUTHORIZATION TO ADVERTISE
FOR CONSTRUCTION BIDS – REMOVE AND REPLACE

FLOORS AT THE SENIOR CENTER AND THE COMMUNITY
CENTER’S BASKETBALL GYM
SUMMARY: Staff seeks City Council approval to advertise for construction bids for the removal and replacement of floors in the Senior Center and the Community Center’s Basketball Gym.

RECOMMENDED ACTION: Staff recommends City Council approve the construction bid package to solicit proposals from qualified contractors for the removal and replacement of floors in the Senior Center and the Community Center’s Basketball Gym.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact at this time. Staff will bring back this item to City Council once proposals have been received.

DISCUSSION: The Senior Center and Community Center play crucial roles as community spaces for both the youth and elderly populations. These facilities offer yearround essential services and facilitate community engagement through various social, recreational, and educational activities. Due to the high use of these facilities, the wear and tear on the buildings, particularly the flooring have adversely affected both their appearance and functionality.

To comprehensively address these issues, staff is requesting the authorization to release construction bid package for the replacement of the flooring at the Senior Center and the Community Center’s Basketball Gym. This will enable the City to engage qualified contractors who can perform the necessary renovations, ensuring timely and budgetconscious renovations to maintain the facilities' quality and usability.

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

ATTACHMENT(S):

A. NIB, SEM, COMMUNITY CENTER BASKETBALL GYM FLOORING

IMPROVEMENTS
B. NIB, SEM, SENIOR CENTER FLOORING IMPROVEMENTS

ATTACHMENT A

NOTICE INVITING BIDS
FOR

COMMUNITY CENTER BASKETBALL GYM FLOORING IMPROVEMENTS PROJECT City Project No.: 636
NOTICE IS HEREBY GIVEN that the City of South El Monte, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, 1415 N.

Santa Anita Avenue, South El Monte, California 91733 up to 2:00 PM on February 6, 2024, at which time they will be publicly opened and read aloud.

NON-MANDATORY PRE-BID MEETING AND SITE VISIT. A non-mandatory pre-bid meeting will be held on January 24, 2024 at 10:00 AM at the project site (Address: 1556 Central Avenue, South El Monte, CA 91733). No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid.

No bid will be received unless it is made on a proposal form furnished by the City. All bid forms including all schedules attached thereto must be filled in and completed.

The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project.

Major work components include remove and replace vinyl gym flooring at Community Center.

Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:

1. Please e-mail your request with your contact information to: [email protected].

Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.

2. Hard copies will not be mailed.

The Contractor shall complete all work within 40 working days of the issuance of the Notice to Proceed.

Estimated cost is $150,000.

Each bid must be accompanied by cash or a certified check or a cashier's check or bidder's bond made payable to the City of South El Monte for an amount equal to at least ten percent (10%) of the total contract price.

In accordance with provisions of Section 3300 of the California Public Contract Code, City of South El Monte has determined that the contractor shall possess a C-15 valid California Contractor’s License. Failure to possess such license may render the bid as non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and subcontractors will be required to possess business licenses from the City of South El Monte.

This project is subject to the requirements of SB 854. Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. All Bidders and listed subcontractors must be currently registered with the California State Department of Industrial Relations pursuant to Labor Code §1725.5 prior to submitting a Bid.

All questions regarding this bid shall be directed no later than 7 calendar days prior to bid due

date and time in writing via email:

Michael Brust, Project Manager
[email protected]

ATTACHMENT B

NOTICE INVITING BIDS
FOR

SENIOR CENTER FLOORING IMPROVEMENTS PROJECT
City Project No.: 635
NOTICE IS HEREBY GIVEN that the City of South El Monte, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, 1415 N.

Santa Anita Avenue, South El Monte, California 91733 up to 2:00 PM on February 6, 2024, at which time they will be publicly opened and read aloud.

NON-MANDATORY PRE-BID MEETING AND SITE VISIT. A non-mandatory pre-bid meeting will be held on January 23, 2024 at 10:00 AM at the project site (Address: 1556 Central Avenue, South El Monte, CA 91733). No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid.

No bid will be received unless it is made on a proposal form furnished by the City. All bid forms including all schedules attached thereto must be filled in and completed.

The work consists of furnishing all materials, equipment, tools, labor, and incidentals as described in detail in the Bidding and Contract Documents, Plans and Specifications to construct the project.

Major work components include remove and replace vinyl flooring at Senior Center.

Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:

1. Please e-mail your request with your contact information to: [email protected].

Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.

2. Hard copies will not be mailed.

The Contractor shall complete all work within 40 working days of the issuance of the Notice to Proceed.

Estimated cost is $100,000.

Each bid must be accompanied by cash or a certified check or a cashier's check or bidder's bond made payable to the City of South El Monte for an amount equal to at least ten percent (10%) of the total contract price.

In accordance with provisions of Section 3300 of the California Public Contract Code, City of South El Monte has determined that the contractor shall possess a C-15 valid California Contractor’s License. Failure to possess such license may render the bid as non-responsive and bar the award of the contract to that non-responsive Bidder. The successful Contractor and subcontractors will be required to possess business licenses from the City of South El Monte.

This project is subject to the requirements of SB 854. Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. All Bidders and listed subcontractors must be currently registered with the California State Department of Industrial Relations pursuant to Labor Code §1725.5 prior to submitting a Bid.

All questions regarding this bid shall be directed no later than 7 calendar days prior to bid due

date and time in writing via email:

Michael Brust, Project Manager
[email protected]

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

DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: SELECTION OF MAYOR PRO TEM
SUMMARY: The City Council will consider appointing a Mayor Pro Tem from among its members. The term of office shall be for one year, or until the City Council selects a successor.

RECOMMENDED ACTION: Staff recommends City Council select a Mayor Pro Tem from among its members for a term of one year.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: Per Section 2.16.050 of the South El Monte Municipal Code, the council shall, by a majority vote of its membership, select a Mayor Pro Tem within the one-month period following each general election. The term of office of the Mayor Pro Tem shall be for one year, or until the council selects a successor. The Mayor Pro Tem has all the powers and duties of the mayor if the Mayor is absent or unable to act.

ATTACHMENT(S):

A. Listing of Vice Mayor Mayor Pro Tem Terms 2004 - Present

CITY OF SOUTH EL MONTE

LISTING OF MAYOR/VICE MAYOR

MAYOR/MAYOR PRO TEM
2004 TO PRESENT
March 23, 2004
Mayor Blanca M. Figueroa
Vice Mayor Luis “Louie” Aguinaga
November 30, 2005
Mayor Blanca M. Figueroa
Vice Mayor Joseph J. Gonzales
July 12, 2006
Mayor Blanca M. Figueroa
Mayor Pro Tem Angelica R. Garcia
November 27, 2007
Mayor Blanca M. Figueroa
Mayor Pro Tem Hector Delgado
November 12, 2008
Mayor Blanca M. Figueroa
Mayor Pro Tem Luis “Louie” Aguinaga
December 8, 2009
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Joseph J. Gonzales
December 14, 2010
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Hector Delgado
December 13, 2011
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Willhans A. Ili
December 11, 2012
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Angelica R. Garcia
December 10, 2013
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Joseph J. Gonzales

January 13, 2015
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Hector Delgado
January 12, 2016
Mayor Luis “Louie” Aguinaga
Mayor Pro Tem Gloria Olmos
August 9, 2016
Mayor Luis “Louie Aguinaga - Resigned
August 9, 2016
Mayor Pro Tem Gloria Olmos
January 10, 2017
Mayor Pro Tem Gloria Olmos
March 7, 2017
Mayor Gloria Olmos
April 11, 2017
Mayor Gloria Olmos
Mayor Pro Tem Angelica R. Garcia
December 12, 2017
Mayor Gloria Olmos
Mayor Pro Tem Richard Angel
January 8, 2019
Mayor Gloria Olmos
Mayor Pro Tem Manuel Acosta
January 14, 2020
Mayor Gloria Olmos
Mayor Pro Tem Gracie Retamoza
January 12, 2021
Mayor Gloria Olmos
Mayor Pro Tem Richard Angel
January 11, 2022
Mayor Gloria Olmos
Mayor Pro Tem Manuel Acosta

January 10, 2023
Mayor Gloria Olmos
Mayor Pro Tem Richard Angel

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

DATE: January 9, 2024
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: LETTER FROM MONTEBELLO BREWERS BASEBALL

CORPORATION REQUESTING A FACILITY FEE WAIVER
FOR THE USE OF DEAN L. SHIVELY PARK FIELD AND NEW

TEMPLE PARK FIELDS, CONSIDERATION OF A FIFTY

PERCENT DISCOUNT ON THE RESERVATION LIGHT FEES,

AND CONSIDERATION TO HOST TWO BASEBALL

TOURNAMENTS
SUMMARY: The Montebello Brewers Baseball Corporation ("Brewers") is requesting facility fee waivers for the use of the Dean L. Shively Park field and New Temple Park fields. In addition, the Brewers are also requesting a 50% discount on the reservation light fees and approval to host two (2) baseball tournaments.

RECOMMENDED ACTION: Staff recommend City Council discuss and consider:

1. Facility reservation fee waiver request for the use of Dean L. Shively Park field and New Temple Park fields;

2. A 50% discount on the reservation light fees at Dean L. Shively Park and New Temple Park; and

3. Approval to host two (2) baseball tournaments
FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $31,750.00 and the Brewers will be responsible for all remaining costs including, but not limited to, light fees, insurance coverage, and refundable damage deposits.

If the City Council approves the requested 50% reservation light fee discount for Dean L.

Shively Park and New Temple Park, the General Fund will forego an additional estimated revenue of $3,765.00.

This amount may vary based upon updates or further changes to the reservation. Any increase in the requested waiver amounts will require City Council approval and should be submitted in a timely manner by the Brewers in the form of a request letter.

Please refer to Attachment A, Cost Details, summarizing the details associated with the reservation fee waiver request.

DISCUSSION: The Brewers are a certified non-profit organization that invites boys between the ages of 8 - 16 to try out for the competitive travel baseball program. In recent years, the City has sponsored the program by waiving the facility use fees for the fields at Dean L. Shively Park and New Temple Park.

The Brewers are requesting a fee waiver for the use of the fields at both parks for practices, games, and tournaments. The fee waiver includes the rental of the five (5) New Temple Park fields and the one (1) field at Dean L. Shively Park for the amount of $31,750.00. The Brewers reservation dates are listed as follows:

Dates: March 1, 2024 to June 28, 2024
Park: Dean L. Shively Park
Days: Sunday to Monday
Time: Sundays- 9:00 a.m. to 6:00 p.m./ Monday to Friday- 5:30 p.m. to 8:30 p.m./ Saturdays- 12:00 p.m. to 6:00 p.m.

Dates: July 1, 2024 to July 31, 2024
Park: Dean L. Shively Park
Days: Monday, Friday, Saturday, Sunday
Time: Monday & Friday- 5:30 p.m. to 8:30 p.m./ Saturday & Sunday - 9:00 a.m. to 6:00 p.m.

Dates: August 2, 2024 to August 31, 2024
Park: New Temple Park
Days: Monday, Friday, Saturday, Sunday
Time: Monday & Friday- 5:30 p.m. to 8:30 p.m./ Saturday & Sunday- 9:00 a.m. to 6:00 p.m.

In addition, the Brewers are requesting to host two (2) baseball tournaments. The Breast Cancer Awareness Tournament is scheduled for Saturday, October 5, 2024 to Sunday, October 6, 2024, which will raise funds that will be donated to the City of Hope Hospital.

The Toys for Tots Tournament is scheduled for Saturday, December 7, 2024 to Sunday, December 8, 2024 which collects toys that will be donated to the South El Monte Christmas Wish Toy Giveaway.

Lastly, the Brewers are requesting the City Council consider a 50% reservation light fee discount for the field reservations in the estimated amount of $3,765.00.

According to the current Facility Reservation Regulation and Fee Schedule, community partners and non-profit organizations are permitted a fee waiver request which solely covers the facility rental fees. All other fees related to the reservation, including but not limited to, lighting, staff, dragging, etc. are the responsibility of the renter. The City Council has the discretion to waive any fees associated with the reservation. If the request is granted, the Brewers must allow priority use of the fields to any South El Monte based organization or program during their approved reservation time.

ATTACHMENT(S):

A. Brewers Baseball Reservation Cost Details
B. Brewers Baseball Reservation Application
C. Brewers Baseball Request Letter

ATTACHMENT A
Waived Facility Rental Fees
Fee Description Units Total
Shively Park Reservation Fee $50/hour x 542 hours $27,100.00 New Temple Park Reservation Fee $50/hour x 93 hours $4,650.00 Total Waived Fees: $31,750.00
Non-Waived Fees
Light Fees Full Price Units Total
Shively Park Light Fee $30/hour x 233 hours $6,990.00
New Temple Park Light Fee $30/hour x 18 hours $540.00
Total Light Fees: $7,530.00
Light Fees At 50% Discount Units Total
Shively Park Light Fee $15/hour x 233 hours $3,495.00
New Temple Park Light Fee $15/hour x 18 hours $270.00
Total Light Fees: $3,765.00
Fee Description Units Total
New Temple Park Damage Deposit: $500.00 $500.00
Shively Park Damage Deposit: $500.00 $500.00
Total Damage Deposit Fees: $1,000.00
Total requested fees waived (without 50% Light Fee Discount): $31,750.00 Total Requested Fees Waived (including 50% Light Fee Discount): $35,515.00

ATTACHMENT B
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
Shively Park
_____X_______ Field
Date of Event: March 1, 2024 to
June 28, 2024
Day(s): Sunday to Saturdays Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Games and Practices Reservation Time Mon to Fri: 5:30 pm__ to 8:30 pm Sundays 9:00 am to 6:00 pm Reservation Time Saturday: _12:00 pm_ to 6:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

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

APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.

Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball_________________ ______ DATE OF USE: 3/1/24 to 6/28/24____ FACILITY: Dean L. Shively Park Field _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 452 Hours $ 22,600.00
Light Fee $ 30 Per Hour x 210 Hours $ 6,300.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ Na
ABC Permit Agency will provide $ NA
TOTAL: $ 29,400.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
______x______ Field
____________ Picnic Area
Date of Event: July 1, 2024 to July
31, 2024
Day(s): Monday, Friday,
Saturday, Sunday
Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Practices and Games Mondays and Fridays Time: 5:30 pm__ to 8:30 pm Set up Time: to Time Saturday and Sunday: 9:00 am to 6:00 pm Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? Yes If yes, name of caterer?
Portable Stage needed? No
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Inc.

Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball______________________ ______ DATE OF USE: 7/1/24 to 7/31/24_ FACILITY: __Shively Park Field _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 90 Hours $ 4,500.00
Lighting Fee $ 30 Per Hour x 23 hours $ 690.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ NA
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 5,190.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
_____X_______ Field
Shively Park
____________ Field
Date of Event: August 2, 2024 to
August 31, 2024
Day(s): Monday, Friday, Sunday
and Saturdays
Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Games and Practices Reservation Time Mon to Fri: 5:30 pm__ to 8:30 pm Sundays 9:00 am to 6:00 pm Reservation Time Saturday: _9:00 pm_ to 6:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

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

APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.

Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball______________________ ______ DATE OF USE: 8/2/24 to 8/31/24_ FACILITY: __New Temple Park Fields _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 93 Hours $ 4,650.00
Lighting Fee $ 30 Per Hour x 18 hours $ 540.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: 1
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

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

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

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

APPLICATION PROCESS:

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

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

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

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

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

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

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

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

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

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

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

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

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

Security services will be added into total fees.

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

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

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

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

DECORATIONS/SET-UP:

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

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

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

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

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

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

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

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

3. Smoking is not permitted on City property.

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

PROHIBITED CONTINUED:

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

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

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

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

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

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

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

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

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

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

REFUND OF SECURITY DEPOSIT:

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

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

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

CANCELLATION POLICY:

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

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

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

Applicant’s Signature: _________________________________________ Date: ______________________

ATTACMMENT C
To the respected board members of City of South El Monte The Brewer Baseball Organization is non-profit travel baseball organization whose president has been a resident of your city for as many years as he has been president (30+ yrs. and counting).

Brewers have paid all costs requested of the city for field usage. We are coming to you today not asking for free but for a 50% discount on light charges. We are a non-profit organization and are paying over $1,000 monthly. We try to do as much as we can for our players, parents, and the wonderful city of South El Monte we represent.

We hold two major tournaments a year for in partnership with the City of South El Monte. October is our Cancer awareness tournament and proceeds are donated to St Jude hospital and City of hope in the name of Brewers and City of South El Monte. In December we hold our “Toys for tots” and have collected over 800 toys a year for the City of South El Monte.

Any support the city can give us with field costs would be much appreciated and in return we will continue to take care of the fields we use to assure they are in ready for next sport coming in to use them.

Thank you again to The City Of South El Monte for all of your support.

Brewers Baseball Organization

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

DATE: January 9, 2024
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: LETTER FROM SOUTH EL NATIONAL LITTLE LEAGUE

REQUESTING A FACILITY FEE WAIVER FOR THE USE OF

THE NEW TEMPLE PARK FIELDS, COMMUNITY CENTER

GYM, AND MARY VAN DYKE COMMUNITY ROOM,

CONSIDERATION TO WAIVE THE PARK LIGHT FEES, AND

CONSIDERATION TO WAIVE THE FEES FOR THE

INSTALLATION AND REMOVAL OF THE FIELD FENCE
SUMMARY: The South El Monte National Little League ("SEMNLL") is requesting reservation facility fee waivers for the use of New Temple Park Fields, Community Center Gymnasium, and Mary Van Dyke Community Room. In addition, SEMNLL is requesting the City Council consider waiving the park reservation light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park.

RECOMMENDED ACTION: Staff recommend City Council discuss and consider:

1. Facility reservation fee waiver request for the use of the New Temple Park Fields, Community Center Gymnasium, and Mary Van Dkye Community Room;

2. Waiving the reservation light fees at New Temple Park; and

3. Waiving the fees incurred to install and remove (5) fences at New Temple Park.

FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $62,700.00 and SEMNLL will be responsible for all remaining costs including, but not limited to, light fees, insurance coverage, fence installation, etc.

If City Council also approves waiving the light fees and/or the labor cost incurred to install and remove five (5) fences at New Temple Park, the additional revenues foregone or cost incurred by the General Fund are as follows: 1.) the estimated cost to waive the light fees is approximately $12,390.00, and 2.) the estimated cost to waive the labor cost incurred to install and remove five (5) fences is approximately $5,000.00.

Please refer to Attachment A, South El Monte National Little League Cost Details, summarizing the fees associated with the reservation.

DISCUSSION: The City has been a long-time sponsor and supporter of the SEMNLL.

SEMNLL is a non-profit group composed of 100% volunteers who service the City by providing an affordable baseball and softball program for children ages 6-15.

The City designated SEMNLL as a City grandfathered-youth sports organization that has first-use-right refusal of the fields at the park during their agreed-upon season. SEMNLL is listed in a joint use agreement between the City and the Valle Lindo School District with access to New Temple Park and Dean L. Shivley Park from January 1st to July 31st.

This year, the SEMNLL wishes to host a fall season, with proposed dates of September 2, 2024 to December 6, 2024, which would extend past the agreement time and overlap into the SEM/EL Jets ("Jets") season. The Jets are also listed in the joint use agreement with the Valle Lindo School District with access to the parks from August 1st to December 31st. The Jets use the fields three (3) days a week for practices on Tuesdays, Wednesdays, and Thursdays and host games on Saturdays at South El Monte High School. This schedule allows SEMNLL to host a fall season on Mondays, Fridays, Saturdays, and Sundays with no impact on the Jets' schedule. SEMNLL must forfeit and render any reservation dates that fall under the Jets allowed times. The Jets can request reservation updates at any time during the SEMNLL fall season. The SEMNLL reservation dates are listed as follows:

SEMNLL Regular Season Reservation
Dates: February 1, 2024 to July 31, 2024
Days: Monday to Saturday
Times: Monday to Friday- 5:00 p.m. to 9:00 p.m./ Saturday- 9:00 a.m. to 6:00 p.m.

Park: New Temple Park
Fields: 5 fields
SEMNLL Fall Season Reservation
Dates: September 2, 2024 to December 6, 2024
Days: Monday, Friday, Saturday, Sunday
Time: Monday & Friday- 5:00 p.m. to 9:00 p.m./Saturday & Sunday- 9:00 a.m. to 6:00 p.m.

Park: New Temple Park
Fields: 5 fields
Fundraiser Comedy Night
Date: Saturday, April 20, 2024
Time: 4:00 p.m. to 12:00 a.m.

Facility: Community Center Gymnasium
Managers Meeting
Date:Tuesday, Februaury 12, 2024
Time: 6:00 p.m. to 8:00 p.m.

Facility: Mary Van Dyke Community Room
Additionally, SEMNLL is requesting that the City Council consider waiving the light fees in the estimated amount of $12,390.00 and labor costs incurred to install and remove five (5) fences at New Temple Park in the estimated amount of $5,000.00. The City Council

has the discretion to approve or deny any request not approved in the Facility Reservation Regulations and Fee Schedule.

ATTACHMENT(S):

A. South El Monte National Little League Cost Details
B. Little League Facility Applications
C. South El Monte National Little League Letter

ATTACHMENT A
South El Monte National Little League Reservation Cost Details Waived Facility Rental Fee
Fee Description Units Total
New Temple Park Fields Regular
Season
$50/hr x 914 hrs $45,700.00
New Temple Park Fields Fall Season $50/hr x 320 hrs $16,000.00 Community Center Gym 4/20/23 $100/hr x 8 hrs $800.00
Mary Van Dyke Community Room $200 Flat Rate $200.00
Total: $62,700.00
Non- Waived Fees
Fee Description Units Total
New Temple Park Refundable
Damage Deposit
$500.00 $500.00
New Temple Park Insurance
Coverage
Agency will Provide N/A
Community Center Gym
4/20/22 Reservation
Staff Time $16/hr x 3 staff x 8 hrs $384.00
Security Guards $38/hr x 2 staff x 8 hrs $608.00
Alcoholic Insurance Coverage $170.90
Cleaning Fee $300.00
Damage Deposit $600.00
Mary Van Dyke Community
Room
Damage Deposit $50.00
Total: $2,612.00
Special Request to Waive Light Fees
Fee Description Units Total
New Temple Park Regular Season $30/hr x 325 hrs $9,750.00 New Temple Park Light Fee Fall Season $30/hr x 88 hrs $2,640.00 Total: $12,390.00
❖ Amount may vary due to additional request or cancellation Special Request to Waive Fence Installation and Removal Fee Description Units Total
New Temple Park Fencing (5) fence installation and removal $5,000.00

ATTACHMENT B
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____X________ Field
Shively Park
____________ Field
Date of Event: February 1, 2024
to July 31, 2024
Day(s): Monday to Saturdays Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball and Softball Games and Practices Time Mon to Thur: 5:00 pm__ to 9:00 pm Sundays 9:00 am to 6:00 pm Reservation Time Saturday: _9:00 am_ to 6:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

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

APPLICANT INFORMATION
Name: Cristina Rodriguez Organization/Business: South El Monte National Little League
Address: City: South El Monte Zip Code: 91733
Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: South El Monte National Little League ______________ ______ DATE OF USE: 2/1/23 to 7/31/23____ FACILITY: New Temple Park Fields _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 914 Hours $ 45,700.00
Light Fee $ 30 Per Hour x 325 Hours $ 9,750.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit Agency will provide $ NA
TOTAL: $ 55,950.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
_____x_______ Field
____________ Picnic Area
Shively Park
____________ Field
____________ Picnic Area
Date of Event: September 2, 2024
to December 6,
2024
Day(s): Monday, Friday,
Saturday, Sunday
Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball and Softball Practices and Games Mondays and Fridays Time: 5:00 pm__ to 9:00 pm Set up Time: to Time Saturday and Sunday: 9:00 am to 6:00 pm Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? Yes If yes, name of caterer?
Portable Stage needed? No
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

APPLICANT INFORMATION
Name: Cristina Rodriguez Organization/Business: South El Monte National Little League
Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: South El Monte National Little League Fall Season ___ ______ DATE OF USE: 9/1/24 to 12/6/24_ FACILITY: __New Temple Park Fields _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 320 Hours $ 16,000.00
Lighting Fee $ 30 Per Hour x 88 hours $ 2,640.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 19,140.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS _x__ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke _x__ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
____________ Field
____________ Picnic Area
Date of Event: April 20, 2023 Day(s): Saturday Estimated Attendance:
__100______
Purpose of Event/Function: Fundraiser Comedy Night
Time: 4:00 pm__ to 12:00 am Set up Time: to
to Clean up Time: to
Will the event be open to the public? Yes
Will there be entertainment? Yes If yes, what type? _DJ and Comedian________________ Will food be served? Yes If yes, name of caterer?
Portable Stage needed? Yes
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

APPLICANT INFORMATION
Name: Cristina Rodriguez Organization/Business: South El Monte National Little League
Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: South El Monte National Little League Fundraiser ___ ______ DATE OF USE: April 20, 2023_ FACILITY: __Community Center _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 100 Per Hour x 8 Hours $ 800.00
Staff Fee $ ___16.00_____x ___3____ # Staff (s) x ___8___ Hours $ 384.00 Security Guard Fee $ ______38.00___x ___2___ # Guard (s) x __8___ Hours $ 608.00 Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 2,292.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us

RECREATION SERVICES FACILITY & PARK

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

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke __ Gymnasium ___ Arts and Craft Room ___ Wading Pool _x_ Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
____________ Field
____________ Picnic Area
Date of Event: February 12, 2024 Day(s): Monday Estimated Attendance:
__35______
Purpose of Event/Function: Managers Meeting
Time: 6:00 pm__ to 8:00 pm Set up Time: to
to Clean up Time: to
Will the event be open to the public? Yes
Will there be entertainment? Yes If yes, what type? _DJ and Comedian________________ Will food be served? Yes If yes, name of caterer?
Portable Stage needed? Yes
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

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

APPLICANT INFORMATION
Name: Cristina Rodriguez Organization/Business: South El Monte National Little League
Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

City of South El Monte Recreation Services Department
APPLCIANT NAME: South El Monte National Little League Meeting ___ ______ DATE OF USE: February 12, 2024_ FACILITY: __Mary Van Dyke Community Room _________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 200 Day Rate $ 200.00
Staff Fee $ ________x _______ # Staff (s) x ______ Hours $ NA Security Guard Fee $ _________x ______ # Guard (s) x _____ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $50.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 250.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

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

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

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

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

APPLICATION PROCESS:

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

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

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

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

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

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

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

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

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

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

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

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

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

Security services will be added into total fees.

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

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

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

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

DECORATIONS/SET-UP:

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

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

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

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

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

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

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

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

3. Smoking is not permitted on City property.

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

PROHIBITED CONTINUED:

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

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

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

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

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

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

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

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

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

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

REFUND OF SECURITY DEPOSIT:

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

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

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

CANCELLATION POLICY:

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

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

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

Applicant’s Signature: _________________________________________ Date: ______________________

National Little League of South El Monte
P.O. Box 9134, South El Monte, CA 91733
Incorporated 1061
South El Monte Council
Dear City Council,
National Little League of South El Monte is a non-profit organization that has been serving the city of South El Monte and its residentssince 1961. The league is run by 100% volunteers consisting of parents/people of the community. In our program, the children learn teamwork, how to deal with pressure, maintain positive attitudes and how to play by the rules. These are all very important social skills and traits the children can apply to other areas of their life. These core values that the children learn in our program will help them become successful citizens later in life.

We appreciate all the support that the city has provided our program in the past and ask for your continued support to our league, and most importantly, to the community of South El Monte.

Seeing our City Council at our games was a highlight in the 2023 Season and we invite you all once again to join us in watching our teams get prepared in making it to the Tournament of Champions and in the All Stars Series!
We pride ourselves in being one of the Little League Partners to have low fees, but in keeping the fees low, we are unable to provide the ultimate experience for our players. We have added the opportunity for some of our players who are unable to pay to assist the League in game day activities in order to avoid the family a hardship.

National Little League of South El Monte would like to request your assistance with allowing our program the use of city facilities along with putting up the fences and lights at no cost for our upcoming 2024 season.

Any help would be greatly appreciated!
Thank you again for your ongoing support.

Cristina Rodriguez – President
Attachment C

National Little League of South El Monte

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

DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gloria Olmos, Mayor
SUBJECT: MAYOR GLORIA OLMOS

1. Direction to Contact Edison to Repair Streetlights that are out in the City, and Check Day Burners.

RECOMMENDATION: Discussion and/or action.

2. Consideration to Approve $500 Donation to the South El Monte/El Monte Jets
RECOMMENDATION: Discussion and/or action.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Letter to council

El Monte/South El Monte (EMSEM) Jets
a
Jr. All American Football and Cheer Youth Organization - 2 0 2 3-24 Season P.O. Box 4523
El Monte, CA 91734
Tel: (626) 297-0036
Email: [email protected]
January 2024
South El Monte City Mayor and Council,
In the cities of El Monte and South El Monte, there is nothing more important than fostering responsible, hardworking and respectful citizens. This journey, for many of our participants, begins with the El Monte/South El Monte (EM/SEM) Jets Youth Football and Cheer program.

As our football season is over, one of our teams had their last game at SoFi stadium vs East Whittier last month. I was able to arrange a great experience for this team which I hope they enjoyed. Our cheer season will be over by mid February. We are currently preparing ourselves for a competition in Las Vegas, NV.

It has been a tough year just like any other season but we finally seem to have control of our league and it's in great standings. I could not have done this without the support of my board members and our volunteers.

I'm reaching out in regards to the city donating funds towards our league. I would like to Thank my board and staff for their time and dedication to all of our kids in our program. Without any of us this will not be possible. The city's donation will help me get started. Last year I asked for it to go towards our league banquet however this year all teams did their own, as well as cheer will doing theirs once season is over. Our board had a unanimous decision on not having a league banquet for many reasons. One of the main reasons is that our parents tend to leave once their kid gets their trophy and therefore leaves the older kids with no audience participation.

I'd like to thank the staff and volunteers with dinner or a bbq. If we aren’t able to settle on a date then I would like to pay for part of their new fees for the 2024 season since luckily they are all coming back with the exception of one individual. Our volunteers expenses are roughly about $125 every season for multiple classes and training. Even if we can pay for one of their classes it will be helpful and encouraging to them for their return.

I appreciate all the support you all have shown our league. I hope we continue to make our city proud and make the Jets the team everyone wants to play for. This league helps our youth tremendously.

Thank you,
Blanca Villa (President)
626.297.0036