South El Monte City Council
January 9, 2024

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

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
January 9, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

PUBLIC COMMENT
To participate during public comment via teleconference, see below:

Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or call in: 1 669 900 6833, when prompted, enter 86581711880#

LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 652-3180 or (626) 652-3121 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 652-3180 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.

VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.

ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:

Donna G. Schwartz, CMC, City Clerk
Ph (626) 652-3180
Cell (626) 274-4842
Robert Molina, Interim Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

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

2. PLEDGE OF ALLEGIANCE
Councilmember Hector Delgado

3. INVOCATION
Deborah Martinez, Shield of Faith Christian School

4. PRESENTATIONS

4.a. Awards Presented to the 2023 Holiday Home Decorating Contest Winners

4.b. Presentation by Chris Knight, El Monte/South El Monte Chamber of Commerce on the Past Year Activities

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

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

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

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

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

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF DECEMBER 12, 2023

Staff is requesting approval of Minutes for the December 12, 2023, Regular City Council meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the December 12, 2023, Regular City Council meeting.

CONSENT CALENDAR (CONTINUED)

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-113, APPROVING WARRANTS FOR THE PERIOD OF DECEMBER 13, 2023, THROUGH JANUARY 9, 2024

Authorizing payment of City expenditures for the period of December 13, 2023, through January 9, 2024 totaling $1,661,972.96
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-113, authorizing payment of City expenditures.

7.c. CONSIDERATION FOR AUTHORIZATION TO SEEK REQUEST FOR

PROPOSALS (RFP) FOR SEWER RATE STUDY

Staff seeks City Council approval to issue Request for Proposals (RFP) to prepare sewer rate study.

RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified firms to prepare sewer rate study.

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION 24-117,

APPROVING AN AMENDED CITY FACILITY RESERVATION

REGULATIONS AND FEES POLICY TO INCLUDE ADDITIONAL

CRITERIA FOR NON-PROFIT ORGANIZATIONS TO QUALIFY FOR A

FACILITY FEE WAIVER

Consideration of Resolution No. 24-117, approving an amended City Facility Reservation Regulations and Fees Policy to include additional criteria for non-profit organizations to qualify for a facility fee waiver.

RECOMMENDED ACTION: Staff recommends the City Council:

1. Adopt Resolution No. 24-117, approving an amended City Facility Reservation Regulations and Fees Policy to include additional criteria for non-profit organizations to qualify for a facility fee waiver upon written request including:*
a. The organization's non-profit status must have a South El Monte address registered with the State of California.
b. The organization name must include "South El Monte." c. At least 25% of the registered participants must be South El Monte residents. Rosters are required for verification.
* These provisions shall not apply to the Montebello Brewers.

CONSENT CALENDAR (CONTINUED)

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-118, CONSENTING TO THE REAPPOINTMENT OF DONNA G. SCHWARTZ

AS CITY CLERK AND APPROVAL OF AMENDED AND RESTATED

CITY CLERK EMPLOYMENT AGREEMENT

Staff is asking the City Council to consent to the reappointment of Donna G. Schwartz as City Clerk and approve her amended and restated employment agreement for services as City Clerk.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-118, approving the amended and restated employment agreement between the City and Donna G. Schwartz for the position of City Clerk; and

2. Authorize the City Manager to execute agreement.

7.f. CONSIDERATION OF RESOLUTION No. 24-119, APPROVING
AMENDMENT NO. 1 TO CONTRACT WITH AC PROS FOR AN

INCREASE IN COMPENSATION TERMS

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.

7.g. 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

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 South El Monte City Hall Restrooms Rehabilitation in the amount of $73,030; and

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

CONSENT CALENDAR (CONTINUED)

7.h. CONSIDERATION FOR AUTHORIZATION TO ADVERTISE FOR
CONSTRUCTION BIDS – REMOVE AND REPLACE FLOORS AT THE
SENIOR CENTER AND THE COMMUNITY CENTER’S BASKETBALL
GYM

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.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. SELECTION OF MAYOR PRO TEM

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.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.

Correspondence next page.

11. CORRESPONDENCE

11.a. 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

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

11.b. 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

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.

12. COUNCILMEMBERS’ AGENDA

12.a. 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.

13. CLOSED SESSION - None

14. ADJOURNMENT
Tuesday, January 23, 2024, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 4th of January 2024.

City Clerk, CMC

City Council Agenda Report
Agenda Item No. 4.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: Awards Presented to the 2023 Holiday Home Decorating Contest Winners
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: Presentation by Chris Knight, El Monte/South El Monte Chamber of Commerce on the Past Year Activities
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Chamber of Commerce PowerpointCAK update 012024

SOUTH EL MONTE/

EL MONTE
CHAMBER Of COMMERCE
“Your Independent Business
and Community Advocate”

CHAMBER MISSION

STATEMENT
The Mission of the El Monte/South El Monte
Chamber of Commerce is to be ambassadors
to the business community and a positive voice
in local economic development, while
advocating strength in education, membership,
government legislation and community.
2

PARTNER AGENCIES
• California Chamber of Commerce (CCOC)
• International Council of Shopping Centers (ICSC)
• San Gabriel Valley Economic Partnership (SGVEP)
• San Gabriel Valley Legislative Coalition of
Chambers(SGVLCC)
• Valley Association of Chamber Executives (VACE)
• BIZ Fed
• International Chamber of Commerce (ICC)
3

MEMBERSHIP STATISTICS
Investing in the Chamber gives your business credibility, visibility, and marketability.

Total membership is 420 members.
• 24 New Members, 135 Renewals
• 87 members are South El Monte businesses.
• 102 members are surrounding cities.
• 2 out of state members
• 50 members are import/export companies.
• Member retention rate is 85%.
4

Business Assistance
• For 102 year, the South El Monte-El Monte Chamber of Commerce has been supporting large and small businesses and non-profits in the City of South El Monte. • We advocate for and support economic development and community engagement between local officials, businesses, and the community of South El Monte. • Assist in developing programs and services that focus on the needs of local businesses to encourage innovation and growth of small and large businesses. • The goal of the Chamber of Commerce is providing education, advocacy and business development for business members and community involvement. • Sign and Stamp Certificate of Origin (Chamber Members ) 5

PROMINENT BUSINESSES WHO ARE

MEMBERS AND PARTNERS OF THE

CHAMBER OF COMMERCE

6

PROMINENT BUSINESSES WHO ARE

MEMBERS AND PARTNERS OF THE

CHAMBER OF COMMERCE

7

PROMINENT BUSINESSES AND WHO ARE

MEMBERS AND PARTNERS OF THE

CHAMBER OF COMMERCE
8

PROMINENT SCHOOL DISTRICTS WHO

ARE MEMBERS AND PARTNERS OF THE

CHAMBER OF COMMERCE
9

BUSINESS ECONOMIC

DEVLOPMENT
ATTRACTION and RETENTION
• Edison Trucking & Bus Driving School
• Rustic Chic/Rentals
• Lawrence Equipment
• GoodWill Industries/American Job Center
• Vacco, AMRO, The Gill Corp Employment Issues
10

IF THE CHAMBER DIDN’T, WHO
WOULD?
Legislative Involvement
• Speak up for business with government leaders regarding proposed and existing laws and regulations that have an impact on business? • Respond to requests for Demographics, questions about our businesses & community, either in person, by mail/e-mail or by phone. • Coordinate the talents of the local business community by tracking basic issues?
• Stand ready to pursue any matter which can make our area a better place to live.
• Chairing Chamber of Commerce, For the San Gabriel Valley Legislative Coalition of Chambers
11

PROMOTING the BUSINESS

COMMUNITY
• Administration of the Greater San Gabriel Valley Business Leadership Foundation.
• Administration of the Miss Friendly South El Monte/El Monte Pageant Association for 70 years.
• Connect with colleagues, Hear from Industry Leaders, Meet New Businesses.
12

VISITOR BUSINESS RESOURCE GUIDE
and CITY MAP
13

CHAMBER ACTIVITIES
January 2023 – April  2023
January:

Business Building Brunch
San Gabriel Valley of Coalition of Chambers Luncheon
Ribbon Cuttings
Farmers Market
Met with Council Member Rudy Borjorquez
Arroyo High School Groundbreaking
South El Monte Council Mtg.

Multi-Chamber Mixer
Mt. View High School Filed Groundbreaking
February:

Business Building Brunch
Evening Networking Mixer, Hosted by Candy’s Florist
Membership Meeting
South El Monte State of City Planning Mtg
Multi-Chamber Breakfast-DoubleTree Hotel
Mtg W/Mayor Olmos and Rene Salas
Grant Writing Mtg.

SBDC Webinar and Mtg.

South El Monte Council Mtg.

March:

Business Building Brunch
State of the City Planning Mtg.

SGVPartnership Summit
Career Day (Elementary School)
SOTC Final Mtg.

State of the City
Membership Mtg.

Ribbon Cutting
Rustic Chic/Cindy Wu Mtg.

ESGV AJCC Community Partners Mtg.

Monthly Lunch & Learn
April:

Mtg. w/ Mayor Olmos
State of the City Debriefing
GroundBreaking
Business Building Brunch
Called to Federal Jury Duty
Classic Golf Tournament
Legislative Luncheon Senator Susan Rubio
Monthly Lunch & Learn
14

CHAMBER ACTIVITIES
March 2023 – August 2023
May:

Business Building Brunch
Planning Stages Nonprofit grant writing
South El Monte Prayer Breakfast
SGVEP Business Leadership
Principal of the Day
South El Monte Council Meeting
New Membership Meeting with Rustic Chic
Monthly Lunch & Learn
Lincoln Training Center Fundraiser/Dinner
June:

Business Building Brunch
Member Visit
Monthly Lunch & Learn
El Monte/South El Monte Chamber of Commerce
Award/Installation Luncheon
SEM Concert
Sheriff’s Workshop
SGVPartnership Legislative Mtg.

Ribbon Cutting
July:

Judge Cardboard Video Games
Ribbon Cutting
South El Monte Fourth of July
Business Building Brunch Tour In N Out
Zoom Call ChapCare
South El Monte Council Meeting
Multi-Chamber Hawaiian Mixer
Monthly Lunch & Learn
Member Mtg
August:

Member Visit
Monthly Lunch & Learn
Mtg w/Guillermo
Mtg w/Vacco and America Job Center
Mtg w/Mayor Olmos
Volunteer & Mtg - Senator Rubio Blood Drive
Ribbon Cutting
VACE Mtg
15

CHAMBER ACTIVITIES
September 2023 - December 2023
September:

Business Building Brunch
WINGS Mtg. Senator Rubio
VACE
Rio Hondo College Anniversary
Monthly Learn & Lunch
Chamber Mixer
Member Mtg.

Ribbon Cutting
Job Fair
SGV Coalition of Chambers
October:

Business Building Brunch
Ribbon Cutting
South El Monte Meeting – State of City
Spirtt Family Service Mtg.

Multi-Chamber Mixer
HR Resource Conference
SEM Harvest Festival/POA Trunk or Treat
Pomona Multi-Chamber Mixer
Member Visit - Rustic Chic
November:

Business Building Brunch
VACE
Monthly Learn & Lunch
SBDC mtg.

Mtg w/ American Job Center
South El Monte Planning Commission
ADA Compliance Webinar
Member Mtg.

Valle Lindo Anniversary
Mtg w/ Hacienda/La Puente Adult Ed
Sheriff’s Lunch Mtg.

South El Monte Tree Lighting
December:

Holiday House-Chamber Fundraiser
Merry Mingle
Arrange Toy pick – up & drop- off
South El Monte Council Mtg.

Multi Chamber Mixer Doubletree
IKEA Multi- Chamber Mixer
Monthly Lunch & Learn
10th Anniversary SBDC Breakfast
New Member Mtg.
16

QUESTIONS & ANSWERS
17

CHAMBER INFORMATION & CONTACT
Chris Knight, Interim Chief Executive Officer:

[email protected]
El Monte/South El Monte Chamber of Commerce:

WWW.EMSEMCC.BIZ
(626) 443-0180
18

City Council Agenda Report
Agenda Item No. 7.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: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF DECEMBER 12, 2023
SUMMARY: Staff is requesting approval of Minutes for the December 12, 2023, Regular City Council meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the December 12, 2023, Regular City Council meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Mtg Minutes 12-12-23

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, December 12, 2023 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 PM.

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

STAFF ABSENT: Paola Lara, Deputy City Clerk, John Poehler, Director of Public Works, Ariana De La Cruz, Director of Community Services, and Iyob Tessema, Interim Director of Human Resources & Risk Management.

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

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

3. INVOCATION – Pastor Patricia Garrett, Faith Dominion Church, offered the Invocation.

4. PRESENTATIONS
City Attorney Anthony R. Taylor announced 4.e. will be moved to the January 9, 2024, City Council Meeting and an additional presentation will be added as 4.f. a plaque to the office of Assemblymember Lisa Calderon.

4.a. Mayor and Council presented a Plaque to the City of South El Monte's Finance Department for Receiving the "2022 Certificate of Achievement for Excellence in Financial Reporting" Award from the Government Finance Officers Association (GFOA).

4.b. Mayor and Council presented certificates of recognition to the Winners of the LA County Library Foundation's "44th Annual Bookmark Contest."

4.c. Mayor and Council presented a certificate of recognition to Fuego Restaurant for Being Selected as one of the Highest-Rated, BestReviewed, and Beloved Businesses on Yelp.

4.d. Presentation by Jonathan Bazile, Program Coordinator, with Community Organized Relief Effort (CORE) and Annie Chou, Project Manager of Herald Christian Health Center on Public Health.

4.e. Moved to January 9, 2024, City Council Meeting: Presentation by Chris Knight, El Monte/South El Monte Chamber of Commerce on the Past Year Activities.

4.f. Add-On: Mayor and City Council presented a plaque to the Office of Assemblymember Lisa Calderon for their participation and donations of turkeys to the South El Monte Community Alliance Church Turkey Basket Giveaway.

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

ORDINANCES
Councilmember Delgado requested Councilmembers’ Agenda item 12.a. be heard after public comment. Council concurred.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Delgado to approve the agenda as amended. Motion passed 5-0, by the following vote:

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

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Ricardo Padilla, President of El Monte/South El Monte Emergency Resources (ERA), commented on what ERA is all about, noted reports that were provided to Council as part of 12.a. Spoke in support of his request of $15,000 to ERA to continue food security and would be asking support form City of El Monte as well.

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

12. HEARD AT THIS TIME - COUNCILMEMBERS’ AGENDA

12.a. COUNCILMEMBER HECTOR DELGADO

1. Letter Requesting $15,000 to go Toward the El Monte-South El Monte Emergency Resources Association (ERA) Specifically to Support Food Insecurity Programs for El Monte and South El Monte Families in need.

RECOMMENDATION: Discuss and/or action.

Discussion ensued by Council regarding the request and some concerns and asked to table the item so that a meeting can be scheduled to discuss the concerns and bring back to Council at a future date for consideration.

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

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

7.a. Approved the Minutes of the November 28, 2023, Regular City Council meeting.

7.b. Adopted Resolution No. 23-112, authorizing payment of City expenditures for the period of November 29, 2023, through December 12, 2023, totaling $1,074,225.08.

7.c. Adopted Resolution No. 23-115, approving Amendment No. 2 entering into a five-year agreement for joint use of community recreation facilities with the Valle Lindo School District for New Temple Park and Adopted Resolution No. 23-116, approving Amendment No. 3 entering into a five-year agreement for joint use of community recreation facilities with the Valle Lindo School District for use of Dean L. Shively Park and authorized the City Manager or designee to execute the agreements.

8. PUBLIC HEARINGS

8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-122,

AUTHORIZING THE REPROGRAMMING AND PROGRAMMING OF

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
FISCAL YEARS (FY) 2023-24 AND 2024-25
Mayor Olmos announced the item and opened the public hearing.

City Manager Rene Salas introduced Director of Finance Masami Higa who presented the staff report.

Mayor Olmos opened public comment, there being none, closed public comment.

Motion by Mayor Pro Tem Angel, seconded by Councilmember Acosta to Adopt Resolution No. 23-122, allowing the City to revise its CDBG Consolidated Action Plan, and reprogram the use of CDBG funds for FY2023-24, and program the use of CDBG funds for FY2024-25 and allow the City Manager to adjust the CDBG Program budgets as necessary throughout FY2023-24 and FY2024-25, for the timely expenditure of CDBG funds according to the CDBG drawdown guideline. Motion passed 5-0, by the following vote:

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

9. GENERAL BUSINESS

9.a. APPOINTMENT OF COMMISSIONERS TO THE ADVANCEMENT OF

WOMEN AND GIRLS COMMISSION
Mayor Olmos introduced the item.

Councilmember Delgado nominated to appoint Rosemary Tavera to the Advancement of Women and Girls Commission. Council voted unanimously 5-0.

Mayor Olmos announced Christina Fonseca as an appointment to the Commission. Council voted unanimously 5-0.

Mayor Olmos announced Yvette Sanchez as a reappointment to the Commission. Council voted unanimously 5-0.

Mayor Olmos announced Linda Miramontes as an appointment to the Commission. Council voted unanimously 5-0.

Mayor Olmos announced Alice Strong as an appointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Michelle Bugarin as an appointment to the Commission. Council voted 2-2-1 Delgado and Bojorquez AYES, Angel and Olmos NOES and Acosta ABSTAINED.

Mayor Olmos announced Gracie Retamoza as a reappointment to the Commission. Council voted 2-1-2 Delgado and Bojorquez AYES, Olmos NAY, Angel and Acosta ABSTAINED.

Mayor Olmos announced Emily Lares as an appointment to the Commission.

Council voted 1-1-3 Acosta AYE, Olmos NAY, Angel, Delgado, and Bojorquez ABSTAINED.

GENERAL BUSINESS (CONTINUED)
Item 9.a continued.

Mayor Olmos announced Bethany Contreras as an appointment to the Commission. Council voted NO 2-0-3. Acosta and Olmos AYES, Angel, Delgado, and Bojorquez ABSTAINED.

Motion by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve reappointments/appointments of the five individuals: Rosemary Tavera, Christina Fonseca, Yvette Sanchez, Linda Miramontes, and Alice Strong to the Advancement of Women and Girls Commission for a one-year term commencing January 1, 2024, through December 31, 2024. Motion passed 5-0, by the following vote:

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

9.b. APPOINTMENT OF COMMISSIONERS TO THE COMMUNITY

SERVICES COMMISSION
Mayor Olmos introduced the item.

Mayor Olmos announced Israel Alacio as an appointment to the Community Services Commission. Council voted unanimously 5-0.

Mayor Olmos announced David Mai as a reappointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Ingrid Aguilar as a reappointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Gerardo Diaz as a reappointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Hortencia Vasquez as a reappointment to the Commission. Council voted unanimously 5-0.

Mayor Olmos announced Reynaldo Soto as an appointment to the Commission.

Council voted 2-1-2 Delgado and Bojorquez AYES, Olmos NO, Angel and Acosta ABSTAINED.

GENERAL BUSINESS (CONTINUED)
Item 9.b continued.

Motion by Councilmember Delgado, seconded by Councilmember Bojorquez to approve reappointments/appointments of the five individuals: Israel Alacio, David Mai, Ingrid Aguilar, Gerardo Diaz, and Hortencia Vasquez to the Community Services Commission for a one-year term commencing January 1, 2024, through December 31, 2024. Motion passed 5-0, by the following vote:

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

9.c. APPOINTMENT OF COMMISSIONERS TO THE PATRIOTIC

COMMISSION
Mayor Olmos introduced the item.

Motion by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve reappointment of the five individuals: Blanca Figueroa, Valerie Bechtold, Naomi Lopez, Rudy Lopez, and Alejandro Miramonte De Anda to the Patriotic Commission for a one-year term commencing January 1, 2024, through December 31, 2024. Motion passed 5-0, by the following vote:

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

9.d. APPOINTMENT OF COMMISSIONERS TO THE PLANNING

COMMISSION
Mayor Olmos introduced the item.

Mayor Olmos announced Leonel Barrera Jr as a reappointment to the Planning Commission. Council voted unanimously 5-0.

Mayor Olmos announced Jeff Ortiz as a reappointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Kenneth Tang as a reappointment to the Commission.

Council voted unanimously 5-0.

Mayor Olmos announced Emily Lares as an appointment to the Commission.

Council voted unanimously 3-1-1. Angel, Acosta, and Olmos AYES, Delgado NAY and Bojorquez ABSTAINED.

Mayor Olmos announced Larry Rodriquez as a reappointment to the Commission. Council voted unanimously 5-0.

GENERAL BUSINESS (CONTINUED)
Item 9.d continued.

Motion by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve reappointment/appointment of five individuals: Leonel Barrera Jr, Jeff Ortiz, Kenneth Tang, Emily Lares, and Larry Rodriguez to the Planning Commission for a one-year term commencing January 1, 2024, through December 31, 2024. Motion passed 4-1, by the following vote:

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

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Mayor Pro Tem Angel announced he attended the following: City’s Tree Lighting Ceremony, San Gabriel Valley Mayor Mingle, Angel Tree event sponsored by Pastor Charlie Corum, AYSO Banquet, LA County’s Pancake Breakfast with Santa, City’s Employee Recognition Dinner, East Los Angeles Leadership, the City’s Senior Holiday Baking Contest participating as a judge, and the Farmers Insurance Toy Drive.

Councilmember Delgado announced he attended the City’s Tree Lighting Ceremony.

Councilmember Bojorquez announced he attended the following: East Los Angeles Leadership, City’s Senior Holiday Baking Contest participating as a judge, City’s Tree Lighting Ceremony, and the City’s Employee Recognition Dinner.

Councilmember Acosta announced he attended the following: City’s Tree Lighting Ceremony, San Gabriel Valley Mayor Mingle, Appreciation Dinner at the Cultiva Community Garden sponsored by LA County Supervisor Hilda Solis, LA County’s Pancake Breakfast with Santa, Toy Drive sponsored by Senator Susan Rubio, City’s Employee Recognition Dinner, Angel Tree event sponsored by Pastor Charlie Corum, and the AYSO Banquet.

Mayor Olmos announced she attended the following: City’s Tree Lighting Ceremony, Angel Tree event sponsored by Pastor Charlie Corum, San Gabriel Valley Mayor Mingle, AYSO Banquet, Appreciation Dinner at the Cultiva Community Garden sponsored by LA County Supervisor Hilda Solis, LA County’s Pancake Breakfast with Santa, City’s Employee Recognition Dinner, Toy Drive sponsored by Senator Susan Rubio, Farmers Insurance Toy Drive, San Gabriel Valley Council of Governments (COG), and the Annual Tamalada Fundraiser Dinner in El Monte.

11. CORRESPONDENCE – None.

12. COUNCILMEMBERS’ AGENDA

12.a. HEARD AFTER PUBLIC COMMENT - COUNCILMEMBER HECTOR

DELGADO

1. Letter Requesting $15,000 to go Toward the El Monte-South El Monte Emergency Resources Association (ERA) Specifically to Support Food Insecurity Programs for El Monte and South El Monte Families in need.

RECOMMENDATION: Discuss and/or action.

12.b. MAYOR GLORIA OLMOS

1. To qualify for facility fee waivers for the use of city facilities, an organized sports team must meet the following conditions:
• Team Non-profit status must have a South El Monte address registered with the state
• Team name must have the name South El Monte included
• 25% of the players must be South El Monte residents
RECOMMENDATION: Discuss and/or action.

Mayor Olmos discussed fee waivers and amendments to conditions to new organizations to include the name “South El Monte.”
Councilmember Angel made a motion to request the status quo for the current teams; Montebello Brewers Baseball (exception to the 25% of South El Monte players), El Monte/South El Monte Jets, South El Monte Little League, and South El Monte/El Monte/Baldwin Park AYSO and supports the amendments to new organizations.

Councilmember Delgado seconded the motion but for discussion. Acknowledged the Brewers and all they do and supports the exception for them, asked for clarification on the 25% of the players being South El Monte residents does this include adult (Senior) leagues.

Mayor Olmos stated this would include adult leagues.

Councilmember Bojorquez concerned with times for use of parks and wants the use a priority for the residents. Mayor Olms confirmed the residents do have priority.

City Attorney Anthony Taylor suggested adding to motion to work with staff to prepare a policy and bring back to council to approve.

Motion by Mayor Pro Tem Angel, seconded by Acosta for current conditions to remain the same for all current teams (Youth/Adult/Senior) but to add these amendments/conditions to any new teams (Youth/Adult/Senior) and for City Attorney to work with staff to prepare a policy and bring back to Council to review and approve. Motion passed 5-0, by the following vote:

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

2. Waive any and all fees for the use of the City Gym by South El Monte High School Basketball.

RECOMMENDATION: Discuss and/or action.

Mayor Olmos discussed waiving fees when the South El Monte High School Basketball Team needs the use of the gym since their gym is going through some renovations.

Motion by Mayor Pro Tem Angel, seconded by Councilmember Delgado to approve waiving any and all fees for the use of the City’s Gym by the South El Monte High School Basketball Team when needed while the school gym is going through some renovations.

13. CLOSED SESSION – None.

14. ADJOURNMENT
There being no further business coming before this body, at 7:56 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, January 9, 2024, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

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

DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-113, APPROVING WARRANTS FOR THE PERIOD OF
DECEMBER 13, 2023, THROUGH JANUARY 9, 2024
SUMMARY: Authorizing payment of City expenditures for the period of December 13, 2023, through January 9, 2024 totaling $1,661,972.96
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 113, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 23-113
B. 010924 Expense Approval Report

ATTACHMENT A

RESOLUTION NO. 23-113

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF DECEMBER 13, 2023, THROUGH JANUARY 9,
2024, TOTALING $1,661,972.96.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 23/24 Electronic Warrants 12/13/23-01/09/24 DFT0001265-1379 $429,947.28 FY 23/24 Regular Warrants 12/13/23-01/09/24 13429-13537 $895,500.19 Payroll Check PPE 12/09/23 1671-1682 $8,391.29
Payroll Direct Deposit PPE 12/09/23 5452-5576 $176,225.25 Payroll Check PPE 12/23/23 1683-1695 $6,538.47
Payroll Direct Deposit PPE 12/23/23 5577-5683 $145,370.48 TOTAL EXPENDITURES RESOLUTION NO. 23-XX $ 1,661,972.96
PASSED, APPROVED, AND ADOPTED this 9th day of January 2024. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-113, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 9th day of January 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

Vendor Name

ALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPBALTAZAR ESTRADABROTHERS AWARDS & TROPHIESBROTHERS AWARDS & TROPHIESBROTHERS AWARDS & TROPHIESGEORGE LOPEZMARIA PAYANPOLYMEDIA PRODUCTION SERVICESNATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSPYRO SPECTACULARSSTATE OF CA FRANCHISE TAX BOARDADVANCED MICROCOMPUTING CONCEPTS,INCADVANCED MICROCOMPUTING CONCEPTS,INCADVANCED MICROCOMPUTING CONCEPTS,INCADVANCED MICROCOMPUTING CONCEPTS,INCADVANCED MICROCOMPUTING CONCEPTS,INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INC

ATTACHMENT B
Amount

01.0150.1540.5431 13440 12/20/2023 AFTER SCHOOL PROGRAM SUPPLIES 278.8401.0150.1540.5431 13440 12/20/2023 AFTER SCHOOL PROGRAM SUPPLIES 17.6301.0150.1540.5431 13440 12/20/2023 AFTER SCHOOL PROGRAM SUPPLIES 40.1601.0140.1430.5406 13440 12/20/2023 OFFICE SUPP/ COMM DEV DEPT 59.8301.0140.1430.5406 13440 12/20/2023 NEW OFFICE CHAIRS/ COMM DEV DEPT 285.53

01.0150.1540.5431 13440 12/20/2023 AFTER SCHOOL PROGRAM SUPPLIES 42.4201.0150.1530.5952 13440 12/20/2023 CHRISTMAS-NEW YEAR/ DECORATIONS & GIVEAWAYS 537.89

01.0151.1546.5406 13440 12/20/2023 PLOTTER INK/ CHRISTMAS WISH DECOR 759.8601.0140.1430.5406 13440 12/20/2023 SUPPLIES/ PLANNING DEPT 16.5301.0140.1440.5406 13440 12/20/2023 SUPPLIES/ BUILDING DEPT. 46.8301.0140.7020.5406 13440 12/20/2023 SUPPLIES/ CODE ENFORCEMENT 56.4901.0140.1430.5406 13440 12/20/2023 COM DEV DEPT/ SUPPLIES 19.2301.0170.1020.5406 13440 12/20/2023 OFFICE SUPPLIES 170.2901.0150.1540.5431 13440 12/20/2023 PLOTTER PAPER/ PROGRAMS 104.7301.0130.1330.5215 13439 12/20/2023 MONITOR/ PW 270.7201.0130.1330.5215 13439 12/20/2023 NOV'23 PROJECT LABOR SVCS 700.0001.0100.1050.5406 13440 12/20/2023 OFFICE SUPPLIES/ HR 180.0601.0130.1330.5215 13439 12/20/2023 NEW MONITORS/ COMM DEVELOPMENT 765.48

01.0130.1330.5215 13439 12/20/2023 INTERRUPTABLE POWER SUPPLY 136.7601.0130.1330.5215 13439 12/20/2023 FRONT OFFICE COMPUTER/ CCTR 1,525.21

01.0000.0000.2235 13436 12/19/2023 PPE 12/9/23 3,750.0001.0151.1544.5210 13437 12/19/2023 6/29/24 FIREWORK PRODUCTION FEE 14,250.0001.0000.0000.2270 13438 12/19/2023 A.R GARNISHMENT PPE 12/09/23 8.1501.0151.1546.5440 13433 12/12/2023 CHISTMAS WISH TOY DRIVE/ FOOD 2,500.0001.0151.1546.5210 13434 12/12/2023 12/16/23 SANTA RENTAL/ REMAINING BALANCE 550.0001.0000.0000.2230 13435 12/19/2023 PPE 12/9/23 6,180.0001.0100.1040.5922 13431 12/12/2023 PLAQUE/ SENIOR THANKS 44.0001.0100.1040.5922 13431 12/12/2023 PLAQUES/ TURKEY DONATION AWARDS 165.00

01.0100.1050.5938 13432 12/12/2023 FALL 2023-2 EDUCATION REIMBURSEMENT 1,247.3901.0100.1030.5215 13429 12/12/2023 NOV'23 ADDITIONAL SVCS 545.6001.0150.1530.5952 13430 12/12/2023 NEW YEARS LUNCHEON/ DJ 400.0001.0100.1040.5922 13431 12/12/2023 VALLE LINDO ANNIERSARY PLAQUE 132.0001.0100.1030.5215 13429 12/12/2023 NOV'23 HOUSING 173.6001.0100.1030.5215 13429 12/12/2023 NOV'23 REIMBURSABLE 261.6001.0100.1030.5215 13429 12/12/2023 NOV'23 ADDITIONAL SVCS 148.8001.0100.1030.5215 13429 12/12/2023 NOV'23 PW WORKS ENGINEERING 3,076.40

01.0100.1030.5215 13429 12/12/2023 NOV'23 FINANCE 203.0001.0100.1030.5215 13429 12/12/2023 NOV'23 CODE ENFORCEMENT 1,730.1001.0100.1030.5215 13429 12/12/2023 NOV'23 SPECIAL PJTS 203.0001.0100.1030.5215 13429 12/12/2023 NOV'23 PERSONNEL 2,351.2001.0100.1030.5215 13429 12/12/2023 NOV'23 PLANNING 692.46 Warrant Register
South El Monte, CA Council Meeting 01/09/24
Account Number Payment Number Payment Date Description (Item)

01.0100.1030.5215 13429 12/12/2023 NOV'23 GENERAL 4,053.00

AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCANDREW JIMENEZANDY PEREZANGEL HERNANDEZANTHONY RAMIREZBLACK KNIGHT DATA & ANALYTICS, LLCBLACK KNIGHT DATA & ANALYTICS, LLCBLACK KNIGHT DATA & ANALYTICS, LLCBLACK KNIGHT DATA & ANALYTICS, LLCBUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.CARLOS MAGANACARLOS MAGANACART MART INCCIVICPLUS, LLCCONCENTRACONCENTRACOSTAR REALTY INFORMATION, INCCOURTNEY NORTONCR ASSOCIATES, INC.CRYSTINA ANDERSONDANIEL BELTRANDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDUANE TAKAYAMADUDEKECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECS IMAGING INCEL MONTE PRINTINGEL MONTE PRINTINGEL MONTE PRINTINGERIC FIGUEROAERICK PEREZGENEVIEVE GASCAGOVERNMENT STAFFING SERVICES, INC.GOVERNMENT STAFFING SERVICES, INC.GOVERNMENT STAFFING SERVICES, INC.GOVERNMENT STAFFING SERVICES, INC.

01.0160.1640.5425 13466 12/20/2023 10/4/23 CHEMICAL DELIVERY 496.84 HASA INC.

01.0100.1050.5215 13465 12/20/2023 11/20-11/30/23 MUNI TEMP SVCS/ HR DIRECTOR 10,250.00

01.0100.1050.5215 13465 12/20/2023 12/4-12/14/23 MUNI TEMP SVCS/ HR ANALYST 6,000.0001.0100.1050.5215 13465 12/20/2023 12/4-12/14 MUNI TEMP SVCS/ HR DIRECTOR 10,250.0001.0000.0000.4554 13463 12/20/2023 11/28 & 11/30/23 NTP FIELD/ DAMAGE DEP RFND 500.0001.0000.0000.4554 13464 12/20/2023 12/2/23 COMM RM DAMAGE DEP RFND 50.00

01.0100.1050.5215 13465 12/20/2023 11/20-11/29/23 MUNI TEMP SVCS/ HR ANAYLST 4,875.00

01.0140.7020.5406 13461 12/20/2023 BUSINESS CARDS/ CODE ENFORCEMENT 49.6101.0140.1440.5406 13461 12/20/2023 BUILDING INSPECTOR SUPPLIES 435.4901.0000.0000.4512 13462 12/20/2023 BBALL FORFEIT REIMB 70.0001.0130.1330.5931 13460 12/20/2023 DEC'23-DEC'24 LASERFICHE PF CLOUD 20,670.8101.0140.1430.5406 13461 12/20/2023 BUSINESS CARDS/ COMM DEV 99.2301.0170.1710.5520 13459 12/20/2023 NOV'23 PEST CONTROL/ CHALL 208.0001.0160.1620.5520 13459 12/20/2023 NOV'23 PEST CONTROL/ SCTR 321.5901.0140.1430.5215 13458 12/20/2023 OCT'23 HOUSING ELEMENT CONSULTING SVCS. 776.25

01.0170.1720.5520 13459 12/20/2023 NOV'23 PEST CONTROL/ YARD 152.7901.0160.1610.5520 13459 12/20/2023 NOV'23 PEST CONTROL/ CCTR 74.0206.0300.3010.5430 13456 12/20/2023 WEEKLY MILK/ CI & CII NUTR PRGM 182.20

06.0300.3020.5430 13456 12/20/2023 WEEKLY MILK/ CI & CII NUTR PRGM 20.24

01.0151.1541.5215 13457 12/20/2023 12/7/23 BBALL OFFICIAL SVCS 90.0001.0000.0000.4554 13455 12/20/2023 12/9/23 MVD COMM RM/ DEPOSIT RFND 50.0006.0300.3010.5430 13456 12/20/2023 WEEKLY MILK/ CI & CII NUTR PRGM 180.58

06.0300.3020.5430 13456 12/20/2023 WEEKLY MILK/ CI & CII NUTR PRGM 20.06

01.0000.0000.4554 13452 12/20/2023 11/28/23 CCTR AMPHITHEATER DAMAGE DEP RFND 500.0068.0900.9080.5215 13453 12/20/2023 JUNE'23 PJT MGMT 1,135.0001.0000.0000.4554 13454 12/20/2023 12/3/23 MVD GAZEBO DAMAGE DEP RFND 50.0001.0100.1050.5936 13450 12/20/2023 NOV'23 NEW HIRE PHYSICALS 1,175.0001.0100.1050.5936 13450 12/20/2023 11/16/23 NEW HIRE PHYSICAL 235.0001.0140.1430.5914 13451 12/20/2023 DEC'23-FEB'24 - QUARTERLY LICENSING 1,356.60

01.0151.1541.5215 13447 12/20/2023 12/06/23 BBALL OFFICIAL SVCS 90.0001.0170.1770.5525 13448 12/20/2023 ELEC CART MNTC 1,790.1901.0100.1040.5215 13449 12/20/2023 DEC'23-DEC'24 WEBSITE MGMT HOSTING 7,519.08

01.0140.1440.5215 13446 12/20/2023 NOV'23 BLDG INSPECTION SVCS 9,092.53

01.0140.1440.5215 13446 12/20/2023 NOV'23 BLDG DEPT/ PERMIT TECH SVCS 4,181.25

01.0151.1541.5215 13447 12/20/2023 12/5/23 BBALL OFFICAL SVCS 90.0001.0140.1440.5215 13446 12/20/2023 OCT'23 BLDG DEPT/ PERMIT TECH SVCS 3,487.50

01.0140.1440.5215 13446 12/20/2023 NOV'23 BLDG OFFICIAL SVCS 2,402.5001.0140.1440.5215 13446 12/20/2023 NOV'23 BUSINESS LICENSE INSPECTIONS 990.00

01.0140.1440.5215 13446 12/20/2023 OCT'23 BLGD OFFICIAL SVCS 3,952.5001.0140.1440.5215 13446 12/20/2023 OCT'23 BUSINESS LIC INSPECTIONS 1,430.00

01.0140.1440.5215 13446 12/20/2023 OCT'23 BLDG INSPECTION SVCS 8,446.14

01.0140.1430.5215 13445 12/20/2023 9/8-10/7/23 DATABASE MNTHLY SUBSCRIPTION 150.00

01.0140.1430.5215 13445 12/20/2023 10/8-11/7/23 MONTHLY SUBSCRIPTION 150.00

01.0140.1430.5215 13445 12/20/2023 11/8-12/7/23 MONTHLY SUBSCRIPTION 150.00

01.0000.0000.4512 13443 12/20/2023 BBALL FORFEIT REIMB 420.0001.0000.0000.4512 13444 12/20/2023 BBALL FORFEIT REIMB 70.0001.0140.1430.5215 13445 12/20/2023 7/8-8/7/23 MONTHLY SUBSCRIPTION 150.00

01.0150.1530.5952 13440 12/20/2023 CHRISTMAS DECORATIONS/ LUNCHEON 157.40

01.0000.0000.4512 13441 12/20/2023 BBALL FORFEIT REIMB 70.0001.0000.0000.4554 13442 12/20/2023 8/19/23 CCTR DAMAGE DEPOSIT RFND 600.00

01.0140.1430.5406 13440 12/20/2023 SUPPLIES/ COMM DEVELOPMENT 49.0001.0170.1020.5406 13440 12/20/2023 PRINTER CABLE/ YARD 10.47

HASA INC.

HUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYJASON ORTIZJAZZ JIMENEZJEFFREY MICHAEL ORTIZJOHN L. HUNTER AND ASSOCIATES, INC.KENNETH EUEKHEANG TANGKIMLEY-HORN AND ASSOCIATES, INC.KIMLEY-HORN AND ASSOCIATES, INC.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.LARRY RODRIGUEZLBC LIGHTINGLEONEL A. BARRERA JROFFICE DEPOTOFFICE DEPOTOLEGARIO PEREZPACIFIC PRODUCTS AND SERVICES LLCPACIFIC PRODUCTS AND SERVICES LLCPACIFIC PRODUCTS AND SERVICES LLCPREMIER JANITORIAL SERVICESPREMIER JANITORIAL SERVICESPREMIER JANITORIAL SERVICESQUADIENT LEASING USA, INC.QUADIENT LEASING USA, INC.QUENCH USA, INC.QUENCH USA, INC.QUENCH USA, INC.QUENCH USA, INC.REGIONAL TAP SERVICE CENTERREUBEN PACHECOREUBEN PACHECOROMAN GALLARDO JR.SALVADOR BOBADILLASAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESGV CITY MANAGERS' ASSOCIATIONSOCAL SHRED LLCSOUTHEAST CONSTRUCTION PRODUCTS,INCST. FRANCIS ELECTRIC, LLCST. FRANCIS ELECTRIC, LLCST. FRANCIS ELECTRIC, LLCSTATE WATER RESOURCES CONTROL BOARDSUPERIOR WAREHOUSE GROCERS

06.0300.3020.5430 13494 12/20/2023 TORTILLAS & FIBERBREAD/ CII NUT SUPERIOR WAREHOUSE GROCERS R PRGM 5.18

02.0170.1760.5535 13492 12/20/2023 NOV'23 GARVEY & CHICO REPAIR 10,119.37

70.0900.9020.5215 13493 12/20/2023 7/1/23-6/30/24 NPDES SW PERMIT 10,602.00

06.0300.3010.5430 13494 12/20/2023 TORTILLAS & FIBERBREAD/ CI NUTR PRGM 46.6601.0160.1620.5520 13491 12/20/2023 CURB MARKING PAINT/ SCTR 92.2102.0170.1760.5535 13492 12/20/2023 NOV'23 TRAFFIC MAINT 771.0002.0170.1760.5535 13492 12/20/2023 NOV'23 RESPONSE BILLING 1,898.5001.0120.1210.5919 13488 12/20/2023 11/23/23 PUBLISH NOTICE/ ORDINANCE 1270 220.5601.0100.1020.5912 13489 12/20/2023 12/13/23 HOLIDAY LUNCHEON 135.0001.0120.1210.5933 13490 12/20/2023 NOV'23 SHREDDING SVCS 171.0001.0120.1210.5919 13488 12/20/2023 11/2/23 PUBLISH NOTICE/ ORDINANCE 1269 170.62

01.0120.1210.5919 13488 12/20/2023 11/2/23 PUBLISH NOTICE/ PH CC-CUP 23-03 291.9101.0120.1210.5919 13488 12/20/2023 11/20 & 11/27/23 PUBLISH CITY NOTICES 1,033.8801.0000.0000.4512 13487 12/20/2023 BBALL FORFEIT REIMB 70.0001.0120.1210.5919 13488 12/20/2023 10/5/23 PUBLISH NOTICE/ ORDINANCE 1268 184.89

01.0120.1210.5919 13488 12/20/2023 10/19/23 PUBLISH NOTICE/ ORDINANCE 1269 184.8901.0151.1541.5215 13485 12/20/2023 12/5/23 BBALL OFFICIAL SVCS 90.0001.0151.1541.5215 13485 12/20/2023 12/07/23 BBALL OFFICIAL SVCS 90.0001.0151.1541.5215 13486 12/20/2023 12/2/23 BBALL OFFICIAL SVCS 210.0044.0800.8010.5982 13484 12/20/2023 NOV'23 BUS PASSES 80.6401.0160.1620.5520 13483 12/20/2023 NOV'23 WATER FILTER/ SCTR 75.1101.0100.1020.5405 13483 12/20/2023 DEC'23 WATER FILTER/ CHALL 56.2301.0160.1620.5520 13483 12/20/2023 DEC'23 WATER FILTER/ SCTR 64.9501.0130.1330.5950 13482 12/20/2023 DEC'23-MAR'23 QUARTERLY LEASE 438.6201.0130.1330.5950 13482 12/20/2023 JAN-APR'24 QUARTERLY LEASE 739.2001.0100.1020.5405 13483 12/20/2023 OCT-NOV'23 WATER FILTER & INSTALL 242.0201.0151.1543.5952 13481 12/20/2023 RSTRM & WASH STATION RENTAL/ NIGHT MARKET 427.77

01.0151.1543.5952 13481 12/20/2023 10/31/23 RESTROOM RENTAL/ HARVEST FESTIVAL 427.7701.0151.1543.5952 13481 12/20/2023 CHAIR RENTAL/ TREE LIGHTING CEREMONY 441.00

02.0170.1760.5540 13480 12/20/2023 STREET SIGN POLES 1,212.7502.0170.1760.5540 13480 12/20/2023 STREET SIGN POLES 1,433.2502.0170.1760.5540 13480 12/20/2023 SOLOR STOP SIGN SYSTEM 1,984.5001.0120.1210.5406 13478 12/20/2023 OFFICE SUPPLIES CREDIT (14.73)01.0120.1210.5406 13478 12/20/2023 OFFICE SUPPLIES 24.7201.0170.1020.5956 13479 12/20/2023 CY 2023 BOOT ALLOWANCE 200.0001.0140.1410.5204 13475 12/20/2023 NOV'23 PC MEETING 150.0001.0160.1620.5520 13476 12/20/2023 EXIT SIGNS & EMGR LIGHTS 97.9101.0140.1410.5204 13477 12/20/2023 NOV'23 PC MEETING 150.0040.0900.9000.5968 13473 12/20/2023 OCT'23 HSIP CYCLE 10 PJT MGMT #296 2,912.54

01.0110.1110.5633 13474 12/20/2023 10/5/23 SPECIAL EVENT NIGHT MARKET SVCS 5,696.23

01.0110.1110.5635 13474 12/20/2023 OCT'23 TRAFFIC ENFORCEMENT 1,806.5225.0550.5510.5215 13471 12/20/2023 SEPT'23 USED OIL RECYCLING SVCS 377.50

01.0140.1410.5204 13472 12/20/2023 NOV'23 PC MEETING 150.0040.0900.9000.5968 13473 12/20/2023 AUG'23 HSIP CYCLE 10 PJT MGMT #296 6,107.65

01.0000.0000.4512 13468 12/20/2023 BBALL FORFEIT REIMB 70.0001.0000.0000.4554 13469 12/20/2023 12/5/23 SCTR DAMAGE DEPOSIT RFND 50.0001.0140.1410.5204 13470 12/20/2023 NOV'23 PC MEETING 150.0006.0300.3020.5215 13467 12/20/2023 WEEKLY MEALS/ CI & CII NUTR PRGM 290.40

06.0300.3010.5215 13467 12/20/2023 WEEKLY MEALS/ CI & CII NUTR PRGM 4,214.7506.0300.3020.5215 13467 12/20/2023 WEEKLY MEALS/ CI & CII NUTR PRGM 393.25

01.0160.1640.5425 13466 12/20/2023 12/11/23 CHEMICAL DELIVERY 645.2306.0300.3010.5215 13467 12/20/2023 WEEKLY MEALS/ CI & CII NUTR PRGM 3,133.75

SUPERIOR WAREHOUSE GROCERS
SUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSTAG/AMS, INC.THE SAUCE CREATIVE SERVICES CORP.TOWNSEND PUBLIC AFFAIRSTRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRUSAICVERONICA LOERAVIEN HOVULCAN MATERIALS COMPANYWATER CHEMISTS,DIV. OF CCI CHEMICALWHITTIER FERTILIZERJOSEPH SAUCEDOBRIANNA BADARSTANDARD INSURANCESTANDARD INSURANCENATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSSTATE OF CA FRANCHISE TAX BOARDCALIFORNIA TEAMSTERS LOCAL 911CALIFORNIA TEAMSTERS LOCAL 911VONS CREDIT UNIONAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCASHLEY CASTORENABMI

01.0170.1020.5505 13517 01/03/2024 OCT'23 SOLAR MTNC CHARGE 65.45 BORREGO ENERGY, LLC

01.0100.1050.5406 13514 01/03/2024 OFFICE SUPPLIES 58.5501.0000.0000.4554 13515 01/03/2024 12/16/23 MVD COMM RM/ DEPOSIT RFND 50.0001.0151.1543.5952 13516 01/03/2024 10/1/23-9/30/24 MUSIC LICENSE RENEWAL 427.3201.0150.1530.5406 13514 01/03/2024 2024 CALENDARS 42.5301.0170.1020.5406 13514 01/03/2024 SUPPLIES/ PW ANALYST 8.6201.0151.1546.5406 13514 01/03/2024 CHRISTMAS WISH SUPPLIES 197.8701.0000.0000.2245 13512 01/03/2024 DEC'23 ADMIN 1,428.0001.0000.0000.2245 13512 01/03/2024 DEC'23 MISC 550.0001.0000.0000.2240 13513 01/03/2024 DEC'23 97.5001.0000.0000.2230 13509 12/27/2023 PPE 12/23/23 5,995.0001.0000.0000.2235 13510 12/27/2023 PPE 12/23/23 3,750.0001.0000.0000.2270 13511 12/27/2023 A.R GARNISHMENT PPE 12/23/23 8.1501.0000.0000.2225 13506 12/21/2023 OVERPAYMENT INSURANCE REFUND 89.0501.0000.0000.2224 13507 12/21/2023 JAN'24 LIFE AD&D & SUPPLEMENTAL 400.91

01.0000.0000.2225 13508 12/21/2023 JAN'24 LIFE AD&D 5,748.2801.0170.1710.5520 13503 12/20/2023 DEC'23 H2O TREATMENT 200.0001.0160.1650.5520 13504 12/20/2023 NTP FIELD REPAIRS 297.6801.0170.1020.5956 13505 12/20/2023 CY 2023 BOOT ALLOWANCE 200.0001.0000.0000.4554 13500 12/20/2023 12/2/23 SCTR DAMAGE DEP RFND 500.0001.0151.1541.5215 13501 12/20/2023 12/6/23 BBALL OFFICIAL SVCS 90.0002.0170.1760.5540 13502 12/20/2023 ASPHALT/ ALPACA 461.8902.0170.1760.5260 13498 12/20/2023 SEPT'23 TRAFFIC ENG SVCS/ 10665 RUSH ST 336.25

01.0140.1440.5215 13498 12/20/2023 SEPT'23 PLAN CHECK SVCS 10,789.2801.0130.1310.5215 13499 12/20/2023 DEC'23 ACA MONTHLY 1,040.4002.0170.1760.5260 13498 12/20/2023 SEPT'23 ENGINEER SVCS 625.0002.0170.1760.5260 13498 12/20/2023 SEPT'23 TRAFFIC ENG SVCS 187.5001.0170.1105.5215 13498 12/20/2023 SEPT'23 PJT MGMT 4,050.0007.0190.1930.5968 13498 12/20/2023 SEPT'23 PJT MGMT #628 31,726.0002.0170.1760.5260 13498 12/20/2023 SEPT'23 ENGINEER SVCS 500.0001.0170.1105.5215 13498 12/20/2023 SEPT'23 PJT MGMT 484.0002.0170.1760.5260 13498 12/20/2023 SEPT'23 ENGINEER SVCS 656.2501.0170.1105.5215 13498 12/20/2023 SEPT'23 PJT MGMT SVCS #296 162.5002.0170.1760.5260 13498 12/20/2023 SEPT'23 ENGINEER SVCS 562.5002.0170.1760.5260 13498 12/20/2023 SEPT'23 TRAFFIC ENG SVCS 777.5002.0170.1760.5260 13498 12/20/2023 SEPT'23 TRAFFIC ENG SVCS 125.0068.0900.9080.5969 13498 12/20/2023 SEPT'23 PJT MGMT #140 1,210.0002.0170.1760.5260 13498 12/20/2023 SEPT'23 TRAFFIC ENG SVCS 250.0001.0100.1020.5215 13497 12/20/2023 DEC'23 CONSULTING SVCS 6,750.0001.0170.1105.5215 13498 12/20/2023 SEPT'23 ENGINEER SVCS 13,770.0001.0170.1105.5215 13498 12/20/2023 SEPT'23 PJT MGMT#295 4,615.0006.0300.3020.5430 13494 12/20/2023 BREAD & TORTILLAS/ CI & CII NUTR PRGM 7.9701.0100.1050.5936 13495 12/20/2023 SEPT'23 RANDOM DRUG TEST 90.0001.0100.1040.5921 13496 12/20/2023 DEC'23 NEWSLETTER 6,299.41

06.0300.3010.5430 13494 12/20/2023 FIBER BREAD & TORTILLAS/ CI & CII NUTR PRGM 134.12

06.0300.3020.5430 13494 12/20/2023 FIBER BREAD & TORTILLAS/ CI & CII NUTR PRGM 14.90

06.0300.3010.5430 13494 12/20/2023 BREAD & TORTILLAS/ CI & CII NUTR PRGM 71.7506.0300.3020.5430 13494 12/20/2023 FROZEN DINNER/ CII NUTR PRGM 65.8806.0300.3010.5430 13494 12/20/2023 MEAL PURCHASE/ CI & CII NUTR PRGM 110.43

06.0300.3020.5430 13494 12/20/2023 MEAL PURCHASE/ CI & CII NUTR PRGM 12.27

06.0300.3010.5430 13494 12/20/2023 ROLLS & TORTILLAS/ CI & CII NUTR PRGM 57.46

06.0300.3020.5430 13494 12/20/2023 ROLLS & TORTILLAS/ CI & CII NUTR PRGM 6.38

CALIFORNIA COMMUNICATION
CALIFORNIA COMMUNICATIONCALIFORNIA COMMUNICATIONCALIFORNIA COMMUNICATIONCALIFORNIA COMMUNICATIONCALIFORNIA MUNICIPAL STATISTICS, INCDEPT. OF JUSTICE-ACCOUNTING OFFICEDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCGOVERNMENT STAFFING SERVICES, INC.GWMAGWMAHINDERLITER, DE LLAMAS & ASSOCHUNTINGTON CULINARYHUNTINGTON CULINARYL.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.LOC, INCLOS ANGELES COUNTY RECORDERMARIZA GOMEZPACIFIC COAST SIGHTSEEING TOURS & CHARTERS INCPACIFIC COAST SIGHTSEEING TOURS & CHARTERS INCQUALITY CODE PUBLISHINGSECTRAN SECURITY INC.SUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSTRANSTECH ENGINEERING, INC.TRUSAICWINNER INTERNATIONAL INC.XEROX CORPORATIONELAN FINANCIAL SERVICESELAN FINANCIAL SERVICESELAN FINANCIAL SERVICESAFLAC WORLDWIDE HEADQUARTERSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.

01.0000.0000.2210 DFT0001271 12/04/2023 PPE 11/25/23 STATE WTHD'G 5 EMPLOYMENT DEVELOPMENT DEPT. ,428.93

01.0000.0000.2215 DFT0001269 12/04/2023 PPE 11/25/23 FICA 19,587.7001.0000.0000.2215 DFT0001269 12/04/2023 PPE 11/25/23 MEDICARE 4,804.08

01.0000.0000.2210 DFT0001270 12/07/2023 PPE 11/25/23 STATE WTHD'G 14.6301.0000.0000.2215 DFT0001268 12/06/2023 PPE 11/25/23 MEDICARE 39.4001.0000.0000.2215 DFT0001268 12/06/2023 PPE 11/25/23 FICA 168.4601.0000.0000.2205 DFT0001269 12/04/2023 PPE 11/25/23 FEDERAL 15,899.65

01.0000.0000.2020 DFT0001267 12/07/2023 PPE 11/25/23 RATE PLAN 685 9,426.39

01.0000.0000.2020 DFT0001267 12/07/2023 PPE 11/25/23 RATE PLAN 23047 1,990.62

01.0000.0000.2205 DFT0001268 12/06/2023 PPE 11/25/23 FEDERAL 18.7901.0130.1330.5715 DFT0001265 12/08/2023 RE-OCCURING PHONE CHARGES 55.0001.0000.0000.2225 DFT0001266 12/06/2023 NOV'23 INSURANCE 1,322.8401.0000.0000.2020 DFT0001267 12/07/2023 PPE 11/25/23 RATE PLAN 27216 14,965.71

01.0130.1330.5950 13537 01/03/2024 11/30-12/29/23 COPIER LEASE 1,547.99

01.0130.1330.5715 DFT0001265 12/08/2023 RE-OCCURING PHONE CHARGES 6.9901.0130.1330.5715 DFT0001265 12/08/2023 CITY COUNCIL HOT SPOTS 220.0001.0170.1105.5215 13534 01/03/2024 SEPT'23 PJT MGMT 4,763.0001.0130.1310.5215 13535 01/03/2024 JAN'24 ACA MONTHLY 1,061.2101.0150.1530.5952 13536 01/03/2024 BALLOONS/ NEW YEARS LUNCHEON 15.1606.0300.3020.5430 13533 01/03/2024 TORTILLAS & DRESSING/ CI & CII NUTR PRGM 6.98

06.0300.3010.5430 13533 01/03/2024 BREAD/ CI & CII NUTR PRGM 101.9306.0300.3020.5430 13533 01/03/2024 BREAD/ CI & CII NUTR PRGM 11.3201.0120.1210.5920 13531 01/03/2024 MUNICIPAL CODE SUPPLEMENTS 1,091.00

01.0130.1310.5280 13532 01/03/2024 DEC'23 ARMORED SVCS 188.1906.0300.3010.5430 13533 01/03/2024 TORTILLAS & DRESSING/ CI & CII NUTR PRGM 62.8801.0000.0000.4250 13529 01/03/2024 BLD'G PERMIT RFND/ RES-ACC-22-019 339.7044.0800.8020.5215 13530 01/03/2024 12/15/23 SENIOR SVCS/ TRANSPORTATION SVCS 1,396.94

44.0800.8020.5215 13530 01/03/2024 12/20/23 COMM SVCS- TRANSPORTATION SVCS 1,250.00

01.0110.1110.5610 13526 01/03/2024 NOV'23 LIABILITY INSURANCE 55,178.42

68.0900.9000.6025 13527 01/03/2024 NTP/ PARK IMPROVEMENTS #252 3,125.00

15.0450.4510.6025 13528 01/03/2024 DOCUMENT HANDLING FEE/ NTP 75.0001.0110.1110.5220 13526 01/03/2024 NOV'23 B/W PATROL FORD EXPLR 17,640.16

01.0110.1110.5220 13526 01/03/2024 NOV'23 LAW ENFORCEMENT SVCS 332,863.7601.0110.1110.5220 13526 01/03/2024 NOV'23 SPL ASSIGN DEPUTY 108,072.64

06.0300.3020.5215 13525 01/03/2024 12/11-12/15/23 CI & CII NUTR PRGM 393.25

01.0110.1110.5220 13526 01/03/2024 NOV'23 GRANT SPL ASSIGN DEPUTY 18,883.78

01.0130.1310.5904 13524 01/03/2024 OCT-DEC'23 TRANSACTION TAX 600.00

06.0300.3010.5215 13525 01/03/2024 12/11-12/15/23 CI & CII NUTR PRGM 4,226.2501.0100.1050.5215 13522 01/03/2024 12/18-12/25/23 MUNI TEMP SVCS/ HR ANALYST 3,450.00

01.0170.1475.5215 13523 01/03/2024 INSTALL/ MONITORING EQUIPMENT 22-23 1,180.7101.0170.1475.5215 13523 01/03/2024 INSTALL/ MONITORING EQUIPMENT 1,357.8106.0300.3020.5430 13521 01/03/2024 MILK/ CI & CII NUTR PRGM 20.2406.0300.3010.5430 13521 01/03/2024 MILK/ CI & CII NUTR PRGM 214.0906.0300.3020.5430 13521 01/03/2024 MILK/ CI & CII NUTR PRGM 23.7801.0130.1310.5903 13519 01/03/2024 PROPERTY TAX SVCS 400.0001.0100.1050.5934 13520 01/03/2024 NOV'23 FINGERPRINTS 288.0006.0300.3010.5430 13521 01/03/2024 MILK/ CI & CII NUTR PRGM 182.2001.0130.1330.5215 13518 01/03/2024 9/8-12/8/23 SURVEILLANCE/ MCTR 759.27

01.0130.1330.5215 13518 01/03/2024 9/17-12/17/23 SURVEILLANCE NTP/MVD/ SKATE PARK 1,308.48

01.0130.1330.5215 13518 01/03/2024 BRIDGE EQUIPMENT BUY OUT 10,000.00

01.0130.1330.5215 13518 01/03/2024 9/8-12/8/23 SURVEILLANCE/ CHALL 982.80

01.0130.1330.5215 13518 01/03/2024 9/8-12/8/23 SURVEILLANCE CCTR/POOL 1,263.84

EMPLOYMENT DEVELOPMENT DEPT.

EMPLOYMENT DEVELOPMENT DEPT.HOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISON

01.0140.1100.5406 DFT0001301 11/21/2023 OCT'23 WATER SVCS 48.96 SPARKLETTS

01.0170.1730.5710 DFT0001298 11/29/2023 10/13-11/13/23 1556 CENTRAL AVE 1,976.20

01.0170.1730.5710 DFT0001299 11/29/2023 10/13-11/13/23 1530 CENTRAL AVE 2,319.59

01.0170.1730.5710 DFT0001300 11/29/2023 10/13-11/13/23 1415 SANTA ANITA AVE 1,785.63

01.0170.1730.5705 DFT0001295 11/28/2023 10/16-11/15/23 1900 CENTRAL AVE 93.07

01.0170.1730.5705 DFT0001296 11/28/2023 10/16-11/15/23 1500 CENTRAL AVE 3,149.18

01.0170.1730.5710 DFT0001297 11/29/2023 10/13-11/13/23 1824 CENTRAL AVE 951.31

01.0170.1730.5705 DFT0001292 11/28/2023 10/16-11/15/23 1450 LIDCOMBE AVE 94.8101.0170.1730.5705 DFT0001293 11/28/2023 10/16-11/15/23 1556 CENTRAL AVE 552.56

01.0170.1730.5705 DFT0001294 11/28/2023 10/16-11/15/23 1530 CENTRAL AVE 183.52

01.0170.1730.5720 DFT0001289 11/24/2023 10/12-11/9/23 MERCED N/W SANTA ANITA 59.26

01.0170.1730.5720 DFT0001290 11/24/2023 10/12-11/9/23 1652 IRRIG TYLER 159.56

01.0170.1730.5705 DFT0001291 11/28/2023 10/16-11/15/23 1824 CENTRAL AVE 94.81

01.0170.1730.5720 DFT0001286 11/24/2023 10/12-11/9/23 N LERMA / MILLET 237.1201.0170.1730.5720 DFT0001287 11/24/2023 10/12-11/9/23 1500 N CENTRAL 1,080.1301.0170.1730.5720 DFT0001288 11/24/2023 10/12-11/9/23 N/E MERCED SANTA ANITA 136.78

01.0170.1730.5720 DFT0001283 11/24/2023 10/12-11/9/23 1556 N CENTRAL 446.74

01.0170.1730.5720 DFT0001284 11/24/2023 10/12-11/9/23 1530 N CENTRAL 273.58

01.0170.1730.5720 DFT0001285 11/24/2023 10/12-11/9/23 1415 N SANTA ANITA 337.3701.0170.1730.5720 DFT0001280 11/24/2023 10/12-11/9/23 1819 N CENTRAL 246.24

01.0170.1730.5720 DFT0001281 11/24/2023 10/12-11/9/23 1707 N MERCED 63.8101.0170.1730.5720 DFT0001282 11/24/2023 10/12-11/9/23 10/12-11/9/23 1819 N MERCED 241.56

01.0170.1730.5720 DFT0001277 11/29/2023 10/16-11/14/23 2464 ROSEMEAD 191.46

01.0170.1730.5720 DFT0001278 11/24/2023 10/12-11/9/23 1900 N CENTRAL 136.75

01.0170.1730.5720 DFT0001279 11/24/2023 10/12-11/9/23 10452 E RUSH 86.63

01.0170.1730.5720 DFT0001274 11/24/2023 10/12-11/9/23 1824 N CENTRAL 492.30

01.0170.1730.5720 DFT0001275 11/24/2023 10/12-11/9/23 2000 IRRIG SANTA ANITA 77.52

01.0170.1730.5720 DFT0001276 11/24/2023 10/16-11/14/23 2620 ROSEMEAD 159.5601.0170.1760.5540 DFT0001272 11/27/2023 CABLE TIE/ ST MTNC 236.0601.0170.1760.5545 DFT0001272 11/27/2023 PRO FRAME & ROLLER GRAFFITI REMOVAL 176.90

01.0170.1730.5720 DFT0001273 11/24/2023 10/12-11/9/23 2022 N CENTRAL 95.7401.0170.1740.5962 DFT0001272 11/27/2023 SMALL TOOLS 84.7701.0170.1740.5962 DFT0001272 11/27/2023 STAPLE GUN & STAPLES 45.1401.0170.1750.5962 DFT0001272 11/27/2023 TOOL REPLACEMENT 37.4201.0170.1710.5520 DFT0001272 11/27/2023 MAINTENANCE SUPP/ CITY HALL 399.95

01.0170.1710.5520 DFT0001272 11/27/2023 MODULAR PLUG & CABLE 70.4801.0170.1720.5520 DFT0001272 11/27/2023 KEYS/ MAINT YARD 13.1301.0160.1640.5520 DFT0001272 11/27/2023 PIPE REPAIR SUPPLIES 32.9601.0160.1650.5520 DFT0001272 11/27/2023 INSTALL CONCRETE SUPPLIES/ NTP 83.2201.0160.1670.5520 DFT0001272 11/27/2023 RESPIRATORS/ RESTROOM PAINT SUPP 109.9601.0160.1610.5520 DFT0001272 11/27/2023 CEILING TILE SILICONE SUPPLIES 152.2001.0160.1610.5520 DFT0001272 11/27/2023 COMM RM PAINT 96.0701.0160.1610.5520 DFT0001272 11/27/2023 EXTERIOR DOOR FRAME SUPPLIES 80.8501.0160.1610.5520 DFT0001272 11/27/2023 SUPPLIES/ SCTR POOL RM 157.2601.0160.1610.5520 DFT0001272 11/27/2023 DRILL BIT/ WALL 19.5901.0160.1610.5520 DFT0001272 11/27/2023 TOILET REPAIR SUPP/ BOXING GYM 14.6101.0160.1610.5520 DFT0001272 11/27/2023 COMM ROOM SUPP/ BOXING GYM 404.72

01.0140.1100.5406 DFT0001272 11/27/2023 REFRIGERATOR/ CODE ENFORCEMENT 477.8501.0151.1543.5952 DFT0001272 11/27/2023 RUBBER HOSES-SPRAY & EXTENSIONS 1,677.32

01.0160.1610.5520 DFT0001272 11/27/2023 SUPPLIES/ BOXING GYM 50.2601.0000.0000.2230 DFT0001271 12/04/2023 PPE 11/25/23 UI TAX WTHD'G 202.22

01.0000.0000.2230 DFT0001271 12/04/2023 PPE 11/25/23 TNG TAX WTHD'G 10.12

SPARKLETTS
WASHINGTON NATIONAL INSURANCE COATHENS SERVICESCALPERSCALPERSCALPERSCALPERSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDELTA DENTAL OF CALIFORNIADEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITJCB FINANCE, PROG. BANK OF THE WESTQUADIENT LEASING USA, INC.QUADIENT LEASING USA, INC.SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATER

01.0170.1730.5720 DFT0001328 12/11/2023 10/24-11/22/23 1341 ISLAND/SANTA ANITA 42.98

01.0170.1730.5720 DFT0001329 12/22/2023 11/9-12/11/23 1500 N CENTRAL 1,203.1601.0170.1730.5720 DFT0001330 12/11/2023 10/24-11/22/23 1819 CENTRAL 625.11

01.0170.1730.5720 DFT0001325 12/22/2023 11/9-12/11/23 2022 N CENTRAL 72.9601.0170.1730.5720 DFT0001326 12/22/2023 11/7-12/7/23 1903 IRRIG DURFEE 136.7801.0170.1730.5720 DFT0001327 12/11/2023 10/24-11/22/23 1556 IRRG CENTRAL 371.2301.0170.1730.5720 DFT0001323 12/22/2023 11/7-12/7/23 2018 DURFEE 228.0101.0170.1730.5720 DFT0001324 12/21/2023 11/6-12/6/23 1710 IRRIG DURFEE 228.0101.0170.1730.5720 DFT0001321 12/21/2023 11/6-12/6/23 1502 IRRIG PECK 351.04

01.0170.1730.5720 DFT0001322 12/21/2023 11/6-12/6/23 THIENES / PARKWAY 27.3601.0170.1730.5720 DFT0001318 12/21/2023 11/6-12/6/23 1628 IRRIG DURFEE 264.4701.0170.1730.5720 DFT0001319 12/22/2023 11/9-12/11/23 1819 N MERCED 123.08

01.0170.1730.5720 DFT0001320 12/22/2023 11/9-12/11/23 2000 IRRIG SANTA ANITA 72.96

01.0170.1770.5950 DFT0001316 12/18/2023 DEC'23 TRACTOR LEASE 1,694.6701.0100.1020.5916 DFT0001317 12/21/2023 SUPPLY LABELS 191.6701.0100.1020.5916 DFT0001317 12/21/2023 POSTAGE 2,000.0001.0000.0000.2270 DFT0001315 12/27/2023 CASE 1457313 402.5001.0000.0000.2270 DFT0001315 12/27/2023 CASE 200000002135289 780.5001.0000.0000.2270 DFT0001315 12/27/2023 CASE 200000002163990 359.0001.0000.0000.2270 DFT0001314 12/27/2023 CASE 0980438 150.0001.0000.0000.2270 DFT0001314 12/27/2023 CASE 200000002163990 359.0001.0000.0000.2270 DFT0001315 12/27/2023 CASE 0980438 150.0001.0000.0000.2230 DFT0001313 12/28/2023 PPE 12/23/23 UI TAX WTHD'G 230.82

01.0000.0000.2270 DFT0001314 12/27/2023 CASE 200000002135289 780.5001.0000.0000.2270 DFT0001314 12/27/2023 CASE 1457313 402.5001.0000.0000.2210 DFT0001312 12/15/2023 PPE 12/9/23 STATE WTHD'G 7,535.2901.0000.0000.2210 DFT0001313 12/28/2023 PPE 12/23/23 STATE WTHD'G 6,594.4501.0000.0000.2230 DFT0001313 12/28/2023 PPE 12/23/23 TNG WTHD'G 11.5501.0000.0000.2215 DFT0001311 12/28/2023 PPE 12/23/23 MEDICARE 6,306.32

01.0000.0000.2030 DFT0001312 12/15/2023 PPE 12/9/23 TNG WTHD'G 12.2001.0000.0000.2030 DFT0001312 12/15/2023 PPE 12/9/23 UI TAX WTHD'G 243.43

01.0000.0000.2215 DFT0001310 12/15/2023 PPE 12/9/23 MEDICARE 7,416.6201.0000.0000.2205 DFT0001311 12/28/2023 PPE 12/23/23 FEDERAL 19,250.76

01.0000.0000.2215 DFT0001311 12/28/2023 PPE 12/23/23 FICA 25,724.2801.0000.0000.2260 DFT0001309 12/20/2023 JAN'24 DENTAL 6,039.6301.0000.0000.2205 DFT0001310 12/15/2023 PPE 12/9/23 FEDERAL 22,438.33

01.0000.0000.2215 DFT0001310 12/15/2023 PPE 12/9/23 FICA 30,739.6801.0000.0000.2020 DFT0001308 01/04/2024 PPE 12/23/23 RATE PLAN 27216 15,100.15

01.0000.0000.2020 DFT0001308 01/04/2024 PPE 12/23/23 RATE PLAN 23047 1,990.62

01.0000.0000.2020 DFT0001308 01/04/2024 PPE 12/23/23 RATE PLAN 685 9,399.99

01.0000.0000.2020 DFT0001305 12/15/2023 PPE 12/9/23 RATE PLAN 23047 1,990.62

01.0000.0000.2020 DFT0001306 01/04/2024 DEC'23 RATE PLAN 27216 349.6401.0100.1050.5947 DFT0001307 12/20/2023 2023 RPLCMT BENEFIT CONTRIBUTION 7,445.1601.0100.1050.5945 DFT0001304 12/20/2023 JAN'24 EMPLOYER SHARE OF RETIRED 1,099.0001.0000.0000.2020 DFT0001305 12/15/2023 PPE 12/9/23 RATE PLAN 685 9,381.3201.0000.0000.2020 DFT0001305 12/15/2023 PPE 12/9/23 RATE PLAN 27216 15,504.98

01.0000.0000.2250 DFT0001304 12/20/2023 JAN'24 ACTIVE EMPLOYEE PREMIUM 88,120.1701.0100.1050.5941 DFT0001304 12/20/2023 JAN'24 ADMIN FEE/ RETIRED 23.9701.0100.1050.5941 DFT0001304 12/20/2023 JAN'24 ADMIN FEE/ ACTIVE 281.9801.0140.7020.5406 DFT0001301 11/21/2023 OCT'23 WATER SVCS 48.9601.0000.0000.2224 DFT0001302 12/06/2023 DEC'23 SUPPLEMENTAL LIFE INSURANCE 970.26

02.0170.1760.5550 DFT0001303 12/15/2023 DEC'23 SWEEPER SVCS 6,140.00

SAN GABRIEL VALLEY WATER

SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONVISION SERVICE PLAN Grand Total 1,325,447.47

01.0170.1730.5710 DFT0001377 12/20/2023 11/7-12/7/23 1459 SANTA ANITA AVE 463.5801.0170.1730.5710 DFT0001378 12/28/2023 11/14-12/13/23 1530 CENTRAL AVE 1,845.22

01.0000.0000.2255 DFT0001379 12/21/2023 JAN'24 VISION INSURANCE 823.2302.0170.1760.5725 DFT0001374 12/19/2023 11/1-11/30/23 STREET LIGHTS 2,316.7902.0170.1760.5725 DFT0001375 12/13/2023 11/1-11/30/23 STREET LIGHTS 4,413.2202.0170.1760.5725 DFT0001376 12/13/2023 11/1-11/30/23 STREET LIGHTS 3,769.0101.0170.1730.5710 DFT0001371 12/28/2023 11/14-12/13/23 1824 CENTRAL AVE 715.81

01.0170.1730.5710 DFT0001372 12/28/2023 11/14-12/13/23 1415 SANTA ANITA 2,071.14

01.0170.1730.5710 DFT0001373 12/28/2023 11/14-12/13/23 1556 CENTRAL AVE 1,166.50

01.0170.1730.5705 DFT0001368 12/27/2023 11/15-12/14/23 1900 CENTRAL AVE 189.75

01.0170.1730.5705 DFT0001369 12/27/2023 11/15-12/14/23 1556 CENTRAL AVE 533.75

01.0170.1730.5710 DFT0001370 12/13/2023 11/1-11/30/23 2028 CENTRAL AVE 289.34

01.0170.1730.5705 DFT0001367 12/27/2023 11/15-12/14/23 1500 CENTRAL AVE 2,618.05

01.0170.1730.5705 DFT0001364 12/27/2023 11/15-12/14/23 1530 CENTRAL AVE 490.24

01.0170.1730.5705 DFT0001365 12/12/2023 10/30-11/30/23 1415 SANTA ANITA AVE 154.1201.0170.1730.5705 DFT0001366 12/27/2023 11/15-12/14/23 1450 LIDCOMBE AVE 91.0601.0170.1730.5720 DFT0001361 12/22/2023 11/9-12/11/23 MERCED N/W SANTA ANITA 59.26

01.0170.1730.5720 DFT0001362 12/28/2023 11/14-12/13/23 2464 ROSEMEAD 232.4701.0170.1730.5720 DFT0001363 12/22/2023 11/7-12/7/23 1926 IRR DURFEE 323.7001.0170.1730.5720 DFT0001358 12/22/2023 11/9-12/11/23 1415 N SANTA ANITA 346.4901.0170.1730.5720 DFT0001359 12/22/2023 11/9-12/11/23 10452 E RUSH 86.63

01.0170.1730.5720 DFT0001360 12/22/2023 11/8-12/8/23 1675 IRRIG DURFEE 182.3401.0170.1730.5720 DFT0001355 12/21/2023 11/6-12/6/23 1660 IRRIG DURFEE 136.7801.0170.1730.5720 DFT0001356 12/22/2023 11/9-12/11/23 N LERMA/MILLET 241.6801.0170.1730.5720 DFT0001357 12/22/2023 11/9-12/11/23 1900 N CENTRAL 168.65

01.0170.1730.5720 DFT0001352 12/28/2023 11/14-12/13/23 2620 ROSEMEAD 159.5601.0170.1730.5720 DFT0001353 12/22/2023 11/9-12/11/23 1707 N MERCED 63.8101.0170.1730.5720 DFT0001354 12/22/2023 11/9-12/11/23 N/E MERCED SANTA ANITA 141.33

01.0170.1730.5720 DFT0001349 12/11/2023 10/24-11/22/23 1450 LIDCOMBE 3,000.7501.0170.1730.5720 DFT0001350 12/22/2023 11/8-12/8/23 1450 LIDCOMBE AVE 218.9001.0170.1730.5720 DFT0001351 12/27/2023 11/13-12/12/23 2218 ROSEMEAD 136.78

01.0170.1730.5720 DFT0001346 12/22/2023 11/9-12/11/23 1556 N CENTRAL 364.71

01.0170.1730.5720 DFT0001347 12/22/2023 11/9-12/11/23 1530 N CENTRAL 291.81

01.0170.1730.5720 DFT0001348 12/27/2023 11/13-12/12/23 2004 IRRIG ROSEMEAD 27.3601.0170.1730.5720 DFT0001343 12/18/2023 12/1/23-1/1/24 1415 N SANTA ANITA 72.2901.0170.1730.5720 DFT0001344 12/21/2023 11/6-12/6/23 1109 IRRIG PECK 218.90

01.0170.1730.5720 DFT0001345 12/11/2023 10/24-11/22/23 1530 IRRG CENTRAL 386.8501.0170.1730.5720 DFT0001340 12/18/2023 12/1/23-1/1/24 1900 N CENTRAL 108.4401.0170.1730.5720 DFT0001341 12/21/2023 11/6-12/6/23 FARNDON-PECK 72.9601.0170.1730.5720 DFT0001342 12/22/2023 11/9-12/11/23 1652 IRRIG TYLER 150.45

01.0170.1730.5720 DFT0001337 12/22/2023 11/9-12/11/23 1819 N CENTRAL 250.79

01.0170.1730.5720 DFT0001338 12/21/2023 11/6-12/6/23 1222 IRRIG PECK 310.03

01.0170.1730.5720 DFT0001339 12/11/2023 10/24-11/22/23 1415 IRRG SANTA ANITA 570.43

01.0170.1730.5720 DFT0001334 12/11/2023 10/24-11/22/23 1402 IRR LERMA 2,289.0201.0170.1730.5720 DFT0001335 12/22/2023 11/9-12/11/23 1824 N CENTRAL 437.62

01.0170.1730.5720 DFT0001336 12/22/2023 11/7-12/7/23 11016 GOMEZ PALACIO 27.3601.0170.1730.5720 DFT0001331 12/11/2023 10/24-11/22/23 1500 CENTRAL 609.49

01.0170.1730.5720 DFT0001332 12/21/2023 11/6-12/6/23 1508 IRRG PECK 273.5801.0170.1730.5720 DFT0001333 12/11/2023 10/24-11/22/23 1450 LIDCOMBE 273.58

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

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 SEEK

REQUEST FOR PROPOSALS (RFP) FOR SEWER RATE
STUDY
SUMMARY: Staff seeks City Council approval to issue Request for Proposals (RFP) to prepare sewer rate study.

RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified firms to prepare sewer rate study.

FISCAL/FINANCIAL IMPACT: The proposed services will be funded through Sewer Assessment Funds. Staff will return to City Council to award contract after proposals are received.

DISCUSSION: The purpose of this study is to prepare a cost-of-service study, validate the appropriate rate structure, and recommend rates for the City that generate adequate revenue to cover the following:
• Current and future operations and maintenance costs based on established and anticipated regulations and industry best management practices; • Rate stabilization;
• Capital repair and replacement costs based on the age and condition of infrastructure and systems;
• Major Capital Improvement project costs;
• Maintain an adequate reserve fund;
• Required debt coverage; and
• Necessary studies are required to maintain an efficient and resilient utility, which includes conducting Closed-Circuit Television (CCTV) inspections of the existing sanitary sewer system.

The study will analyze a 20-year period and develop a 5-Year Rate Structure that is in compliance with the California Proposition 218 requirements.

Staff seeks City Council approval to issue Request for Proposals (RFP) for sewer rate study.

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

ATTACHMENT(S):

A. RFP FOR SEWER RATE STUDY
B. SEM Sewer Rate Study 2010

REQUEST FOR PROPOSALS (RFP)

TO PREPARE SEWER RATE STUDY

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
January 10, 2024

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

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

REQUIRED NUMBER OF PROPOSALS
Two (2) hard copies and one (1) electronic
copy (pdf)

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

PROPOSAL DUE DATE
February 7, 2024, 2 pm

ATTACHMENT A

RFP To Prepare Sewer Rate Study Table of Contents
Table of Contents

1. General Information 1

2. Project Description 1

3. RFP Schedule 2

4. Scope of Services 2

5. Key Personnel 6

6. City’s Standard Professional Services Agreement 6

7. Insurance Coverage Limits and Requirements 6

8. Consultant Selection Methodology 7

9. Prevailing Wage Rates 7

10. Contract Award 8

11. Required Format for Technical Proposal Submittal 8

12. Fee Estimate Proposal Submittal 10

13. Questions Regarding This RFP 10

14. Proposal Submittal Protocol 10

15. Pre-Contractual Expenses In Responding To The RFP Preparation 11 Attachments:

Attachment A - Affidavit of Non-Collusion
Attachment B - Claims History
Attachment C - Sample Professional Services Agreement
Attachment D - 2010 Sewer Rate Study

RFP To Prepare Sewer Rate Study Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PREPARE SEWER RATE STUDY
To interested and qualified Consultants:

The City of South El Monte is soliciting Proposals from qualified firms to Prepare Sewer Rate Study.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit one (1) hard copy and one (1) electronic copy (pdf) of their Proposals no later than 2 pm on February 7, 2024, to:

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

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

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

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

RFP To Prepare Sewer Rate Study RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PREPARE SEWER RATE STUDY

IN THE CITY OF SOUTH EL MONTE, CALIFORNIA
January 10, 2024

1. GENERAL INFORMATION
A. Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents and encompasses 2.3 square miles. This “Industrial Community” is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.

South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both the residents and business community are working together to make the community a better place to live and work.

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

B. Overview
The City of South El Monte owns 43.8 miles (231,504 feet) of generally 8" diameter Vitrified Clay Pipe (VCP) sanitary sewers in its public streets, alleys and rights-of-way.

The City sewers, via a lateral to each parcel of property, carry the sewage (wastewater) to larger trunk sewers owned and operated by the County Sanitation Districts (CSD) of Los Angeles County. The CSD sewers transport the wastewater to treatment plants located outside of the City. The City local sewers are maintained under an agreement by the Consolidated Sewer Maintenance District (CSMD). The exact age of the City sewer system is not presently known but the majority of the City sewer lines were estimated to be over 50 years of age.

The last Sewer Rate Study was prepared back in 2010. See Attachment D – 2010 Sewer Rate Study for further information. The City is requesting the services of a company to Prepare/Update Sewer Rate Study.

2. PROJECT DESCRIPTION

RFP To Prepare Sewer Rate Study RFP, Page 2
The City is requesting proposals from qualified firms to prepare a comprehensive wastewater (sewer) rate study. The purpose of this study is to prepare a cost of service study, validate the appropriate rate structure, and recommend rates for the City that generate adequate revenue to cover:
• Current and future operations and maintenance costs based on established and anticipated regulations and industry best management practices; • Rate stabilization;
• Capital repair and replacement costs based on age and condition of infrastructure and systems;
• Major Capital Improvement project costs;
• An adequate reserve fund;
• Required debt coverage; and
• Necessary studies to maintain an efficient and resilient utility.

The study will analyze a 20-year period and develop a 5-Year Rate Structure that is in compliance with the California Proposition 218 requirements.

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

Request for Proposals Posted and Issued January 10, 2024 Deadline for Receipt of Questions January 26, 2024, 4 pm Addendum (if necessary) to Respond to
Questions
January 31, 2024
Deadline for Receipt of Proposals (RFP Due
Date)
February 7, 2024, 2 pm
Evaluation of proposals February 2024
Final Consultant Selection February 2024
Contract Awarded by City Council March 2024
Contract Execution March 2024
Notice to Proceed March 2024

4. SCOPE OF SERVICES
The following Scope of Services, as well as the entire RFP, will become part of the Agreement. The Scope of Services includes, but is not limited to, the tasks below, and any other tasks necessary to prepare a comprehensive Sewer Rate Study. The

RFP To Prepare Sewer Rate Study RFP, Page 3
completeness of the consultant’s proposed scope of services will be a consideration in selecting the firm to prepare the City’s rate study. The proposer is encouraged to adjust the list of tasks below as necessary to provide the City with a complete rate study.

1. Review requirements, bond covenants, and other contractual requirements and operations of the sewer system.

2. Provide a comparison of current sewer system costs (operations, capital improvements, bonded debt) against appropriate industry benchmarks, and comparable municipal entities in Southern California.

3. Evaluate the existing sewer rate structures for conformance with existing statutory regulations and make recommendations for any changes that are necessary to achieve compliance that is equitable amongst all categories.

4. Identify the various direct costs included in the City’s budget including billing and collection and make recommendations for any changes necessary to ensure those direct operational costs are properly aligned with the appropriate enterprise fund.

5. Evaluate the existing sewer connection fee and make recommendations for any changes for “buy-in” and new capacity or development fee to offset demand for future new service locations.

6. Recommend a baseline rate structure required to fund sewer system improvements and maintenance and consider annual inflationary, indexed adjustments to rates needed to maintain utility.

7. Any recommendations made must consider or make provision for the following factors:
a. Current and future cost of providing sewer services in conformance with established or anticipated changes to standards and regulations. b. Age and condition of sewer systems and the need to fund long-term capital replacements.
c. Changes in various systems as proposed in the 2011 Sewer Master Plan.

8. Develop an understanding of the 2011 Sewer Master Plan and the 5-Year Capital Improvement Plan (CIP) impacts of those plans on future rates.

9. Develop an understanding of the costs and both the tangible and intangible benefits realized by operating the existing sewer systems and quantify the expected changes that will occur with implementation of the City’s 5-year CIP plan.

10.Develop an understanding of the existing rate structure and the assumptions underlying the cost distribution to the various rate categories.

11.Develop an understanding of the City’s reserve policy and other financial policies, and ensure any recommendations for changes in rates meet the cash flow objectives of those policies.

12.Comment as to the extent to which the projected revenues meet projected operating and capital needs satisfy bond covenants and required and/or recommended reserve levels.

13.Assess existing customer service fee structure and identify other potential areas for service and system charges (plan reviews, sewer service shut-offs, etc.) and recommend changes, if appropriate. Assessment is to note any resulting increase in liability the City may incur as a result of assessing the fees.

RFP To Prepare Sewer Rate Study RFP, Page 4

14.Propose a methodology for annual inflationary adjustments in compliance with Proposition 218.
a. Include a reserve analysis in the financial models.

15.Demonstrate that costs from any proposed modifications are equitably distributed in proportion to the benefit received by the various classifications.

16.Provide justifications for any special classes of customers under the recommended rate structure.

17.Demonstrate that any alternative rate structure is easy to understand and administer and can be accommodated within the existing City’s billing system.

18.Demonstrate that any proposed rate structure is in compliance with the rate covenants of the City’s outstanding utility bonds.

19.Demonstrate that any proposed modifications to the rates and fees are in conformance with the City’s other policy documents.

20.Modify the existing rate model or deliver a new spreadsheet model that reflects any changes to the rate structure accepted by the Council and provide training to staff in running “scenarios” that will allow staff to fully understand how the model operates and how the results of various future recommendations that may be proposed can be illustrated.

21.Provide a model that has a user friendly dashboard with interactive graphics that automatically produces a suite of reports and graphs as inputs are changed. The model will be the property of the City and may be used by the City for any purpose.

22.Conduct analyses as required to address the scope of services.

23.Conduct a detailed review of the existing sewer rates and status of the sewer funds, and develop a general familiarity with the City’s billing system.

24.Meet or confer weekly with staff by zoom or similar platform.

25.Attend up to two (2) meetings with the City Council at a Council Meeting to present the study result if needed and obtain their input.

26.Coordinate up to two (2) community meetings to discuss proposed sewer rates.

Consultant shall be prepared to present the study to the residents in a public format. Due to unavoidable, the community meetings may need to be conducted via web and/or telecom based.

27.Attend up to two (2) public hearings on the proposed sewer rates.

28.Supply a time schedule for developing the draft reports, draft final reports and final reports.

29.Preliminary Report
a. Provide preliminary financial model and proposed 5-Year Rate Structure with three (3) alternative options on the sewer rate structures.

30.Report: City shall confer with Consultant on content of the Final Report to meet Prop 218 requirements. Consultant shall prepare a Draft and a Final Report which shall include but not limited to the following:
a. Executive Summary- A narrative to summarize the scope of the study, consultant’s findings and recommendations. The narrative should also include proposed sewer rates for the next five years starting with July 1, 2024;
b. Introduction - A brief description of the organizational structure, population, service area, sewer system, including facilities, capacity, etc.;

RFP To Prepare Sewer Rate Study RFP, Page 5
c. Methodology Used- A description of the methodology used for analyzing the sewer rates and how the study complies with Proposition 218 and other applicable laws;
d. Overview of financial operations over the last 5 years and Current Financial Condition, including factors attributable to any rate covenant shortfall and corrective recommendations;
e. A description of the capital improvement program, including State and Federal regulatory requirements, a 5 year summary of proposed capital expenditures, and a statement regarding the sufficiency of improvements to meet operating needs and regulatory requirements and reasonableness of the cost estimates.
f. Ten Year Financial Plan- Comprehensive revenue and expense projection for the next 10 years and the basis for the growth projection. g. Proposed new rate structure that provides adequate revenues generated from rates, that is defensible and equitable across customer classes, and complies with Proposition 218 rate setting. The report shall describe the methodology for the determination of cost responsibility, which may be identified by reference to appropriate industry rate making principles, including guidance associated with designing and developing water rates and charges issued by industry principles recognized by public agencies providing public utility service.
h. Proposed adjustment schedule using an inflationary formula that is clearly defined and does not exceed the cost of providing the service. i. Proposed rate schedule and rate projection that forecasts rates to 10 years and proposed typical bill if proposed rates are adopted. j. Provide comparison of proposed and current rates of other communities with similar systems.
k. Assessment of the current rate structure’s suitability for sustaining cost recovery based on customer demands.
l. Discussion on the revenue sources and requirements as well as projections. m. Describe customer classes, describe historical and projected usage. n. Describe allocation of revenue requirements to various customer classifications, by system function, unity cost of service and cost components.
o. Discuss adequacy of current rates and need for rate increase. p. Discuss proposed rates.
q. Discuss the equity of recommended sewer rates for all types of property ownership.
r. The study shall include an assessment of the revenue stream generated by the recommended rates and their ability to continue to fully fund sewer system costs and statutory regulations and standards.
s. Assess existing customer service fee structure and identify other potential areas for service and system charges (plan reviews, sewer service shutoffs, etc.) and recommend changes, if appropriate. Assessment is to note any resulting increase in liability the City may incur as a result of assessing the fees.

RFP To Prepare Sewer Rate Study RFP, Page 6
t. Provide an easy-to-use electronic rate model for the City to use in future rate setting.
u. Submit electronic copy of the Draft and Final Report. v. If needed, provide hard copy of the Draft Final Report prior to adoption. w. Provide word as well as PDF format of the Draft and Final Report.

31.The consultant will provide guidance and advice to City staff to assure compliance with the Proposition 218 process as it applies to water and wastewater services.

Provide the City with a written notice to the record owner on the proposed rate adjustment. Provide the City with a public outreach material that can be released in the City’s newsletter. It is the intent of the City to complete and adopt, if at all, the Water and Sewer rates together at the conclusion of the Proposition 218 process at a public hearing.

32.Provide an easy-to-use electronic rate model for the City to use in future rate setting.

33.Consultant shall perform and document CCTV inspections of all sewer laterals and sewer mainlines, and prepare inspection report showing point repair locations.

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

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

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

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

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS

RFP To Prepare Sewer Rate Study RFP, Page 7
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment C.

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

Evaluation Criteria Max
Points
Completeness of the Proposals and compliance with the required RFP format. 10
Project understanding, scope and approach to develop the project efficiently. 25
Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures. 25
Effectiveness of Project Schedule showing how the proposer will be able to complete the design with required time duration 15 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.

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

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

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

9. PREVAILING WAGE RATES

RFP To Prepare Sewer Rate Study RFP, Page 8
Depending upon the scope of work, the required contract provisions may include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations websites below. The selected Consultant will need to provide its Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

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

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

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

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

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

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

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

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

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

Table of Contents: Provide contents of proposal.

RFP To Prepare Sewer Rate Study RFP, Page 9
Section 1. Approach and Scope of Work: Provide your understanding of the project and describe your approach. Provide a detailed scope of work that your film will utilize in providing requested services in efficient and cost-effective manner. In your approach, describe methods that you will use for quality control, budget/cost control, schedule control, and document control.

Section 2: Schedule: Provide a project a detailed schedule. Show project tasks, durations, start and completion dates, time allocations for City review and other regulatory agency review and any outside agencies that may be involved in the review and approval process.

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

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

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

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

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

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

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

Section 8. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

RFP To Prepare Sewer Rate Study RFP, Page 10

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

Fee shall be provided in detail per each task identified on this RFP, including staff hours, hourly rates, and any subconsultant cost (if applicable). If subconsultant is proposed, provide the same detail with hours and hourly rates.

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

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

14.PROPOSAL SUBMITTAL PROTOCOL
Interested and qualified firms shall submit their proposals as follows:
• Envelope 1: Technical Proposal, 2 bound copies and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

TECHNICAL PROPOSAL

TO PREPARE SEWER RATE STUDY
• Envelope 2: Fee Proposal, 1 bound copy and 1 pdf file on thumb drive.

Please indicate on the Proposal Cover:

FEE PROPOSAL

TO PREPARE SEWER RATE STUDY
Proposal submittal due date is:

February 7, 2024, 2 pm
Proposals shall be addressed to:

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

RFP To Prepare Sewer Rate Study RFP, Page 11
South El Monte, CA 91733
Attn: John Poehler, Public Works Director
Late proposals will not be accepted.

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

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

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

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

END OF RFP

ATTACHMENTS TO FOLLOW
Attachment A Affidavit of Non-Collusion
Attachment B Claims History

RFP To Prepare Sewer Rate Study RFP, Page 12
Attachment C Sample Professional Services Agreement
Attachment D 2010 Sewer Rate Study

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment A, Page 1

ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

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

12402-0001\2179898v2.doc Approved for Use 04/26/18
Attachment B, Page 1

ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

01257.0001/867754.1

ATTACHMENT C

SAMPLE PROFESSIONAL SERVICES AGREEMENT

01257.0001/867754.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

01257.0001/867754.1 1

AGREEMENT FOR CONTRACT SERVICES

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

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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

01257.0001/867754.1 2
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

01257.0001/867754.1 3

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed __________________________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

01257.0001/867754.1 4
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

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

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

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

01257.0001/867754.1 5

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

01257.0001/867754.1 6
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

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

4.4 Independent Consultant.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

01257.0001/867754.1 8
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute

01257.0001/867754.1 9
with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be

01257.0001/867754.1 10
additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in

01257.0001/867754.1 11
connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, list
s, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and

01257.0001/867754.1 12
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.

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

01257.0001/867754.1 13
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 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

01257.0001/867754.1 14
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 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.

01257.0001/867754.1 15

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 $_________ (___________________________ 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 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.

01257.0001/867754.1 16
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 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.

01257.0001/867754.1 17
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 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

01257.0001/867754.1 18
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]

01257.0001/867754.1 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:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/867754.1

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.

01257.0001/867754.1

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.

01257.0001/867754.1 A-1
EXHIBIT “A”

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

A.

B.

C.

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

A.

B.

C.

V. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A.

B.

C.

VI. 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.

VII. Consultant will utilize the following personnel to accomplish the Services:

A.

B.

C.

01257.0001/867754.1 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 bold italics.

01257.0001/867754.1 C-1
EXHIBIT “C”

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

RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

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

EXHIBIT “D”

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

Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

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

ATTACHMENT D
2010 SEWER RATE STUDY

ATTACHMENT B

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

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: CONSIDERATION AND APPROVAL OF RESOLUTION 24-117,

APPROVING AN AMENDED CITY FACILITY RESERVATION

REGULATIONS AND FEES POLICY TO INCLUDE ADDITIONAL

CRITERIA FOR NON-PROFIT ORGANIZATIONS TO QUALIFY FOR A
FACILITY FEE WAIVER.

SUMMARY: Consideration of Resolution No. 24-117, approving an amended City Facility Reservation Regulations and Fees Policy to include additional criteria for non-profit organizations to qualify for a facility fee waiver.

RECOMMENDED ACTION: Staff recommends the City Council:

1. Adopt Resolution No. 24-117, approving an amended City Facility Reservation Regulations and Fees Policy to include additional criteria for non-profit organizations to qualify for a facility fee waiver upon written request including:*
a. The organization's non-profit status must have a South El Monte address registered with the State of California.
b. The organization name must include "South El Monte." c. At least 25% of the registered participants must be South El Monte residents.

Rosters are required for verification.
* These provisions shall not apply to the Montebello Brewers.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: At the December 12, 2023 City Council Meeting, the City Council directed staff to make a change to the existing City Facility Reservation Regulations and Fees Policy to include additional criteria required for non-profit organizations to qualify for a facility fee waiver upon written request for the use of City facilities. After further discussion, the City Council agreed that the Montebello Brewers are exempt from these provisions based on their past relationship with the City and the significant contributions the organization makes to the City. The current facilities reservation policy, adopted by the City Council on July 11, 2018, states that it is the City Council's discretion to waive the facilities rental fee for local South El Monte based non-profit organizations. Per the facility reservation policy, all other fees/costs related to the use of facilities such as staff, security, insurance, and deposits may not be waived. No more than two (2) permits per calendar year will be waived for non-profit organizations.

Staff report prepared by Nancy Rodriguez, Community Services Analyst.

ATTACHMENT(S):

A. Resolution No. 24-117
B. City Facility Reservation Regulations and Fees Policy (Redlined Draft) C. Amended City Facility Reservation Regulations and Fees Policy (4)

ATTACHMENT A
RESOLUTION NO. 24-117

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL APPROVING A REVISION TO THE CITY

FACILITY RESERVATION REGULATIONS AND FEES
POLICY
WHEREAS, the City of South El Monte adopted the City Facility Reservation Regulations and Fees Policy on July 11, 2018.

WHEREAS, the City Council desires to revise the City Facility Reservation Regulations and Fees Policy to include additional criteria for non-profit organizations to qualify for a facility fee waiver.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Manager or their designee shall execute revision to the above referenced policy as attached to the staff report.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution 24-117.

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-117 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 9th day of January 2024, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
________________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B

CITY FACILITY RESERVATION

REGULATIONS AND FEES POLICY
REVISED JANUARY 9, 2024
EFFECTIVE JULY 11, 2018

-2-
12402-0001\2191376v2.doc
Policy Statement
The City of South El Monte (“City”) strives to provide opportunities in which the community can come together for positive experiences and enhance the lives of individuals and families. The City’s Recreation Services Department provides a great opportunity for the community to come together to meet this goal.

Purpose
This facility use document allows the City to communicate its policies and procedures for the reserved and safe use of its community buildings, Aquatic Center and Parks (“Facilities”). This facility use document is structured for flexibility to allow for changes and revisions to meet the ongoing interests and needs of the community.

1. General Information
The City’s Recreation Services Department is responsible for the reservation and rental of the City’s Facilities by the general public and local organization/business for cultural, social, recreational and educational purposes. The City reserves the right to revoke or terminate a facility use agreement and permit of any individual or organization/business for the violation of these policies and procedures.

Due to the growing increase in demand for the use of the Facilities in the community, the City encourages and emphasizes the sharing of the Facilities and requests that only those Facilities be reserved that are needed for programs and activities.

In addition, the City may charge a fee to recover its costs to operate, maintain, supervise, and administer the use of its Facilities.

The City will evaluate the effectiveness of these policies and procedures on an annual basis and make revisions, as needed, to address the service needs and interests of the community.

2. Facilities Available for Reservation and Rental
• Community Center Complex, 1530 Central Avenue
• Aquatic Center, 1500 Central Avenue
• Mary Van Dyke Park- Community Room and Gazebo, 1819 Central Avenue • New Temple Park, 1450 Lidcombe Avenue
• Dean Shively Park, 1402 Lerma Road
• Senior Center, 1556 Central Avenue

3. Qualifying User Groups- Descending Order of Priority Resident – Resident includes individuals with a South El Monte address conducting functions and/or activities not open to the general public; commercial industrial, private or professional organizations/businesses with a South El Monte address, using the Facilities for non-profit purpose; public and private schools; church groups; local certificated (501c3) non-profit youth and adult organizations, whose membership live, work, or go to schools in the City and conduct community events, programs and/or activities that are open to the general public, and City employees. Proof of non-profit status must be submitted and on file prior to the schedule use of the facility.

Non-Resident – Users without a South El Monte address.

-3-
12402-0001\2191376v2.doc

COMMUNITY CENTER COMPLEX
Liability Insurance Premiums
Liquor Legal Liability Premiums

SENIOR CENTER
Seniors and senior citizen organizations will have priority use of the Senior Center.

Liability Insurance Premiums
Liquor Legal Liability Premiums
Room Resident Non-Resident
Gym $100 per hour $300 per hour
Amphitheater $50 per hour $100 per hour
Kitchen $200 per hour $300 per hour
Dance Room $10 per hour $20 per hour
With addition of:

Clean-up Deposit $300 $350
Damage Deposit $600 $1,000
Security Personnel $22 per hour $22 per hour
Staff Fees $12 per hour $12 per hour
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36
Occupancy Premium Occupancy Premium
1-100 $135.46 101-500 $170.90
Room Resident Non-Resident
Dining Room $100 per hour $300 per hour
Game Room 1 $10 per hour $30 per hour
Craft Room $10 per hour $40 per hour
Library $10 per hour $30 per hour
With addition of:

Clean-up Deposit $250 $350
Damage Deposit $500 $1,000
Security Personnel $22 per hour $22 per hour
Staff Fees $12 per hour $12 per hour
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36
Occupancy Premium Occupancy Premium
1-100 $135.46 101-500 $170.90

-4-
12402-0001\2191376v2.doc

AQUATICS CENTER
Three lifeguards per hour minimum; four lifeguards if also using wading pool.

Fees are per lifeguard.

Liability Insurance Premiums

MARY VAN DYKE PARK
Room Resident Non-Resident
Community Room $200 $250
Gazebo $100 $150
With addition of:

Damage Deposit $50 $50
Bouncer $25 with proof of insurance $25 with proof of insurance __________________________________________________________________________________________

NEW TEMPLE PARK/DEAN SHIVELY PARK
Area Resident Non-Resident
Single Day Use of Field $50 $100
Lining of Ball Fields $25 per field $50 per field
Lining of Football Field $50 $100
Picnic Areas $25 $50
With addition of:

Lights $30 per hour $30 per hour
Bouncer $25 with proof of insurance $25 with proof of insurance Concession Stand $200 $200
Clean-up Deposit $250 $250
Damage Deposit $500 $500
***WATERSLIDES AND PONY RIDES ARE NOT PERMITTED.***
Room Resident Non-Resident
Pool $100 per hour $300 per hour
With addition of:

Lifeguard $12 per hour $12 per hour
Locker Attendant $15 per hour $15 per hour
Clean-up Deposit $300 $350
Damage Deposit $600 $1,000
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36

-5-
12402-0001\2191376v2.doc

4. General Facility Reservation Policies and Procedures The following policies and procedures are reviewed annually and regulate the reservation and rental use of the City’s Facilities. City equipment may also be rented in conjunction with a building rental. Water slides and pony rides are not permitted.

The City reserves the right to establish a fee schedule for the rental of its Facilities in an effort to recoup its administration, maintenance, utility and equipment costs. The established fee schedule is based upon an hourly charge.

It is also at the City’s policy Council’s discretion to waive the Facilities facilities rental fee for local South El Monte based non-profit organizations. All other fees/costs related to the use of the Facilities facilities such as staff, security, insurance , and deposits are may not be waived. No more than TWO two (2) permits per calendar year will be waived for non-profit organizations. The City’s policies and procedures also include the following:

1. All Facilities reservation and rental requests are to be submitted to the Community Services Department at (626) 579-2043 between the hours of 9:00 a.m. – 7:00 p.m.

2. All persons submitting an application to reserve a City Facilities must be 21 years of age or older; and if applicant is submitting the application on behalf of an organization, the applicant must be an officer of the organization.

3. No permit will be allowed to continue past 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m.

4. No reservation shall be deemed approved until applicant receives approval in writing from the Recreation Services Supervisor or his/her designee.

5. Reservations must be submitted 14 WORKING DAYS prior to reservation date, but no more than a year prior to the scheduled event. All reservation requests are subject to approval on a first come, first serve basis.

6. A reservation may be revoked by the Community Services Department at any time for a violation of the City’s approved policies and procedures for the use of its Facilities.

7. The private and commercial use of the City’s Facilities for private financial gain is prohibited.

8. The Community Services Department shall have the right to relocate or reassign meeting rooms or facilities, as it deems necessary and appropriate.

9. The City reserves the right to deny any facility use request from any person or organization for a public meeting in a City Facility that practices discrimination of any kind and prohibits the participation due to race, religion, national origin, or any form of disability.

10. If an applicant provides false information on his/her facility reservation request, including the name of the person or sponsoring organization, the purpose of the event/activity and/or the number of attendees, the City reserves the right to deny or cancel the facility request; and the applicant’s fees may be forfeited. In addition, any current or future facility use requests by the applicant may be denied.

11. Special events or requests not covered in the City’s policies must be submitted in writing and may be reviewed by the City to determine appropriate fees and what support services would need to be provided.

12. It is the responsibility of the applicant to manage and supervise all their participants and their children while using the City facility.

13. Groups using the Community Center Kitchen facilities shall furnish their own dishes, silverware, cooking utensils, paper products, towels, soap and other essentials needed to support their activity.

-6-
12402-0001\2191376v2.doc

14. Gambling is prohibited in any City facility or parking lot. Approved “Casino Nights” used as fundraisers by a nonprofit group are exempt.

15. City equipment shall not be removed from any City facility; and the City shall not be responsible for the loss, damages, or theft of equipment or articles owned, leased or rented by the people utilizing the facilities.

16. Smoking is prohibited in all City of South El Monte enclosed public meeting facilities.

17. All table and chair diagrams must be submitted in writing at least four working days prior to scheduled use of the facility.

18. Unruly behavior will not be tolerated and is not limited to physical violence, threats of physical violence, foul language, intoxication, or the disobeying of facility rules. Should such behavior continue after the first verbal warning, the applicant’s permit may be terminated.

19. Pets or animals, except for seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits, are strictly prohibited in any City building.

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

21. All rental applicants and their participants must park in designated parking areas and park only in marked stalls during the use of the City’s Facilities.

22. The City will be responsible for hiring uniformed security staff at the applicant’s expense for uses that include dancing and/or alcohol.

23. In the event the facility is left dirty or damaged or law enforcement has to respond to a complaint, the applicant automatically forfeits the damage deposit and will be responsible to pay additional cost incurred by the City.

5. Fees

1. All rental fees are based on the attached fee schedule approved by City Council. All fees are due seven working days prior to the use of the facility.

2. The Upon written request, the City Council may grant a waiver of a facility use fee and staff time to South El Monte based non-profit groups. With the approval of this waiver, the applicant must pay all other required deposits and fees. The City Council will grant a maximum of two waivers per non-profit organization per calendar year. The following criteria is required to qualify for a facility fee waiver: *

1. The organization non-profit status must have a South El Monte address registered with the State of California.

2. The organization name must include “South El Monte.”

3. At least 25% of the registered participants must be South El Monte residents. Rosters are required for verification.
*These provisions shall not apply to the Montebello Brewers.

3. A security deposit is required of all rental applicants and may not be applied toward the rental fees. All deposits are to be paid at the time of reservation, and all rental fees for the use of the facility are due seven working days prior to the facility reservation.

-7-
12402-0001\2191376v2.doc

4. The security deposits are refundable, if the facility and equipment is left clean and free of damage, as determined by the Community Services staff after the facility is used.

5. All rental cancellation requests must be submitted five working days prior to the scheduled date of facility’s use in order to receive a refund. In addition, the registration deposit will be forfeited.

6. A non-refundable registration fee will be charged before a building permit can be considered.

-8-
12402-0001\2191376v2.doc

6. Specific Activities and Uses
A. Alcoholic Beverages

1. The serving of alcoholic beverages in the Community Center must be approved by the Recreation Services Supervisor or his/her designee. The serving of alcohol at the Senior Center must be approved by the City Council. Alcohol approval may be authorized in accordance with the following conditions:
a. The service, sale, and consumption of alcohol on the premises may be permitted only at those events for which the application for the rental of the facilities specifics. b. An Alcohol Beverage Control (“ABC”) permit is required if the user/group intends to sell alcohol.

ABC permits must be obtained from the local ABC office no more than two weeks and not less than three days prior to the event. Proof of the purchase of the permit is required prior to the scheduled use of the facility.
c. Alcohol sale or consumption is restricted to locations designated on the approved facility use permit and is limited to five hours of activity time. If participants with alcohol enter park areas, parking lots, or facilities not approved in the permit, all deposits will be automatically forfeited, the activity may be canceled, and the person and/or organization reserving the facility may lose future facility use privileges.
d. Permits are good for one day only and must be posted at the facility rental site and in the room where the alcohol is being sold.
e. Beverages in plastic and aluminum cans are preferred. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee. f. Any use or possession of alcohol without meeting the above policy and guidelines will result in the immediate cancellation of the event, forfeiture of all fees and deposits and the denial of the future use of City buildings.
g. Alcohol consumption, alcohol sales and display of alcohol will be stopped at 11:30 p.m.

B. Food and Beverages

1. Food shall not be sold to the public in City facilities without first obtaining a health permit from the Los Angeles County Health Department.

2. Food shall not be distributed outside the reserved area of the facility.

3. All caters of events in City facilities must have a City business license.

C. Set-up, Decorations and Clean-up

1. It is the responsibility of the applicant to set-up, decorate, and clean the facility after his/her scheduled event. The applicant will be required to walk through the facility with City staff before and after use to assure it is acceptable and in order, as determined by City staff.

2. The exact time for the set-up and removal of decorations must be included in the total reservation time requested.

3. The use of duct tape, tacks, nails, staples or similar fasteners is prohibited.

-9-
12402-0001\2191376v2.doc

4. All decorations used by the applicant must be removed prior to user leaving the facility.

5. All City facility decorations are seasonal displays and must not be taken down or removed by the applicant.

6. Use of candles will be allowed on birthday cakes. Any other candles should be battery operated. Chafing dish fuel canisters will be allowed, but the use of any other open flames is prohibited.

D. Amplified Music and Equipment

1. The use of amplified music and equipment are only allowed in those City Facilities reserved for use and approved by the Community Services Department.

2. Amplified music, public address systems, and associated equipment are allowed only if the request is made beforehand and approved by the City in writing.

3. All approved amplified music, public address systems, and associated equipment must be terminated at 12:00 a.m. (midnight).

4. The noise level of the amplified music, public address system or any other noisemaker shall not exceed the noise limits as stated in the City of South El Monte Municipal Code, section 8.20.020.

7. Liability Insurance

1. All applicants renting the City facilities will be required to submit a Comprehensive Personal Liability Insurance Policy the amount of $1,000,000 indemnifying and holding the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of users acts or those users participants, employees, agents, guests, or invitees in connection with uses use and/or occupancy of the City’s Facilities.

In addition, the City, its elected officials, officers, agents or employees thereof, shall be designated as additional insureds under such insurance policy. Event insurance may be purchased through the Community Services Department.

2. Proof of the effective policy must be provided to the Supervisor of the Recreation Services Department, or his/her designee, at least three working days prior to the scheduled use of the facility.

ATTACHMENT C

CITY FACILITY RESERVATION

REGULATIONS AND FEES POLICY
REVISED JANUARY 9, 2024
EFFECTIVE JULY 11, 2018

-2-
12402-0001\2191376v2.doc
Policy Statement
The City of South El Monte (“City”) strives to provide opportunities in which the community can come together for positive experiences and enhance the lives of individuals and families. The City’s Recreation Services Department provides a great opportunity for the community to come together to meet this goal.

Purpose
This facility use document allows the City to communicate its policies and procedures for the reserved and safe use of its community buildings, Aquatic Center and Parks (“Facilities”). This facility use document is structured for flexibility to allow for changes and revisions to meet the ongoing interests and needs of the community.

1. General Information
The City’s Recreation Services Department is responsible for the reservation and rental of the City’s Facilities by the general public and local organization/business for cultural, social, recreational and educational purposes. The City reserves the right to revoke or terminate a facility use agreement and permit of any individual or organization/business for the violation of these policies and procedures.

Due to the growing increase in demand for the use of the Facilities in the community, the City encourages and emphasizes the sharing of the Facilities and requests that only those Facilities be reserved that are needed for programs and activities.

In addition, the City may charge a fee to recover its costs to operate, maintain, supervise, and administer the use of its Facilities.

The City will evaluate the effectiveness of these policies and procedures on an annual basis and make revisions, as needed, to address the service needs and interests of the community.

2. Facilities Available for Reservation and Rental
• Community Center Complex, 1530 Central Avenue
• Aquatic Center, 1500 Central Avenue
• Mary Van Dyke Park- Community Room and Gazebo, 1819 Central Avenue • New Temple Park, 1450 Lidcombe Avenue
• Dean Shively Park, 1402 Lerma Road
• Senior Center, 1556 Central Avenue

3. Qualifying User Groups- Descending Order of Priority Resident – Resident includes individuals with a South El Monte address conducting functions and/or activities not open to the general public; commercial industrial, private or professional organizations/businesses with a South El Monte address, using the Facilities for non-profit purpose; public and private schools; church groups; local certificated (501c3) non-profit youth and adult organizations, whose membership live, work, or go to schools in the City and conduct community events, programs and/or activities that are open to the general public, and City employees. Proof of non-profit status must be submitted and on file prior to the schedule use of the facility.

Non-Resident – Users without a South El Monte address.

-3-
12402-0001\2191376v2.doc

COMMUNITY CENTER COMPLEX
Liability Insurance Premiums
Liquor Legal Liability Premiums

SENIOR CENTER
Seniors and senior citizen organizations will have priority use of the Senior Center.

Liability Insurance Premiums
Liquor Legal Liability Premiums
Room Resident Non-Resident
Gym $100 per hour $300 per hour
Amphitheater $50 per hour $100 per hour
Kitchen $200 per hour $300 per hour
Dance Room $10 per hour $20 per hour
With addition of:

Clean-up Deposit $300 $350
Damage Deposit $600 $1,000
Security Personnel $22 per hour $22 per hour
Staff Fees $12 per hour $12 per hour
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36
Occupancy Premium Occupancy Premium
1-100 $135.46 101-500 $170.90
Room Resident Non-Resident
Dining Room $100 per hour $300 per hour
Game Room 1 $10 per hour $30 per hour
Craft Room $10 per hour $40 per hour
Library $10 per hour $30 per hour
With addition of:

Clean-up Deposit $250 $350
Damage Deposit $500 $1,000
Security Personnel $22 per hour $22 per hour
Staff Fees $12 per hour $12 per hour
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36
Occupancy Premium Occupancy Premium
1-100 $135.46 101-500 $170.90

-4-
12402-0001\2191376v2.doc

AQUATICS CENTER
Three lifeguards per hour minimum; four lifeguards if also using wading pool.

Fees are per lifeguard.

Liability Insurance Premiums

MARY VAN DYKE PARK
Room Resident Non-Resident
Community Room $200 $250
Gazebo $100 $150
With addition of:

Damage Deposit $50 $50
Bouncer $25 with proof of insurance $25 with proof of insurance __________________________________________________________________________________________

NEW TEMPLE PARK/DEAN SHIVELY PARK
Area Resident Non-Resident
Single Day Use of Field $50 $100
Lining of Ball Fields $25 per field $50 per field
Lining of Football Field $50 $100
Picnic Areas $25 $50
With addition of:

Lights $30 per hour $30 per hour
Bouncer $25 with proof of insurance $25 with proof of insurance Concession Stand $200 $200
Clean-up Deposit $250 $250
Damage Deposit $500 $500
***WATERSLIDES AND PONY RIDES ARE NOT PERMITTED.***
Room Resident Non-Resident
Pool $100 per hour $300 per hour
With addition of:

Lifeguard $12 per hour $12 per hour
Locker Attendant $15 per hour $15 per hour
Clean-up Deposit $300 $350
Damage Deposit $600 $1,000
Occupancy Premium Occupancy Premium
1-100 $122.46 101-500 $213.36

-5-
12402-0001\2191376v2.doc

4. General Facility Reservation Policies and Procedures The following policies and procedures are reviewed annually and regulate the reservation and rental use of the City’s Facilities. City equipment may also be rented in conjunction with a building rental. Water slides and pony rides are not permitted.

The City reserves the right to establish a fee schedule for the rental of its Facilities in an effort to recoup its administration, maintenance, utility and equipment costs. The established fee schedule is based upon an hourly charge.

It is at the City Council’s discretion to waive the facilities rental fee for local South El Monte based non-profit organizations. All other fees/costs related to the use of facilities such as staff, security, insurance, and deposits may not be waived. No more than two (2) permits per calendar year will be waived for non-profit organizations. The City’s policies and procedures also include the following:

1. All Facilities reservation and rental requests are to be submitted to the Community Services Department at (626) 579-2043 between the hours of 9:00 a.m. – 7:00 p.m.

2. All persons submitting an application to reserve a City Facilities must be 21 years of age or older; and if applicant is submitting the application on behalf of an organization, the applicant must be an officer of the organization.

3. No permit will be allowed to continue past 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m.

4. No reservation shall be deemed approved until applicant receives approval in writing from the Recreation Services Supervisor or his/her designee.

5. Reservations must be submitted 14 WORKING DAYS prior to reservation date, but no more than a year prior to the scheduled event. All reservation requests are subject to approval on a first come, first serve basis.

6. A reservation may be revoked by the Community Services Department at any time for a violation of the City’s approved policies and procedures for the use of its Facilities.

7. The private and commercial use of the City’s Facilities for private financial gain is prohibited.

8. The Community Services Department shall have the right to relocate or reassign meeting rooms or facilities, as it deems necessary and appropriate.

9. The City reserves the right to deny any facility use request from any person or organization for a public meeting in a City Facility that practices discrimination of any kind and prohibits the participation due to race, religion, national origin, or any form of disability.

10. If an applicant provides false information on his/her facility reservation request, including the name of the person or sponsoring organization, the purpose of the event/activity and/or the number of attendees, the City reserves the right to deny or cancel the facility request; and the applicant’s fees may be forfeited. In addition, any current or future facility use requests by the applicant may be denied.

11. Special events or requests not covered in the City’s policies must be submitted in writing and may be reviewed by the City to determine appropriate fees and what support services would need to be provided.

12. It is the responsibility of the applicant to manage and supervise all their participants and their children while using the City facility.

13. Groups using the Community Center Kitchen facilities shall furnish their own dishes, silverware, cooking utensils, paper products, towels, soap and other essentials needed to support their activity.

-6-
12402-0001\2191376v2.doc

14. Gambling is prohibited in any City facility or parking lot. Approved “Casino Nights” used as fundraisers by a nonprofit group are exempt.

15. City equipment shall not be removed from any City facility; and the City shall not be responsible for the loss, damages, or theft of equipment or articles owned, leased or rented by the people utilizing the facilities.

16. Smoking is prohibited in all City of South El Monte enclosed public meeting facilities.

17. All table and chair diagrams must be submitted in writing at least four working days prior to scheduled use of the facility.

18. Unruly behavior will not be tolerated and is not limited to physical violence, threats of physical violence, foul language, intoxication, or the disobeying of facility rules. Should such behavior continue after the first verbal warning, the applicant’s permit may be terminated.

19. Pets or animals, except for seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits, are strictly prohibited in any City building.

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

21. All rental applicants and their participants must park in designated parking areas and park only in marked stalls during the use of the City’s Facilities.

22. The City will be responsible for hiring uniformed security staff at the applicant’s expense for uses that include dancing and/or alcohol.

23. In the event the facility is left dirty or damaged or law enforcement has to respond to a complaint, the applicant automatically forfeits the damage deposit and will be responsible to pay additional cost incurred by the City.

5. Fees

1. All rental fees are based on the attached fee schedule approved by City Council. All fees are due seven working days prior to the use of the facility.

2. Upon written request, the City Council may grant a waiver of a facility use fee and staff time to South El Monte based non-profit groups. With the approval of this waiver, the applicant must pay all other required deposits and fees. The City Council will grant a maximum of two waivers per non-profit organization per calendar year. The following criteria is required to qualify for a facility fee waiver: *

1. The organization non-profit status must have a South El Monte address registered with the State of California.

2. The organization name must include “South El Monte.”

3. At least 25% of the registered participants must be South El Monte residents. Rosters are required for verification.
*These provisions shall not apply to the Montebello Brewers.

3. A security deposit is required of all rental applicants and may not be applied toward the rental fees. All deposits are to be paid at the time of reservation, and all rental fees for the use of the facility are due seven working days prior to the facility reservation.

-7-
12402-0001\2191376v2.doc

4. The security deposits are refundable, if the facility and equipment is left clean and free of damage, as determined by the Community Services staff after the facility is used.

5. All rental cancellation requests must be submitted five working days prior to the scheduled date of facility’s use in order to receive a refund. In addition, the registration deposit will be forfeited.

6. A non-refundable registration fee will be charged before a building permit can be considered.

-8-
12402-0001\2191376v2.doc

6. Specific Activities and Uses
A. Alcoholic Beverages

1. The serving of alcoholic beverages in the Community Center must be approved by the Recreation Services Supervisor or his/her designee. The serving of alcohol at the Senior Center must be approved by the City Council. Alcohol approval may be authorized in accordance with the following conditions:
a. The service, sale, and consumption of alcohol on the premises may be permitted only at those events for which the application for the rental of the facilities specifics. b. An Alcohol Beverage Control (“ABC”) permit is required if the user/group intends to sell alcohol.

ABC permits must be obtained from the local ABC office no more than two weeks and not less than three days prior to the event. Proof of the purchase of the permit is required prior to the scheduled use of the facility.
c. Alcohol sale or consumption is restricted to locations designated on the approved facility use permit and is limited to five hours of activity time. If participants with alcohol enter park areas, parking lots, or facilities not approved in the permit, all deposits will be automatically forfeited, the activity may be canceled, and the person and/or organization reserving the facility may lose future facility use privileges.
d. Permits are good for one day only and must be posted at the facility rental site and in the room where the alcohol is being sold.
e. Beverages in plastic and aluminum cans are preferred. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee. f. Any use or possession of alcohol without meeting the above policy and guidelines will result in the immediate cancellation of the event, forfeiture of all fees and deposits and the denial of the future use of City buildings.
g. Alcohol consumption, alcohol sales and display of alcohol will be stopped at 11:30 p.m.

B. Food and Beverages

1. Food shall not be sold to the public in City facilities without first obtaining a health permit from the Los Angeles County Health Department.

2. Food shall not be distributed outside the reserved area of the facility.

3. All caters of events in City facilities must have a City business license.

C. Set-up, Decorations and Clean-up

1. It is the responsibility of the applicant to set-up, decorate, and clean the facility after his/her scheduled event. The applicant will be required to walk through the facility with City staff before and after use to assure it is acceptable and in order, as determined by City staff.

2. The exact time for the set-up and removal of decorations must be included in the total reservation time requested.

3. The use of duct tape, tacks, nails, staples or similar fasteners is prohibited.

-9-
12402-0001\2191376v2.doc

4. All decorations used by the applicant must be removed prior to user leaving the facility.

5. All City facility decorations are seasonal displays and must not be taken down or removed by the applicant.

6. Use of candles will be allowed on birthday cakes. Any other candles should be battery operated. Chafing dish fuel canisters will be allowed, but the use of any other open flames is prohibited.

D. Amplified Music and Equipment

1. The use of amplified music and equipment are only allowed in those City Facilities reserved for use and approved by the Community Services Department.

2. Amplified music, public address systems, and associated equipment are allowed only if the request is made beforehand and approved by the City in writing.

3. All approved amplified music, public address systems, and associated equipment must be terminated at 12:00 a.m. (midnight).

4. The noise level of the amplified music, public address system or any other noisemaker shall not exceed the noise limits as stated in the City of South El Monte Municipal Code, section 8.20.020.

7. Liability Insurance

1. All applicants renting the City facilities will be required to submit a Comprehensive Personal Liability Insurance Policy the amount of $1,000,000 indemnifying and holding the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of users acts or those users participants, employees, agents, guests, or invitees in connection with uses use and/or occupancy of the City’s Facilities.

In addition, the City, its elected officials, officers, agents or employees thereof, shall be designated as additional insureds under such insurance policy. Event insurance may be purchased through the Community Services Department.

2. Proof of the effective policy must be provided to the Supervisor of the Recreation Services Department, or his/her designee, at least three working days prior to the scheduled use of the facility.

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

DATE: January 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-118, CONSENTING TO THE REAPPOINTMENT OF
DONNA G. SCHWARTZ AS CITY CLERK AND APPROVAL OF

AMENDED AND RESTATED CITY CLERK EMPLOYMENT

AGREEMENT
SUMMARY: Staff is asking the City Council to consent to the reappointment of Donna G.

Schwartz as City Clerk and approve her amended and restated employment agreement for services as City Clerk.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-118, approving the amended and restated employment agreement between the City and Donna G. Schwartz for the position of City Clerk; and

2. Authorize the City Manager to execute agreement.

FISCAL/FINANCIAL IMPACT: The City Clerk position was budgeted for fiscal year 2023-24, including Ms. Schwartz’s new annual salary of $115,509.60 annually, which is Step E of the City’s current salary schedule for the position of City Clerk, plus estimated benefits of $40,428.36 calculated at 35% of salary (auto allowance, employer contribution to deferred compensation, employer contribution to pension, and insurance benefits).

Any increases in subsequent years will be applied through performance reviews and/or salary adjustments. At this time, funds are available to administer the terms of the amended and restated employment agreement.

DISCUSSION: The City Clerk is an essential member of the City's Executive Management Team and reports directly to the City Manager. The City Clerk’s Office is responsible for the preservation of, and accessibility to the official City records and legislative actions; administration and conduction of elections to ensure the integrity of the democratic process; providing support to the City Council, City staff and the public in a courteous, timely, and efficient manner.

The key terms and provisions of the proposed agreement for Donna G. Schwartz are:

1) Two-year term; 2) Annual Base Salary of $115,509.60 ($9,625.80 per month); 3) Car allowance in the amount of $400 per month; 4) Three (3) months’ severance if terminated (subject to the state law requirement that severance is limited to the monthly salary multiplied by the number of months left on the unexpired term of the contract); and 5) Same employment benefits as those currently provided to the City’s other department heads.

Ms. Schwartz is receiving a 5% salary increase. After 6 months, City Council will assess whether an additional 5% salary increase may be granted. For further information on the agreement between the City and Donna G. Schwartz, see Attachment B.

ATTACHMENT(S):

A. Resolution No. 24-118
B. City Clerk Agreement- D. Schwartz

ATTACHMENT A
RESOLUTION NO. 24-118

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
REAPPOINTING DONNA G. SCHWARTZ TO THE POSITION

OF CITY CLERK AND APPROVAL OF THE AMENDED AND

RESTATED CITY CLERK EMPLOYMENT AGREEMENT
WHEREAS, it is the desire of the City Manager of the City of South El Monte (hereinafter the "City Manager") to reappoint Donna G. Schwartz to serve in the position of City Clerk beginning on January 9th, 2024 and approve an amended and restated city clerk employment agreement; and
WHEREAS, pursuant to South El Monte Municipal Code section 2.64.030, appointment of City department heads “. . . shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, the position of City Clerk is the department head of the City Clerk Department; and
WHEREAS, pursuant to South El Monte Municipal Code section 2.64.030, City department heads hold employment “at and during the pleasure of the city manager”[;] and WHEREAS, on June 9, 2020, Ms. Schwartz and the City entered into the City Clerk Employment Agreement (“Original Agreement”) by which Ms. Schwartz was appointed to serve in the position of City Clerk for the City effective June 15, 2020; and WHEREAS, since the Original Agreement expired by its own terms on June 14, 2023, Ms.

Schwartz has continued to serve as City Clerk and Ms. Schwartz and the City have been negotiating the terms and conditions under which Ms. Schwartz would continue to provide City Clerk professional services to the City; and
WHEREAS, the City agrees that Ms. Schwartz continues to have the necessary qualifications and experience to perform as City Clerk; and WHEREAS, the City and Ms. Schwartz desire to enter into an amended and restated City Clerk employment agreement.

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

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference as though set forth in full.

SECTION 2. The City Council hereby consents to the appointment of Donna G. Schwartz as City Clerk pursuant to South El Monte Municipal Code section 2.64.030. The City Council authorizes the City Manager to execute the amended and restated employment agreement of Donna G. Schwartz as City Clerk in substantially the same form as the attached amended and restated employment agreement that is approved through this resolution by the City Council and subject to the City Attorney’s approval as to form.

SECTION 3. This resolution shall be effective immediately upon its adoption.

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.

ATTEST
Gloria Olmos, Mayor
Donna G. Schwartz, City Clerk

01257.0004/949505.1

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. 24-118 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: Councilmemeber(s):

NOES: Councilmember(s):

Donna G. Schwartz, City Clerk

01257.0004/942489.7

ATTACHMENT B

CITY OF SOUTH EL MONTE

AMENDED AND RESTATED

CITY CLERK EMPLOYMENT AGREEMENT
This City Clerk AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is entered into and made effective the 9th day of January 2024, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and Donna Schwartz, an individual (“Employee”).

R E C I T A L S
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, appointment of City department heads “. . . shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, the position of City Clerk is the department head of the City’s City Clerk Department; and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, City department heads hold employment “at and during the pleasure of the city manager[;]” and WHEREAS, on June 9, 2020, Employee and the City entered into the City Clerk Employment Agreement (“Original Agreement”) by which Employee was appointed to serve in the position of City Clerk for the City effective June 15, 2020; and WHEREAS, since the Original Agreement expired by its own terms on June 14, 2023, EMPLOYEE has continued to serve as City Clerk and Employee and the City have been negotiating the terms and conditions under which Employee would continue to provide City Clerk professional services to the City; and
WHEREAS, the Parties agree that Employee continues to have the necessary qualifications and experience to perform as City Clerk; and
WHEREAS, the duties of the City Clerk are set forth in Exhibit “A” to this Agreement; and
WHEREAS, the Parties now wish to enter into an Amended and Restated City Clerk Employment Agreement to establish the terms and conditions of Employee’s continued provision of City Clerk professional services to the City, including a five percent (5%) base salary increase for Employee.

WHEREAS, the Parties now wish to enter into an Amended and Restated City Clerk Employment Agreement to establish the terms and conditions of Employee’s continued provision of City Clerk professional services to the City, including a five percent (5%) base salary increase

01257.0004/942489.7
2 for Employee and to correctly reference that Employee is a CalPERS “new member” under PEPRA rather than a “classic member”.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

AGREEMENT

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City continues to employ Employee as City Clerk for the City to perform the functions and duties of the City Clerk position as set forth in Chapter 2.20 of the South El Monte Municipal Code and as described in Exhibit “A,” and to perform such other legally permissible and proper duties and functions as the City Manager shall, from time-to-time, direct or assign. The City reserves the right to adopt and/or amend the job description and functions and duties for the position of City Clerk, as it deems necessary and appropriate, without requiring Employee’s acquiescence or an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee’s ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of City Clerk will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:00 a.m. to 5:30 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus her professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of City Clerk.

1.4 Employment Status. Employee shall serve at the will and pleasure of the City Manager and understands that she shall be an “at-will” employee without recourse to bumping

01257.0004/942489.7
3 or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process predisciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.

1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Manager, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Classified Service. Employee understands, acknowledges and agrees that she is not included within the classified service of the City pursuant to South El Monte Municipal Code §2.64.010(H)(7).

1.7 FLSA Exempt Status. Employee acknowledges and agrees that her position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2.0 COMPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, commencing the first full pay period following the Effective Date of this Agreement Employee’s base compensation shall be Nine Thousand Six Hundred and Twenty Five dollars and Eighty Cents ($9,625.80) monthly (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

Following six (6) months of the Effective Date of this Agreement, the City Council will assess, in its sole discretion, whether an additional Salary increase is warranted. Any Salary increase shall be by written amendment to this Agreement, and provided the increased Salary is within the Council-approved salary range for the position of City Clerk such amendment may be approved by the City Manager.

2.2 Annual Salary Review. The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5.2. Following the annual performance review, the City Manager may increase Employee’s salary within the Council-approved salary range for the position of City Clerk. The City Manager and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

01257.0004/942489.7
4 2.3 Ratification of Compensation Paid. The prior employment agreement between EMPLOYEE and the CITY expired by its own terms on June 14, 2023. Between June 15, 2023 and the Effective Date, Employee continued to serve as City Clerk for the City and received compensation and benefits consistent with the terms of the Original Agreement. The City, by entering into this Agreement, ratifies all compensation and benefits paid to Employee between June 15, 2023 and the Effective Date.

3.0 TERM

3.1 Commencement & Effective Date. Employee commenced services as City Clerk on June 15, 2020. January 9, 2024 shall be deemed the effective date of this Agreement (“Effective Date”).

3.2 Term. The term of this Agreement commenced as of the Effective Date specified in Section 3.1 and shall automatically terminate on January 8, 2026, unless terminated prior to this date by either Party pursuant to Section 3.3 or 3.4 (“Term”).

3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Manager with at least thirty (30) days’ advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that she shall not be entitled to any severance pay.

3.4 Termination by City. The City Manager may terminate this Agreement at any time with or without cause, by providing written notice of the reason(s). The City Manager’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline or termination of the City’s employees. Employee expressly waives any rights provided for the City Clerk under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Clerk. Upon appointment to the City Clerk position, Employee shall be an at-will employee serving at the pleasure of the City Manager.
(a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated,

01257.0004/942489.7
5 willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by City Manager Without Cause. The City Manager may terminate Employee at any time without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that she shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay. In the event Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to her monthly base Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by three (3), less applicable deductions and excluding deferred compensation or the value of any other benefits. Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3.2 above, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

01257.0004/942489.7
6 5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City Clerk Department of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The City Manager may, at his/her sole discretion, review and evaluate the performance of Employee annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Manager’s consideration, no later than December 1 of each year of the term of this Agreement, Employee’s proposed annual performance goals and objectives and incorporate the City Manager’s suggestions. Such review and evaluation, if any, will be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

6.0 BENEFITS

6.1 Holiday. The City shall provide Employee with the following holidays with pay:

1. NewYear'sDay

2. Martin Luther King Day

3. Presidents' Day

4. Cesar Chavez Day (not observed holiday)

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee'sBirthday (not observed holiday)

13. Juneteenth Day (not observed holiday)
Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday are not observed holidays. Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three (3) floating holidays. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays

01257.0004/942489.7
7 shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.2 Administrative Leave. Employee will be granted 40 hours of administrative leave per fiscal year. Employee shall not accrue more than 40 hours of administrative leave. Employee shall not use less than one (1) hour of administrative leave at any one time. Administrative leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.3 Bereavement Leave. Employee shall be entitled to bereavement leave for a period not exceeding three (3) workdays for deaths within the Employee's immediate family. Immediate family is defined as any relative by blood or marriage who is a member of the Employee's household (under the same roof), and the Employee's spouse, registered domestic partner, parents or step-parents; spouse's parents or step-parents; brothers, step-brothers or half-brothers; sisters, step-sisters or half-sisters; Employee's grandparents; spouse's grandparents; grandchildren; aunts and uncles, in-laws, regardless of the residence of the deceased. For purposes of compliance with Government Code section 12945.7, Employee shall be entitled to two additional days of bereavement leave (totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days.

6.4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee i f s h e i s required to serve on jury duty, with compensation at Employee's existing pay rate. The Employee shall remit to the City any money paid to her by the court for jury service.

6.5 Health Benefits. The City, only while it participates in the California Public Employees' Retirement System Medical and Hospital Care Plan (“PERS Plan”), shall make the following contributions towards the cost of medical insurance for Employee: the City will contribute directly to PERS an amount to be applied to the applicable PERS Plan monthly premium.

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents (employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6.5 Employee shall instead receive a deferred compensation payment of $600 per month. To be eligible for the $600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

01257.0004/942489.7
8 6.7 Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and her eligible dependents.

6.8 Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee's annual salary, accidental death and dismemberment insurance equal to Employee 's annual salary, and long-term disability insurance equal to two-thirds of Employee's monthly salary. The long-term disability insurance plan shall provide a 30-day benefit exclusion and benefit payments until the age of 70 years.

6.9 California Public Employees' Retirement System (“CalPERS”).

Employee is a “PEPRA” local miscellaneous member, and accordingly is covered by the

2.0% @ 62 CalPERS retirement formula. Employee will pay the mandatory CalPERS contribution rate for “PEPRA” members as determined by CalPERS, which amount is currently 7.75%.

6.11 Retiree Health Benefits. Should Employee retire from the City as a CalPERS eligible retiree, the City will contribute an amount toward the CalPERS medical premium that is equal to the amount required under the City's resolution electing coverage under the Public Employees Medical and Hospital Care Act (“PEMHCA”), which is the minimum amount required by the PEMHCA. The City shall have no obligation to make such contribution in the event it no longer participates in the CalPERS medical and hospital care program. Provided that Employee has reached the minimum age of 50 years of age and retired from the City as a CalPERS eligible retiree, she shall continue to be eligible to participate in the City's group medical, dental and vision care plans until age 65, contingent upon the health provider's acceptance. The full cost of any insurance selected by the retiree shall be borne by the retiree. As long as the retiree is enrolled in an insurance plan her eligible dependents may also enroll in the insurance plans as provided above. The retiree and/or dependent shall pay any cost of dependent insurance benefits.

6.12 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee (including any advances previously provided under the Original Agreement) for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at her home to facilitate work production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $3,000, including any advances previously provided under the Original Agreement. Funds will be advanced only after the need for the equipment is verified and approved by the City Manager and a reimbursement agreement, approved by the City Attorney, is executed.

6.13 Reimbursement ForDamageToEmployeeVehicles. TheCity agrees to reimburse Employee in an amount not to exceed $200 per fiscal year for damages due to or caused by vandalism to Employee's vehicle while on City property during Employee's working hours. In order to be eligible for reimbursement, Employee must submit an incident report and a Sheriff’s report to the City Manager and Risk Manager regarding the incident causing the damage to the vehicle.

01257.0004/942489.7
9 6.14 Education Reimbursement. The City will reimburse Employee for the cost of all books and tuition incurred by Employee while attending an accredited educational institution for those courses directly related to the Employee's scope of employment or which are contained within an approved curriculum of study that is directly related to the Employee's scope of employment. Tuition shall be reimbursed at rates up to the tuition rates of the California State University system. The City will reimburse the Employee for all classes the Employee completes with a grade of "C" or better provided Employee: i) provides a list of classes to the City Manager prior to each quarter or semester; ii) provides to the City Manager verification of the cost for tuition and books; and iii) provides to the City Manager certification of completion upon completion of the course(s).

6.15 Vacation Leave.
(a) Employee may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until her balance of accrued but unused vacation leave is reduced below 320 hours. Upon a written administrative determination by the City Manager that work demands prevent Employee from using vacation time on a timely basis, the City Manager may permit Employee to exceed the maximum accrual cap by a specified amount and for a specified time, not to exceed 40 hours of vacation time and not to exceed a duration of 6 months. The City Manager may also require a plan designed to bring Employee back into compliance with vacation accrual limitations. It is the responsibility of Employee to arrange for timely use or, to the extent available, cash conversion of vacation time well in advance of reaching the maximum accrual limit.
(b) Employee shall not use less than one (1) hour of vacation leave at any one time. Vacation leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
(c) If Employee has accrued in excess of 250 hours, she may be paid for the excess vacation on a dollar-for-dollar basis twice per year at the end of the fiscal year or end of the calendar yearsubject to the following:

1. Employee must have taken minimum hours of vacation in the fiscal year so that at the end of the fiscal year the vacation accrual does not exceed 320 hours.

2. The payout must otherwise comply with any City rules and procedures pertaining to vacation leave cash out.

3. In the event vacation leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated vacation leave cash out procedures. (d) Employee shall be credited with vacation leave at the following rates based upon the length of service:

01257.0004/942489.7
10 1. Eight hours per month (accrued at the rate of four hours bi-weekly for 24 of the 26 pay periods annually) during the first five years of service;

2. Ten hours per month (accrued at the rate of five hours bi-weekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service;

3. Twelve hours per month (accrued at the rate of six hours bi-weekly for 24 of the 26 pay periods annually) during the 11th through 15th years of service; and

4. Thirteen hours per month (accrued at the rate of six and one-half hours bi-weekly for 24 of the 26 pay periods annually) during the 16th and following years of service.

6.16 SickLeave.
(a) Employee shall accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service.
(b) Employee may accrue an unlimited number of sick leave hours. Employee shall not use less than one (1) hour of sick leave at any one time. Sick leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. (c) If Employee accrues in excess of 330 hours, Employee may opt to be paid for up to 80 hours on a dollar for-dollar basis one-time per fiscal year during the payroll that includes March 31st. In the event sick leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated sick leave cash out procedures.
(d) Upon separation, Employee shall be eligible to receive monetary compensation for any unused sick leave based on the table below. Years of service shall be calculated based on the Employee's anniversary date.

Years of Service Value of Sick Leave
0-4 years 0%
5-10years 10%
11-15years 15%
16years and above 20%

01257.0004/942489.7
11 6.17 Deferred Compensation. City shall contribute $300.00 per month into a qualified 457 plan.

6.18 Cellular Phone. At no cost to Employee, City shall provide Employee with the use of a City-owned cellular phone. Employee shall reimburse City for all cell phone charges incurred for personal use not related to the performance of her job.

6.19 Automobile Allowance.
(a) City shall provide to Employee a monthly automobile allowance of $400. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation and interest.
(b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City-related use of such automobile. (c) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the insurance policy currently insuring Employee, and as a result of such requirement Employee's premium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance.

Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6.20 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City’s executive employees, including Employee and department heads, which may reduce the level of compensation (exclusive of Employee’s base salary) or benefits provided. In the event the level of compensation or benefits provided to Employee changes (whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

7.0 EXPENSE REIMBURSEMENT
The City recognizes that Employee may incur certain expenses of a non-personal and jobrelated nature in performance of the duties of the position of City Clerk. The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City’s normal expense approval and reimbursement procedures.

To be eligible for reimbursement, all expenses must be supported by an appropriate receipt

01257.0004/942489.7
12 therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.

9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City Manager Donna Schwartz
City of South El Monte [On file with Human Resources Dept.] 1415 Santa Anita Ave.

South El Monte, California 91733
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited

01257.0004/942489.7
13 to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9.8 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a

01257.0004/942489.7
14 crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “C”.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SOUTH EL MONTE
_______________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Rene Salas, City Manager
APPROVED AS TO FORM:
_____________________________
Anthony Taylor, City Attorney

EMPLOYEE
____________________________________
Donna Schwartz

01257.0004/942489.7
15 EXHIBIT “A”
The City Clerk, under the supervision of the City Manager, directs the operations of the City Clerk's Department, which includes maintaining the city's legislative history; administering municipal elections; ensuring compliance with the political reform act; preparing the legislative agendas and minutes; attending City Council Meetings; and administering the city's record management program.

EXAMPLE OF DUTIES
Duties may include, but are not limited to, the following:

A. Directs, plans, and manages the activities of the department including management and preservation of official City public documents and records; B. Prepares the annual departmental budget and establishes budget priorities; C. Establishes department goals and policies in accordance with the department’s mission and service level objectives;
D. Prioritizes and directs the implementation of these goals and objectives; E. Confers with the City Manager and City Council on department policies and programs; F. Coordinates activities with other City departments and outside agencies; G. Administers and conducts municipal elections;
H. Oversees compliance with the Political Reform Act and required filings; I. Coordinates and supervises the preparation of the City Council agenda and supporting reports for all City Council meetings;
J. Attends all City Council meetings and prepares official minutes of the meetings; K. Maintains the City’s legislative history, City Council-appointed boards and commissions program, the South El Monte Municipal Code;
L. Administers the City-wide Records Management Program; M. Responds to administrative or Council inquiries by preparing written reports, and/or making presentations and recommendations;
N. Attends and participates in staff meetings. Responds to inquiries from the media, citizens, and staff members. Researches and responds to citizen complaints; O. Provides advice to board and commission staff liaisons on the Brown Act, parliamentary procedures, and agenda and minutes preparation;
P. Oversees official publication of legal notices, ordinances and resolutions;

01257.0004/942489.7
16 Q. Selects, plans, evaluates and supervises the work of management, professional, technical and clerical staff;
R. Effectively review and revise reports prepared by others; S. Establish and maintain cooperative and effective working relationships with employees, administrative staff, the public, City Commissions and City Council; T. Keep abreast of current developments in Elections Law, the Government Code, City regulations and FPPC requirements and U.S. Postal regulations;
U. Prepare and present clear and concise oral and written reports and recommendations; and V. Performs other related duties as required.

EMPLOYMENT STANDARDS
Knowledge and Abilities:
➢ Direct the work of various functions within the department; ➢ Perform long and short-range planning to meet departmental goals and objectives; ➢ Analyze complex problems and develop sound solutions; ➢ Develop, implement, administer and maintain administrative policies, procedures, programs and regulations;
➢ Interpret and apply policies, laws, and regulations;
➢ Serve as a historical and legislative resource for the City Council, City administration, departmental staff and the public;
➢ Possess knowledge of State of California Government and Election Codes, Fair Political Practices Commission filing requirements, principles of records management, Municipal codes, ordinances and resolutions; and
➢ Budget development and management, management and supervisory principles and practices.

01257.0004/942489.7
EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of South El Monte, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Donna Schwartz, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will City Clerk effective June 15, 2020, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract.

On January 9, 2024, THE CITY and EMPLOYEE entered into an Amended and Restated Employment Agreement, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

EMPLOYEE is currently ___ years old.

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to her at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within ______ (__) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

01257.0004/942489.7
2 3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that she knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights she may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

01257.0004/942489.7
3 (a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims she currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights she may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of her own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that she should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, her counsel of choice, and that she does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following her execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

01257.0004/942489.7
4 6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.