Agenda packet, regular meeting — South El Monte City Council, February 13, 2024 (part 2 of 3)

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(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or subcontractor of Consultant, provides any information or work product in violation of this Agreement, City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ 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, requests for documents, interrogatories, requests for admission or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. 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

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provided by Consultant. However, City’s right to review does not imply or provide City with the right to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

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7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

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

7.8 Termination Prior to Expiration of Term.

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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 for 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.

If either party to this Agreement is required to initiate or defend or is 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.

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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 City’s 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 their financial interest or the financial interest of any corporation, partnership, or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, 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.

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Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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 and/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

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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 acknowledges and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

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

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

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

BEAR ELECTRICAL SOLUTIONS, INC., a
California corporations
By:

Name:

Title:

By:

Name:

Title:

Address: 1252 State Street
Alviso, CA 95002
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

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SANTA CLARA COUNTY
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.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant shall perform all services listed in the attached Request for Proposals (RFP) to provide Traffic Signal Maintenance Services in the City and will perform the following Services:

A. General Description
a. The Consultant shall provide routine preventive maintenance, scheduled repairs, and emergency repairs to traffic signals, traffic signal equipment, safety street lights, flashing beacons, speed feedback signs, in-pavement flashing crosswalk lights, and other related equipment by duly trained and qualified personnel.
b. The Consultant shall also perform Underground Service Alerts (USA) at the direction of the City. All preventive maintenance, scheduled repairs, and USA will be billed at an established flat rate, with additional emergency work/unscheduled repair paid at hourly labor rates and vehicle and equipment rates, in accordance with the Schedule of Compensation at Exhibit “C.”
c. An inability to provide routine preventive maintenance to each traffic signal, safety street light, speed feedback signs, in-pavement flashing crosswalk lights, and flashing beacon may cause the Consultant to be subject to liquidated damages.
d. The Consultant shall provide and maintain emergency service response for the City’s traffic signals, safety street lights, speed feedback signs, inpavement flashing crosswalk lights, and flashing beacons on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays. e. The Consultant must provide vehicle(s) to be used by the Consultant’s employees which shall be equipped with a permanently mounted arrow board; warning beacon/strobe lights; traffic cones; construction warning sign; a hydraulic bucket capable of reaching a height of at least twenty-eight (28) feet from the roadway surface; necessary computer laptop for programming, maintenance and testing of traffic signal controllers and various equipment; and communications equipment for dispatch. All of the Consultant’s employees working within the boundaries of the City shall be equipped with a communications device capable of appropriate communications for extended periods of time with the Consultant’s shop or with City staff.
f. The Consultant must possess, and have readily available in functioning order, all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to maintain and repair the traffic

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signals, safety street lights, flashing beacons, and speed feedback signs in the City in compliance with current Caltrans and County of Los Angeles standards and specifications. All excess materials and equipment in the Consultant’s inventory shall be the property and responsibility of the Consultant until such materials or equipment is used or installed in the City.

Please note that the Consultant purchases the equipment and installs them for the City. After installation, equipment becomes City property. g. The Consultant shall furnish temporary flashing beacons and other (portable) replacement equipment for non-operational traffic signals.

Consultant furnished temporary spare equipment shall be equivalent to the component being replaced in manufacture, make, and model. The Consultant shall provide traffic control/lane closures that conform to Federal Highway Administration (FHWA) – California Manual on Uniform Traffic Control Devices (CAMUTCD), as well as any other federal, state, and local regulations governing traffic controls/signals. h. The Consultant shall cooperate with the City in recalibrating traffic signal coordination timing and progression. The Consultant shall change the timing of traffic signal only upon the advance written approval of the City.

During emergency conditions, the Consultant shall fully cooperate with the City employees and other impacted agencies.

B. Maintenance Requirements
a. Preventative Maintenance
i. The Consultant shall provide a routine, comprehensive preventive maintenance program designed to minimize the incidence of outages and malfunction; reduce complaints; and extend the useful life of the traffic signal equipment. The Consultant will be required to furnish and use a preventive maintenance checklist form approved by the City. The Consultant shall provide one electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the checklist in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist at the Consultant’s office of records. The program shall include monthly inspections of each signalized intersection.
ii. At a minimum, the following shall be performed:

1. Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Depress all pedestrian push buttons and observe the proper timing and display.

2. Examine the functioning of the traffic signal controller in relation to the traffic.

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3. Observe and check for proper operation of the detector loops and amplifiers. Adjust or re-tune detector amplifiers and correct substandard splices as necessary. For intersections with video detection, verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller.

4. Inspect all relays, switches, and terminals, etc. and replace or make adjustments as necessary.

5. Check and adjust fan operation. Check the filter for tight fit and tape if required. Clean and vacuum the cabinet as
necessary. Examine cabinet interior for water, excessive dampness and plant or animal intrusion.

6. Inspect battery backup system (if the signal is equipped with such unit) to ensure unit is fully charged. Check all battery connections to ensure they are clean and secure.

7. Perform a night time check of safety lights and illuminated street name signs at all signalized intersections.
b. Scheduled Repair
The Consultant shall investigate and determine the corrective requirements for each reported malfunction, failure, or outage of the traffic signal system.

The equipment and components shall include, but are not limited to the following elements: Incandescent Lamps, Light Emitting Diode (LED) signal faces, Conflict Monitors, Internally Illuminated Street Name Sign Tubes, LED Illuminated Street Name Signs, Signal Safety Lights, Load Switches, Detector Amplifiers, Transfer Switches, Flasher Switches, Breaker Switches, Ballasts, Starters, Sockets, Fuses, Fuse Holders, Photoelectric Cells, Signal and Safety Light Wiring in Poles, etc.

Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.

This work shall be performed in accordance with the unit cost provided at Exhibit “C,” Schedule of Compensation. For any work not covered at Exhibit “C,” the Consultant shall submit a cost proposal to the City prior to performing any corrective work. The City reserves the right to furnish supplies, materials, and install equipment required for performance of the work.
c. Emergency Response Work

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01257.0006/959518.3 A-4
The City may request that the Consultant perform emergency response work on the traffic control system. The Consultant shall provide and maintain emergency service response on a twenty-four (24) hour a day, seven (7) days per week basis (24/7), including all holidays. This work shall be performed on a time and materials basis in accordance with the Schedule of Compensation at Exhibit “C.” Prior to rendering Services under this Agreement, the Consultant shall provide the City with a contact name and phone number of personnel responsible for 24/7 services. i. Emergency Response Work may include, but is not limited to the following:

1. Repairs to downed signal heads, poles, signal on flash, signal blackout, burned-out lamps, damaged controller and cabinet, damaged illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons,
electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.
ii. Equipment for Emergency Work

1. Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts. Whenever traffic signal equipment is removed or repaired, the City representative shall be notified by phone and email within twenty-four (24) hours.

2. The Consultant shall cover the cost of replacing any parts to the traffic signal system. The City shall reimburse the Consultant for materials used for repairs, in an amount equal to the cost of the materials including an agreed mark-up price.

3. Notify the City representative in advance of any traffic signal deactivations (by phone and email) that may be
required to provide the required services. Traffic signal deactivations shall not be scheduled without the written approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer.

4. The Consultant, at its own cost, shall place barricades, remove all debris, and properly dispose of all damaged
components.
d. Maintenance Records

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01257.0006/959518.3 A-5
Consultant shall create and maintain an inventory list of the equipment in the controller cabinet at each location. The inventory shall include the model, manufacturer, serial number, and quantity of each piece of equipment and installation date. The inventory list shall be continuously updated and a copy shall be furnished to the City upon City’s request in a Microsoft Excel spreadsheet.

Consultant shall maintain a copy of the Preventive Maintenance Inspection Form, previously approved by the City, at each intersection. The checklist shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).

A printout of the signal control database shall be kept in each controller cabinet. Timing changes shall be indicated on the printout. Only the City’s representative shall authorize timing changes except that the Consultant may make changes required on a temporary basis due to maintenance operations or to maintain a satisfactory signal operation when there is a detection failure. Said changes shall be promptly reported to the City by the Consultant.
e. Monthly Activity Report
The Consultant shall provide a computerized monthly activity report to the City by the fifteenth (15th) working day of each month for the previous month’s activities. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by email and attached to the monthly invoice. No payment will be made without submittal of the report. The report shall include:
i. Preventive Maintenance: Time and date the preventive maintenance was performed.
ii. Scheduled Repairs: A complete record of all work that was performed on the traffic signal equipment during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each intersection.
iii. Emergency Response Work: Time the service calls were received, time arrived at the intersection, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to accident or vandalism, and a special listing of intersections with three or more calls in one month. f. Response and Service

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01257.0006/959518.3 A-6
The Consultant shall provide response and service on a twenty-four (24) hour, seven (7) day per week basis. Immediate action shall be taken to safeguard the public any time a signal installation becomes partly or totally inoperative from any cause whatsoever. Prior to beginning any work pursuant to this Agreement, the Consultant shall provide the City with a contact name and phone number of personnel responsible for 24/7 services.

The maximum response times shall be as follows:
i. Emergency and accident maintenance – one (1) hour
ii. Replacement of burned out signal faces – two (2) hours iii. All other signal maintenance – twenty-four (24) hours iv. Safety Lighting (e.g., traffic lights, including lights on top of the signal pole) – twenty-four (24) hours
v. Illuminated Street Name Signs – forty-eight (48) hours A traffic signal on flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency.

The City may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition poses no immediate hazard to the public.

Failure to meet the response time requirements by the Consultant shall be sufficient cause for the City to authorize maintenance to be completed by others and deduct the costs of said maintenance from payments due to the Consultant. Repetitive failure to meet response times shall be deemed sufficient cause for the City to terminate the contract. g. Signal Shut Down and Signal on Flash
The Consultant shall immediately notify the City’s Public Works Department, LA County Sheriff Department, and LA County Fire Department of any signal turn-offs or signal on flash necessitated by their operation. Signal shut down of any duration and signal on flash operation in excess of fifteen (15) minutes must be first authorized by the Public Works Department.
h. Spare Equipment
The Consultant shall maintain adequate storage and shop facilities and sufficient stock of spare parts and signal equipment to affect maintenance to the signals. The Consultant shall maintain at least one fully tested standby controller that is compatible with the City’s system. The Consultant will own and maintain all spare parts until installation in the City.

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01257.0006/959518.3 A-7
i. Salvaged Equipment
The Consultant shall deliver any salvaged or salvageable equipment or material to the location in the City as directed by the Public Works Department. Any material or equipment declared non-salvageable by the Public Works Department shall be taken from the City and disposed of properly by the Consultant and Consultant’s cost. Components such as mast arms and luminaries that are undamaged may be reused at the direction of the City.
j. New Traffic Signals
The Consultant shall maintain new traffic signals, safety lights, speed feedback signs, in-pavement flashing crosswalk lights, flashing beacons, and appurtenant devices as they are being installed, or become a part of the maintenance requirements of the City. As requested by the City, the Consultant shall provide support and review of new traffic signal turn-ons. k. Other Devices
The Consultant will be required to maintain any additional beacons, speed feedback signs, in-pavement flashing crosswalk lights, and appurtenant devices as they are installed in the City.

The maintenance of flashing beacons, flashing crosswalks, and speed feedback signs will be conducted on an as needed basis and with the City’s prior authorization.

The maintenance and inspection of flashing beacons, flashing crosswalks, and electronic speed feedback signs shall include, but not limited to:
i. Clean cabinet inside and outside, and remove any foreign material. ii. Check power supply voltage, solar equipment, and replace any batteries as needed.
iii. Check settings for on/off timing, flashing rate, flashing duration, and time of day.
iv. Maintain all digital time clocks to National Institute of Standards and Technology (NIST) of the U.S. Department of Commerce time. v. Inspect each pole, head, traffic control sign, etc., and remove foreign material.
vi. Special attention shall be given to update Holidays, Daylight Savings Time, and shut-down periods.

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01257.0006/959518.3 A-8
vii. Replace damaged or malfunctioning lamps, LED indications, inroad warning lights (IRWL), detection bollards, and pressure pads meeting manufacturer’s specifications with prior approval by the Director of Public Works or their designee.

C. Underground Service Alert (Dig Alert) Monitoring
The Consultant will be required to adequately mark all traffic signal conduits, traffic signal interconnect/communication lines, and equipment as well as street lights on behalf of the City in accordance with the California Government Code Section 4216 et seq. The City’s designated representative will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to a representative of the Consultant to coordinate the markings of any signalized intersections that may be scheduled for construction work or excavations as evidenced by notification from USA. The Consultant shall establish a process for monitoring and tracking the marking of any affected intersections; an Intersection Record Log shall be created, with the USA notification and corresponding action noted in the controller, with a copy provided to the City. The Consultant shall assume all liability for satisfying the City’s obligations to adequately identify underground structures in accordance with this law.

Compensation for providing USA –Dig Alert services identified above will be paid at a flat rate per occurrence in accordance with the Schedule of Compensation at Exhibit “C.”.

D. Working Day
The Consultant’s working day activities for preventive maintenance and scheduled repairs shall be limited to the hours of 7:00 AM and 5:30 PM, Monday through Thursday, excluding designated City holidays. Deviations from normal working hours will not be allowed without prior written consent of the City.

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

A. Consultant shall create and maintain an inventory list of the equipment in the controller cabinet at each location. The inventory shall include the model, manufacturer, serial number, and quantity of each piece of equipment and installation date. The inventory list shall be continuously updated and a copy shall be furnished to the City every four (4) months in a Microsoft Excel spreadsheet or at the request of the City.

B. The Consultant shall provide a computerized monthly activity report to the City by the fifteenth (15th) working day of each month for the previous month’s activities.

The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail and attached to the monthly invoice.

No payment will be made without submittal of the report. The report shall include:

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01257.0006/959518.3 A-9
a. Preventive Maintenance: Time and date the preventive maintenance was performed.
b. Scheduled Repairs: A complete record of all work that was performed on the traffic signal equipment during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each intersection. c. Emergency Response Work: Time the service calls were received, time arrived at the intersection, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to accident or vandalism, and a special listing of intersections with three or more calls in one month.

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

A. Consultant shall provided additional status reports upon City’s request.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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

A. Brent Paulson, VP of Operations
B. Robert Asuncion, TE, VP of Sales/Traffic Engineer
C. Kyle Nasser-Reis, Project Manager
D. Ralph Murillo, Field Superintendent
E. David A. Vasquez, Fiber Optics Sr. Technician

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01257.0006/959518.3 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.

None.

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01257.0006/959518.3 C-1
EXHIBIT “C”

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

FLAT RATE MAINTENANCE SCHEDULE
Description Quantity Unit Unit
Price
Total Annual
Amount
Preventative Maintenance (Traffic
Signal System: Includes safety
lights & illuminated street name
signs)
25 Per intersection $85.00 $2,125.00
Preventative Maintenance (Speed
Feedback Signs)
4 Per Location $25.00 $100.00
Underground Service Alert—USA
(Dig Alert Service)
N/A Per Occurrence $75.00 $75.00
Total $2,300.00

SCHEDULED REPAIR SERVICES
Description Unit Unit Price
Replace Type A Detector Loop (1
to 4 loops)
Per Loop $800.00
Replace Type A Detector Loop (5
or more loops)
Per Loop $650.00
Replace Type D Detector Loop (1
to 4 loops)
Per Loop $800.00
Replace Type D Detector Loop (5
or more loops)
Per Loop $650.00
Replace Video Detection Unit Per Unit $6,000.00
Vehicular LED Face Replacement Per Face $125.00
Pedestrian LED Face Replacement Per Face $230.00

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01257.0006/959518.3 C-2
Replace Pedestrian Push Button Per Button $105.00

EMERGENCY RESPONSE SERVICES
Position Hourly Straight
Time
Hourly Overtime
Electrician Foreman (IMSA Level
3, supervisorial role leading crew
of 2 or more for specific work task
$145.00 $205.00
Electrician Journeyman (IMSA
Level 2 Technician)
$130.00 $170.00
Traffic Signal Technician (IMSA
Level 2 Technician performs basic
repairs)
$125.00 $165.00
Sound and Communication
Technician (Interconnect, fiber,
low voltage work performs cable
splicing/fusion/testing)
$135.00 $175.00
Laboratory Technician (IMSA
Bench certified performing off-site
testing and repair of electrical
components)
$135.00 $175.00
Operator (Operates heavy
equipment, crane)
$130.00 $170.00
Laborer (Utility underground work
digging, general labor work
directed by foreman)
$95.00 $135.00

EMERGENCY RESPONSE SERVICES CONTINUED
Description Unit Unit Price
Personnel Vehicle Per Hour $25.00
Pickup Truck Per Hour $25.00

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01257.0006/959518.3 C-3
Service Truck Per Hour $35.00
Service/Ladder Truck Per Hour $35.00
Boom/Ladder Truck Per Hour $65.00
Crane Truck Per Hour $250.00
Altec/Tesla Truck Per Hour $125.00
Concrete Slaw Per Hour $10.00
Paint Rig Truck Per Hour $35.00
Air Compressor Per Hour $5.00
Water Truck Per Hour $15.00
Total Annual Not-to-Exceed Amount $52,500.00
Total Contract Sum $157,500.00
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.

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01257.0006/959518.3 C-4
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

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01257.0006/959518.3 D-1
EXHIBIT “D”

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

Preventative Maintenance
Consultant shall provide monthly inspections of each signalized intersection.

Scheduled Repair
Consultant shall perform this service on an on-call basis as set forth in Exhibit A.

A. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion.

All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Consultant must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”); explain how the cost was determined; and a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.

C. Contract Officer shall in writing approve, modify or reject the Task Proposal.

D. City and Consultant may reach a mutually agreed-upon completion date for the Task Proposal depending on the tasks and the City’s requirements.

E. Contract Officer may issue a Notice to Proceed in the event City and Consultant cannot reach a mutually agreed-upon completion date for the Task Proposal.

F. The task shall be performed at a cost not to exceed the Task Budget.

G. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date.

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01257.0006/959518.3 D-2
Underground Service Alert (Dig Alert) Monitoring
Consultant shall perform this service on an on-call basis as set forth in Exhibit A.

A. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion.

All tasks shall be carried out in conformity with all provisions of this Agreement.

C. Contract Officer shall in writing approve, modify or reject the Task Proposal.

D. City and Consultant may reach a mutually agreed-upon completion date for the Task Proposal depending on the tasks and the City’s requirements.

E. Contract Officer may issue a Notice to Proceed in the event City and Consultant cannot reach a mutually agreed-upon completion date for the Task Proposal.

F. The task shall be performed at a cost not to exceed the Task Budget.

G. Consultant shall complete the task and deliver all deliverables to Contract Officer by the Task Completion Date.

Emergency Work
Consultant shall provide and maintain emergency service response of the City’s traffic signals, safety street lights, speed feedback signs, in-pavement flashing crosswalk lights, and flashing beacons on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.

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

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01257.0006/959518.3 D-3
A. Consultant shall create and maintain an inventory list of the equipment in the controller cabinet at each location. The inventory shall include the model, manufacturer, serial number, and quantity of each piece of equipment and installation date. The inventory list shall be continuously updated and a copy shall be furnished to the City every four (4) months in a Microsoft Excel spreadsheet.

B. The Consultant shall provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month’s activities. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail and attached to the monthly invoice.

No payment will be made without submittal of the report. The report shall include:
a. Preventive Maintenance: Time and date the preventive maintenance was performed.
b. Scheduled Repairs: A complete record of all work that was performed on the traffic signal equipment during the previous month including the date and time, make, model, and serial number of any major components or other equipment that was newly installed at each intersection. c. Emergency Response Work: Time the service calls were received, time arrived at the intersection, the response time, nature of the problem, the number of hours spent for each repair, materials used, whether the activity is related to accident or vandalism, and a special listing of intersections with three or more calls in one month.

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

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RFP, Traffic Signal Maintenance Services, City of South El Monte, California RFP, Page 14 • 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.

11.FEE ESTIMATE PROPOSAL SUBMITTAL
The Contractor shall provide a Cost Proposal for the following items:
• Preventive Maintenance – Total Annual Amount
• Emergency Response Work – Hourly labor rate and overtime labor rate; vehicle and equipment fee schedule; material mark-up rate
• Underground Service Alert – Rate per occurrence
The Contractor shall submit its fees by completing the below forms, to be considered responsive.

COST PROPOSAL SCHEDULE “A”

FLAT RATE MAINTENANCE SCHEDULE
Item Description Quantity Unit Unit
Price
Total Annual
Amount
I. Preventive Maintenance
(Traffic Signal System: includes
safety lights & illuminated street
name signs) 25 Per Intersection $_______ $___________
II. Preventive Maintenance
(Speed Feedback Signs) 4 Per Location $_______ $___________ III. Underground Service Alert – USA
(Dig Alert Service) Per USA $_______ $___________
Special Note: The flat rate fee represents total compensation for all labor, material, equipment, and vehicles necessary to provide the corresponding tasks.

TOTAL PROPOSAL ITEMS (I, II, III) $___________

85.00 25.00

75.00 2,125.00
100.00

75.00 2,300.00

ATTACHMENT C

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RFP, Traffic Signal Maintenance Services, City of South El Monte, California RFP, Page 15 COST PROPOSAL SCHEDULE “B”

SCHEDULED REPAIR SERVICES
Item No. Description Unit Price

1. Replace Type A Detector Loop (1 to 4 loops) $_______ Per Loop

2. Replace Type A Detector Loop (5 or more 4 loops) $_______ Per Loop

3. Replace Type D Detector Loop (1 to 4 loops) $_______ Per Loop

4. Replace Type D Detector Loop (5 or more loops) $_______ Per Loop

5. Replace Video Detection Unit $_______ Per Unit

6. Vehicular LED Face Replacement $_______ Per Face

7. Pedestrian LED Face Replacement $_______ Per Face

8. Replace Pedestrian Push Button $_______ Per Button
Special Note: The unit price represents total compensation for all labor, material, equipment, and vehicles necessary to complete the corresponding task. For any work not listed on Schedule B, the Contractor shall submit a cost proposal to the City prior to performing the work.

COST PROPOSAL SCHEDULE “C”

EMERGENCY RESPONSE SERVICES
List the position titles and responsibilities of personnel that will be providing emergency response services to the City per this RFP.

PERSONNEL
Position Hourly Straight Time Hourly Overtime
Title:

Description:
$_________________ $_____________
Title:

Description:
$_________________ $_____________
800.00
650.00
800.00
650.00
6,000.00
125.00
230.00
105.00
Electrician Foreman
Electrician Journeyman
Traffic Signal Technician
Sound and Communication Technician
Laboratory Technician
145.00 205.00
130.00 170.00
125.00 165.00
135.00 175.00
135.00 175.00
IMSA Level 3, supervisoral role leading
IMSA Level 2 Technician
performs basic repairs
IMSA Level 2 Technician
crew of 2 or more for specific work task.

IMSA Bench certified performing
off-site testing and repair of electrical components
Interconnect, fiber, low voltage work
performs cable splicing/ fusion/ testing

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RFP, Traffic Signal Maintenance Services, City of South El Monte, California RFP, Page 16 Title:

Description:
$_________________ $_____________
Title:

Description:
$_________________ $_____________
COST PROPOSAL SCHEDULE “C”

EMERGENCY RESPONSE SERVICES

CONTINUED

VEHICLES AND EQUIPMENT
The vehicles and equipment listed hereon may not accurately reflect the rolling stock used by your firm. For those vehicles and equipment that are not used by your firm, cross out and mark as “N/A” to indicate that the vehicle or equipment is not available or necessary for the emergency response services requested in this RFP.

Personnel Vehicle $__________________ Per Hour
Pickup Truck $__________________ Per Hour
Service Truck $__________________ Per Hour
Service/Ladder Truck $__________________ Per Hour
Boom/Ladder Truck $__________________ Per Hour
Crane Truck $__________________ Per Hour
Altec/Tesla Truck $__________________ Per Hour
Concrete Saw $__________________ Per Hour
Paint Rig Truck $__________________ Per Hour
Air Compressor $__________________ Per Hour
Water Truck $__________________ Per Hour
______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour ______________________________________ $__________________ Per Hour Any equipment not listed will be paid per current Caltrans equipment rates. The City will pay a Operator 130.00 170.00
Operates heavy equipment, crane
Laborer 95.00 135.00
Utility underground work digging,
general labor work directed by foreman

25.00 25.00

35.00 35.00

65.00 250.00
125.00

10.00 5.00

15.00 35.00

Page 179 of 406 ends

RFP, Traffic Signal Maintenance Services, City of South El Monte, California RFP, Page 17 maximum travel time of one hour in each direction.

MATERIAL MARK-UP
Material mark-up will not exceed _______% of supplier’s invoice price (cost) that will be furnished to the City in any cost proposal for emergency response work.

15.0

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

DATE: February 13, 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 SOLICIT

REQUEST FOR PROPOSALS (RFP) FOR CURB ADDRESS

NUMBER PAINTING SERVICES
SUMMARY: Staff seeks City Council approval to publish a Request for Proposals (RFP) for Curb Address Number Painting Services.

RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified consultants to provide Curb Address Number Painting Services.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Staff will prepare a report with findings and recommendations for consideration and approval by City Council. Funds designated for these services will be funded by Measure M.

DISCUSSION: The City last issued a Request for Proposals for Curb Address Number Painting Services in 2018. Since then, no official services have been provided to residents or businesses. The curb address numbers deteriorate throughout the year due to adverse weather conditions, affecting their visibility and hindering the ability to distinguish addresses from one another.

Reintroducing these services not only addresses a longstanding need but also brings about the following benefits:

1. Enhanced Visibility: Curb numbers make addresses more easily identifiable for City staff, residents, businesses, delivery drivers, and emergency responders.

2. Improved Navigation: Clear and visible curb numbers facilitate better navigation within the city, aiding both locals and visitors.

3. Efficient Emergency Response: Quick and accurate identification of addresses helps emergency responders respond more efficiently during critical situations.

4. Delivery Accuracy: Delivery drivers can easily locate destinations, ensuring accurate and timely deliveries.

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5. City Beautification: The addition of curb numbers contributes to the overall beautification of the cityscape, enhancing its aesthetic appeal.

6. Community Safety: Clearly marked addresses contribute to community safety by reducing confusion and improving communication during emergencies.

7. Public Services Optimization: City services and maintenance activities can be more effectively directed and optimized with clearly marked curb numbers.

The Request for Proposals for Curb Address Number Painting Services will seek proposals from qualified consultants to provide curb number painting services to paint residential and business curb number addresses throughout the City. The selected consultant will be responsible for removing old paint; painting a new white rectangular background on the curb face; applying black numerals on the curb face that coincide with the address of the property; and sweeping up and collecting debris for proper disposal.

Based on census data, there are at least 5,012 households and 3,000 businesses in the City. The selected consultant will be responsible for painting all residential and business curb number addresses within the City.

Staff seeks City Council approval to issue a Request for Proposals (RFP) for Curb Address Number Painting Services. If approved, the RFP will be released on February 14, 2024, and responses to the RFP will be due no later than March 13, 2024, at 2:00 p.m. After staff conducts a thorough review process, the list of bidders and the recommended consultant will be presented at an upcoming City Council meeting for approval.

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

ATTACHMENT(S):

A. RFP for Curb Address Number Painting Services

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REQUEST FOR PROPOSALS
(RFP) TO PROVIDE CURB

ADDRESS NUMBER

PAINTING SERVICES IN THE

CITY OF SOUTH EL MONTE,

CALIFORNIA
February 14, 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
Andrés González
Senior Public Works Analyst
[email protected]

PRE-PROPOSAL MEETING
None

PROPOSAL DUE DATE
March 13, 2024; 2:00 PM

Page 183 of 406 ends

RFP to Provide Curb Address Number Painting Services Table of Contents Table of Contents

1. General Information 4

2. Project Description 4

3. RFP Schedule 5

4. Scope of Services 5

5. Key Personnel 5

6. City’s Standard Professional Services Agreement 5

7. Insurance Coverage Limits and Requirements 6

8. Consultant Selection Methodology 6

9. Prevailing Wage Rates 7

10. Contract Award 7

11. Required Format for Technical Proposal Submittal 7

12. Fee Estimate Proposal Submittal 8

13. Questions Regarding This RFP 9

14. Proposal Submittal Protocol 9

15. Pre-Contractual Expenses In Responding To The RFP Preparation 9 Attachments:

Attachment A – Scope of Work – Implementation of Curb Address Number Painting SERVICES Attachment B – Schedule of Compensation
Attachment C – Affidavit of Non-Collusion
Attachment D – Claims History
Attachment E – Special Requirements
Attachment F – Sample Professional Services Agreement

Page 184 of 406 ends

RFP to Provide Curb Address Number Painting Services Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE CURB ADDRESS

NUMBER PAINTING SERVICES IN

THE CITY OF SOUTH EL MONTE,

CALIFORNIA
To interested and qualified Consultants:

The City of South El Monte is soliciting proposals from qualified firms to Curb Address Number Painting Services. The City is releasing this Request for Proposals (RFP) to identify the most qualified consultant to provide Curb Address Number Painting Services in the City of South El Monte.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit two (2) hard copies and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, March 13, 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):

Andrés González
Senior Public Works Analyst
[email protected]
Late proposals will not be accepted.

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

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REQUEST FOR PROPOSALS (RFP)

TO PROVIDE CURB ADDRESS

NUMBER PAINTING SERVICES IN

THE CITY OF SOUTH EL MONTE,

CALIFORNIA
February 14, 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 is requesting the services of a professional firm to provide Curb Address Number Painting Services.

2. PROJECT DESCRIPTION
The objective of this RFP solicitation is to identify the most qualified, responsive, and responsible firm to provide Curb Address Number Painting Services for the City of South El Monte. The City wishes to obtain Curb Address Number Painting Services under a Professional Service Agreement The City will award no more than one contract on a notto-exceed basis.

The Curb Number Address Painting Services cover a variety of tasks, which include but are not limited to:

1. Scraping off old, loose paint from existing curb addresses.

2. Painting a new white rectangular background on the curb face.

3. Applying black numerals to the curb face, consistent with the United States Postal Service (USPS).

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4. Sweeping up and collecting debris for proper disposal.

The Consultant is responsible for preparing comprehensive bid documents for the final curb number painting services. These documents should include detailed descriptions of the services, associated fees, and a well-structured proposal. Furthermore, the Consultant is expected to execute the curb number painting services for the City in accordance with the outlined scope of services.

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

Request for Proposals Posted and Issued Wednesday, February 14, 2024 Non-Mandatory Pre-Proposal Meeting None
Questions Submittal Deadline Thursday February 29, 2024, by 2:00 PM Addendum (if necessary to Respond to
Questions
March 7, 2024
Deadline for Receipt of Proposals (RFP
Due Date)
Wednesday March 13, 2024,
2:00 PM
Evaluation of proposals March 2024
Final Consultant Selection March/April 2024
Contract Awarded by City Council (tentative) April 2024

4. SCOPE OF SERVICES
Please see Attachment A

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. CIT Y’S ST ANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment F.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments or changes that they would like

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the City to consider. The City Attorney’s Office will review any comment received and make a final decision if all or part or any of such comments may be considered.

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

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

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

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

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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 detailed project schedule. Use April 2024 as the start date of City’s Notice to Proceed with the project. 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 primary consulting firm and sub-consultants. The Consultant is required to possess at least four (4) years of direct experience in delivering curb address number painting services at a city of a similar size.

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

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

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 or changes 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 C - Affidavit of Non-Collusion
• Attachment D - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

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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:

Andrés González
Senior Public Works Analyst
[email protected]
Questions regarding this proposal shall be submitted via email by the deadline identified on RFP Schedule. In response to all questions received by this date, City will issue an Addendum by the deadline identified on RFP Schedule. The addendum will be published on the City website. Contractors are responsible for downloading and acknowledging any addenda from the City website from the following address:
https://www.cityofsouthelmonte.org/Bids.aspx

14.PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit two (2) copies and one (1) electronic copy (pdf) of their Proposals no later than 2:00 PM, March 13, 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
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 or on 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

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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; or ▪ 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 Scope of Work – Curb Address Number Painting Services Attachment B Schedule of Compensation
Attachment C Affidavit of Non-Collusion
Attachment D Claims History
Attachment E Special Requirements
Attachment F Sample Professional Services Agreement

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ATTACHMENT A

SCOPE OF WORK
I. Consultant will perform the following Curb Number Address Painting Services a. Remove Old Paint
• Consultant shall remove old, loose paint off existing curb address. b. Paint and Apply Black Numerals
• The painted numbers shall conform to city specifications as to size and form, and the quality and type of paint to be used. The numbers shall be black, four inches tall, on a white reflectorized background and must coincide with the address of the property.

Background shall be at least one inch larger than all lettering c. Notification
• The selected consultant must notify residents at least twenty-four (24) hours prior to the curb address painting service by receiving a door hanger indicating the specific details of the upcoming service in both English, Spanish and Chinese translation. • All representatives of the selected organization who work in public must wear a photographic identification badge that is approved by the City. d. Clean-up
• Consultant shall sweep up and collect debris for proper disposal.

All of Consultant's performance or work shall be subject to the following requirements:

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

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

IV. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
• The selected consultant must respond within a reasonable time frame to complaints, and correct errors within seventy-two (72) hours/three (3) working days of being given such notice.

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

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ATTACHMENT B

SCHEDULE OF COMPENSATION
In compliance with the City of South El Monte' s Request for Proposal to provide Curb Number Address Painting Services at the City, the consultant proposes to perform the services for the following fees, inclusive of all costs (including all overhead, materials, equipment, hourly labor rate, and all other miscellaneous direct and indirect costs):

Based on census data, there are at least 5,012 households and 3,000 business locations in the City I. Cost
Curb Number Address Painting Service _ __________ Per address Total Cost _________________________
II. 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 services performed describing the work performed. b. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
c. Expenses. These rates are inclusive of all expenses. Contractor shall bear all other out-ofpocket expenses, or any other costs related to the performance of services pursuant to this Agreement and shall not seek reimbursement of such expenses from City.

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ATTACHMENT C

AFFIDAVIT OF NON-COLLUSION
I state that I am the ________________________________ (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 I and _ (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:

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ATTACHMENT D

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past ten (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.

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ATTACHMENT E

SPECIAL REQUIREMENTS
Insurance required under this Agreement shall be:

1. Commercial 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, and $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

2. Automobile Liability 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.

3. Professional Liability Insurance (Errors & Omissions). 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.

4. Workers' Compensation and Employer' s Liability Insurance Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance in the minimum amount of $1,000,000.

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ATTACHMENT F

SAMPLE PROFESSIONAL SERVICES AGREEMENT

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

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professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.5 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.

1.6 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 the manner in which 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 involves work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions thereupon existing, prior to the 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 City’s Contract Officer.

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1.7 Care of Work.

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

1.8 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 services of the other.

1.9 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 of this Agreement or make changes including, altering, adding to, or deducting from said Scope of Services. No such extra work may be undertaken unless a written order is first given by the City’s 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 of this Agreement. 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.

1.10 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.

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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 1.9.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the City’s 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.

Consultant acknowledges and agrees that coordination of its performance of work with City is a critical component of the services rendered. Consultant further acknowledges and agrees that 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 the City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this 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 subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, 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 the City’s “warrant run

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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

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 City’s 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

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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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

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

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

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4.3 Contract Officer.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no decision-making authority in regards to the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing of their numbers, 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 said 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

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present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, and $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, nonowned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability Insurance (Errors & Omissions). 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 in the minimum amount of $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 as detailed in Exhibit “B.”

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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 the City’s Risk Manager prior to the commencement of the performance of services of this Agreement. 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, from Consultant, 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 performed hereunder by Consultant, its agents, representatives, employees, or subconsultants. (c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any insurance policy 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 either be promptly reimbursed by Consultant or the City will withhold payment amounts sufficient to pay the insurance premium from Consultant payments. In the alternative, the City may terminate this Agreement in its entirety.
(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

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Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day advance notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved 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 a 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 timely submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement 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,

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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.

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

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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.

6.2 Reports.

6.3 Ownership of Documents.

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be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

7.2 Disputes; Default.

7.3 Retention of Funds.

7.4 Waiver.

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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.

7.6 Legal Action.

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 for 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

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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 for 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.

7.10 Attorneys’ Fees.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

8.2 Conflict of Interest.

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avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

8.3 Covenant Against Discrimination.

8.4 Unauthorized Aliens.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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.

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9.2 Interpretation.

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.

9.5 Severability.

9.6 Warranty & Representation of Non-Collusion.

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employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is acknowledges 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.

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

CITY:

CITY OF SOUTH EL MONTE, a municipal corporation
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.

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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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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EXHIBIT “A”

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

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

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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

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EXHIBIT “B”

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

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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.

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

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

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

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

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

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

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

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EXHIBIT “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.

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

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

NOTICE INVITING BIDS (NIB) FOR TRAFFIC SIGNAL

IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE

AVE & PECK RD - MICHAEL HUNT DRIVE
SUMMARY: Staff seeks City Council approval to advertise for construction bids for Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Drive.

RECOMMENDED ACTION: Staff recommends City Council approve the construction bid package to solicit bids for Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Drive.

FISCAL/FINANCIAL IMPACT: The City received $653,000 from Caltrans through the Highway Safety Improvements Program (HSIP) program, Cycle 10, for design and construction of the proposed project. The design and construction phases of the project is 100% funded through the HSIP program. There is no local match requirement for the project. Staff will return to City Council to establish a final construction budget after construction bids are received.

DISCUSSION: The Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr includes traffic safety improvements including installation of protected left turn phasing (including new signal poles) at Lee Ave. and Garvey Ave. on both east and westbound approaches, as well as, the installation of new signal hardware (lenses, back-plates with retroreflective borders, mounting, size and number), new pedestrian countdown signal heads and audible push buttons at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr. The project improvements will involve a total of two (2) signalized intersections throughout the City.

On October 25, 2022, the City Council authorized staff to issue an RFP for Design Services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr.

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On January 24, 2023, the City Council awarded a professional services agreement (PSA) to Kimley-Horn and Associates, Inc. for design services for Traffic Signal Improvements at Lee Ave. & Garvey Ave. and Durfee Ave. & Peck Rd. - Michael Hunt Dr.

In February 2024, Kimley-Horn and Associates, Inc. completed the design phase for the subject project, and the City staff coordinated the necessary approvals with Caltrans to proceed with the construction phase of the project.

The project involves long lead time material procurement (traffic signal poles). The construction is anticipated to be completed in early 2025.

Staff recommends City Council approve the construction bid package to solicit bids for Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Drive.

ATTACHMENT(S):

A. (SEM) Notice Inviting Bids re Traffic Signal Project

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City of South El Monte City Project No.: 296
01257.0006/960581.1 NOTICE INVITING BIDS NIB-1

NOTICE INVITING SEALED BIDS
FOR
Traffic Signal Improvements at
Lee Avenue & Garvey Avenue and Durfee Avenue & Peck Road Caltrans Project No.: HSIPL-5352(021)
City Project No.: 296
NOTICE IS HEREBY GIVEN that the City of South El Monte, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, 1415 N.

Santa Anita Avenue, South El Monte, California 91733 up to 2:00 PM on March 13, 2024, at which time they will be publicly opened and read aloud.

SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. The project involves construction of traffic signals, street lighting, roadway signing/striping, and road improvements. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.

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

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

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

2. Hard copies will not be mailed.

TIME OF COMPLETION. The Contractor shall complete all work within 160 working days (including long lead time material procurement) of the issuance of the Notice to Proceed. See Section IB. Instructions to Bidders, “Construction Schedule, Progress of Work, Liquidated Damages” for project schedule.

ESTIMATED COST OF WORK. Estimated cost is $450,000.

MANDATORY PRE-BID MEETING AND SITE VISIT. None held.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in

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City of South El Monte City Project No.: 296
01257.0006/960581.1 NOTICE INVITING BIDS NIB-2
accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.

This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business license.

RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

LIQUIDATED DAMAGES. Liquidated damages is $250 per calendar day.

BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

If there are any questions regarding this project, please contact in writing via e-mail:

Okan Demirci, PE
[email protected]
All inquiries must be submitted in writing.

By: _____________________________ __________________________________ City Clerk Date

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

DATE: February 13, 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.
24-125, CONSENTING TO THE APPOINTMENT OF IYOB

TESSEMA AS DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT AND APPROVAL OF DIRECTOR OF HUMAN

RESOURCES AND RISK MANAGEMENT EMPLOYMENT

AGREEMENT
SUMMARY: Staff is asking the City Council to consent to the appointment of Iyob Tessema as Director of Human Resources and Risk Management and approve the employment agreement for services as Director of Human Resources/Risk Management.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-125, approving appointment of Iyob Tessema for the position of Director of Human Resources and Risk Management and approving employment agreement; and

2. Authorize the City Manager to execute the agreement.

FISCAL/FINANCIAL IMPACT: The Director of Human Resources/Risk Management position was budgeted for fiscal year 2023-24, including Mr. Tessema’s annual salary of $145,860.75 annually, which is Step E of the City’s current salary schedule for the position of Director of Human Resources/Risk Management, plus estimated benefits of $51,051.26 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. In addition, pursuant to existing employment contract with MunitTemps, the City must pay the company a fee equal to 9% of Mr. Tessema's annual salary for a fee of $13,127.47. At this time, funds are available to administer the terms of the employment agreement.

DISCUSSION: The Director of Human Resources/Risk Management is an essential member of the City's Executive Management Team and reports directly to the City Manager. The Director of Human Resources/Risk Management’s Office is responsible

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for the daily operations of the Human Resources and Risk Management department; oversees, organizes, and manages City’s administration of property, liability, and workers' compensation; serves as liaison and represents the Office at meetings with representatives from a variety of public agencies, insurance companies and broker services; performs other duties as assigned. This includes employment functions such as recruitment, hiring promotions, and employee training. This is a confidential class position.

The key terms and provisions of the proposed agreement for Iyob Tessema are:
1) Three-year term; 2) Annual Base Salary of $145,860.75 ($12,155.06 per month); 3) Car allowance in the amount of $400 per month; 4) one months’ severance if terminated without cause within one (1) year and three months’ severance if terminated thereafter (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.

ATTACHMENT(S):

A. Resolution No. 24-125, appointment of HR Director
B. Director of Human Resources Agreement- I. Tessema

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ATTACHMENT A
RESOLUTION NO. 24-125

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPOINTING IYOB TESSEMA TO THE POSITION OF

DIRECTOR OF HUMAN RESOURCES AND RISK

MANAGEMENT
WHEREAS, it is the desire of the City Manager of the City of South El Monte (hereinafter the "City Manager") to appoint Iyob Tessema (“Employee”) to serve in the position of Director of Human Resources/Risk Management beginning on February 13th, 2024; 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 Director of Human Resources and Risk Management is the department head of the Human Resources and Risk Management 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, the City requires the services of a Director of Human Resources and Risk Management; and
WHEREAS, based on Employee’s executive and administrative qualifications, ability, and experience, the City Manager desires to employ Employee to serve as the Director of Human Resources and Risk Management for the City; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of Director of Human Resources and Risk Management services to the City; and WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of Director of Human Resources and Risk Management professional services to the City through an 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 Iyob Tessema as Director of Human Resources and Risk Management effective February 13, 2024. Mr. Tessema’s salary shall initially be $12,155.06 monthly, which is Step E of the City’s approved salary for this position adopted on February 13, 2024, with Resolution 24-125 for the position of Director of Human Resources/Risk Management. Further the City Council approves the employment agreement between the City and Iyob Tessema attached hereto and authorizes the City Manager to execute the same.

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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 13th day of February 2024.

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-125 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 13th day of February 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmemeber(s):

NOES: Councilmember(s):

Donna G. Schwartz, City Clerk

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ATTACHMENT B
01257.0004/959930.1

CITY OF SOUTH EL MONTE

DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT EMPLOYMENT

AGREEMENT
This DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT
EMPLOYMENT AGREEMENT (“Agreement”) is entered into and made effective the 13th day of February 2024, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and Iyob Tessema, 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 Director of Human Resources and Risk Management is the department head of the Human Resources 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, Employee has the necessary qualifications and experience to perform as the City’s Director of Human Resources and Risk Management; and WHEREAS, the duties of the Director of Human Resources and Risk Management are set forth in Exhibit “A” to this Agreement; and
WHEREAS, the Parties now wish to enter into an employment agreement to establish the terms and conditions of Employee’s professional services to the City.

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 hereby employs Employee to perform the functions and duties of the Director of Human Resources and Risk Management position 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 Director of Human Resources and Risk Management, 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.

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01257.0004/959930.1
2 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 Director of Human Resources and Risk Management 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 their 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 Director of Human Resources and Risk Management.

1.4 Employment Status. Upon appointment to the Director of Human Resources and Risk Management position, Employee shall serve at the will and pleasure of the City Manager and understands that they shall be an “at-will” employee without recourse to bumping 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 pre-disciplinary “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 their 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 their 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 they are not included within the classified service of the City pursuant to South El Monte Municipal Code §2.64.010(H)(7).

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01257.0004/959930.1
3 1.7 FLSA Exempt Status. Employee acknowledges and agrees that their 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, Employee’s base compensation shall be Twelve Thousand One Hundred and Fifty Five Dollars and Six Cents ($12,155.06) 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.

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 Director of Human Resources/Risk Management. 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.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall commence their services as Director of Human Resources and Risk Management on February 13, 2024, which will also be deemed the effective date of this Agreement (“Effective Date”).

3.2 Term. The term of this Agreement will be for three (3) years following the Effective Date (“Term”) (i.e. until 11:59 p.m. on February 12, 2027) and, thereafter, the term of this Agreement may be extended for additional one (1) year term(s) as Employee and City Manager mutually agree, as evidenced by a writing signed by both parties.

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 they 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 Director of Human Resources and Risk Management 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 Director of Human Resources and Risk Management. Upon appointment to the Director of Human Resources and Risk Management 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

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01257.0004/959930.1
4 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, 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 they 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 within one (1) year of the Effective Date 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 their base monthly Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by one (1), less applicable deductions and excluding deferred compensation or the value of any other benefits. If Employee is terminated without cause at any time later than one (1) year after the Effective Date 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 their base monthly salary then in effect multiplied by three (3) excluding the value of any 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

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01257.0004/959930.1
5 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.”

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 Human Resources and Risk Management 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)

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01257.0004/959930.1
6 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 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 if they a r e 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 them 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

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01257.0004/959930.1
7 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.

6.6 Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and their eligible dependents.

6.7 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.

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

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

6.9 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, they 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 their 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.

6.10 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at their 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. 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.

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01257.0004/959930.1
8 6.11 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.

6.12 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).

6.13 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 their 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, they 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.

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9 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:

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%

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10 5-10years 10%
11-15years 15%
16years and above 20%

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 their 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

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11 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 Director of Human Resources/Risk Management. 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 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 Iyob Tessema
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.

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12 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 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

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13 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 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
_______________________________
Rene Salas, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
_____________________________
Anthony Taylor, City Attorney

EMPLOYEE
____________________________________
Iyob Tessema

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14 EXHIBIT “A”

DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT
Exempt

DEFINITION
Under direction from the City Manager, plans, organizes, and directs the daily operations of the Human Resources and Risk Management department; oversees, organizes and manages City’s administration of property, liability, and workers' compensation; serves as liaison and represents the Office at meetings with representatives from a variety of public agencies, insurance companies and broker services; performs other duties as assigned. This includes employment functions such as recruitment, hiring promotions, and employee training.

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

A. Oversees, manages and coordinates the City’s recruitment and selection process; develops and drafts recruitment plans and related recruitment job bulletins and advertising; develops, and administers employment selection instruments; prepares eligibility lists and supervises the hiring process.

B. Serves as Custodian of Records for the Department of Justice; monitors and maintains required records and documents.

C. Ensures allocation and organization of City’s classification and compensation plans; coordinates and conducts job analyses and surveys; prepares and revises job descriptions.

D. Receives and records negotiated employment agreements; implements and administers provisions and conditions of memorandums of understanding.

E. Undertakes and arranges the Department of Transportation’s quarterly drug and alcohol testing requirements for employees utilizing City vehicles; investigates and informs employees of requirements and random testing events; receives test outcomes, records data and submits results as required.

F. Administers the employee benefits program (medical, vision, dental, life, long-term disability insurances and deferred compensation, retirement).

G. Assists managers in the discharge of their personnel responsibilities including performance evaluations.

H. Receives and responds to employee grievances; prepares and sends disciplinary notices.

I. Applies and administers a variety of personnel policies, employee/employer relations, procedures, and practices.

J. Ensures and serves as a coordinator of the ADA Title II by coordinating city efforts to comply with Title II of the Americans with Disabilities Act.

K. Ensures compliance with contractual and funding requirements pertaining to employee health, safety, and welfare.

L. Coordinates and implements employee training programs and maintains related records.

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15 M. Develops and implements related rules, policies, and procedures reflecting current laws and best practices.

N. Develops and prepares special studies and reports, including investigations.

O. Manages the City’s Risk Management program including coordinating and monitoring workers’ compensation claims working with the City’s outside claims administrator and the appropriate department administrators.

P. Prepares and processes general liability claims and maintaining liaison with claims administrator.

Q. Sources and procures other insurances to meet the City’s needs and assisting with loss prevention.

R. Oversee the City’s safety program and Cal/OSHA compliance.

S. Prepares division budget and monitors expenditures.

T. Supervises, trains, and evaluates assigned staff.

U. Performs related duties as assigned.

EMPLOYMENT STANDARDS
Knowledge and Abilities:
➢ Principles of public personnel administration and risk management. ➢ Related Federal and State legislation.
➢ Research techniques, sources, and availability of information. ➢ Principles, practices, methods and techniques of risk management, insurance, self insurance, claims administration, safety and loss-prevention/control and workers’ compensation.
➢ Fundamental employment laws, codes and regulations including EEO, FLSA, FMLA, and Cal/OSHA and applicable provisions of collective bargaining agreements. ➢ Principles of municipal budget preparation.
➢ Records management and retention.
➢ Basic computer fundamentals, work processing, and spreadsheet programs. ➢ Report preparation.
➢ Methods and techniques of supervision.
➢ Analyzing & Interpreting Data – Drawing meaning and conclusions from quantitative and/or qualitative data.
➢ Critical Thinking – Analytically and logically evaluating information, propositions, and claims.
➢ Fact Finding – Obtaining facts and data pertaining to an issue or question. ➢ Industry Monitoring – Grasping the external political, economic, competitive, and social factors affecting the industry.
➢ Legal & Regulatory Navigation – Understanding, interpreting, and ensuring compliance with laws and regulations.
➢ Professional & Technical Expertise – Applying technical subject matter to the job. ➢ Action & Results Focus – Initiating tasks and focusing on accomplishment. ➢ Safety Focus – Showing vigilance and care in identifying and addressing health risks and safety hazards.

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16 ➢ Adaptability – Responding positively to change and modifying behavior as the situation requires.
➢ Professional Integrity and Ethics – Maintaining trust through honesty, adherence to principles, and personal accountability.
➢ Informing – Proactively obtaining and sharing information. ➢ Listening – Fully comprehending spoken communication. ➢ Writing – Communicating effectively in writing.
➢ Customer Focus – Attending to the needs and expectation of customers. ➢ Project Management – Planning and tracking projects to ensure they are on-time, on budget, and achieve their objectives.
➢ Advise and assist employees and department managers in a variety of personnel matters including the interpretation and application of personnel rules.

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ATTACHMENT B
01257.0004/959930.1
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 Iyob Tessema, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will Director of Human Resources and Risk Management effective February 13, 2024, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

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 them at the time of their 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.

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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 they are knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights they may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that they have been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE;

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3 (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 they 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 they may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of their 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 they 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, their counsel of choice, and that they do not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following their 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.

6. WAIVER OF ADDITIONAL CLAIMS

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4 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.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained

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

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

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

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

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

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

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

8. MISCELLANEOUS

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6 8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

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

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

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

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

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

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

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

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

As to EMPLOYEE:

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

As to THE CITY:

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01257.0004/959930.1
7 City Manager
City of South El Monte
1415 Santa Anita Ave.

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

DATED: ________________ EMPLOYEE
By: _________________________________
Iyob Tessema

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

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

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ATTACHMENT B
01257.0004/959930.1
EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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

PROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR FISCAL YEARS (FY) 2023-24
AND 2024-25
SUMMARY: Provide the City Council with recommendations for programming the fiscal year 2024-2025 (July 1, 2024 – June 30, 2025) and revising the Consolidated Action Plan for fiscal year 2023-2024 for the allocation of Community Development Block Grant CDBG funds.

RECOMMENDED ACTION: Staff Recommends City Council:

1. Conduct a public hearing;

2. Take public testimony; and

3. Adopt Resolution No. 24-126, 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

4. 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 guidelines.

FISCAL/FINANCIAL IMPACT: The fiscal impact is to modify the Consolidated Action Plan for FY2023-24 to extend the grant expiration date for both the City-Wide Pavement Project and the Pool Replastering Project, totaling $294,464. Concurrently, recommend the programming of CDBG funds for FY2024-25, totaling $236,207. This includes the programming of $100,000 for Code Enforcement and $136,207 for the Aquatic Pool Replastering Project.

DISCUSSION: Staff is recommending revising FY2023-24 CDBG Consolidated Action Plan by extending the expiration date for the City-Wide Pavement Rehabilitation Project to December 31, 2024, totaling $294,464. This extension is necessary due to project

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delays, prompting the City to seek an extension for the utilization of Community Development Block Grant (CDBG) funds. Staff anticipates challenges in meeting the FY2023-24 drawdown requirement by March 31, 2024, and therefore recommends reprogramming them towards shovel ready projects (See Exhibit A).

Additionally, Staff is recommending for the FY2024-2025 funding to be programmed towards Code Enforcement and the Aquatic Pool Replastering Project, totaling $236,000.

Staff report prepared by Andres Gonzalez, Senior Public Works Analyst, and Irma Peniche, Grant Coordinator

ATTACHMENT(S):

A. Resolution 24-126
B. Exhibit A
C. Proof of Publication

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ATTACHMENT A
RESOLUTION NO. 24-126

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL AUTHORIZING THE REPROGRAMMING AND

PROGRAMMING OF COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEARS (FY)
2023-24 AND 2024-25
WHEREAS, the CDBG Program has operated since 1974 to provide local governments the resources to meet the needs of persons of low‐and moderate‐income; and WHEREAS, the City of South El Monte contracts with the Los Angeles County Community Development Commission for the disbursement of CDBG Funds, through the Small Cities Program; and
WHEREAS, the City of South El Monte is expected to receive $294,464 in FY2023-24, and $236,207 in FY2024-25, for a total of $530,671 in CDBG Funds; and WHEREAS, the City of South El Monte has previously programmed the $294,464 for FY2023-24 towards the City-Wide Pavement Project, and has not yet programmed the $236,207 for FY2024-25; and
WHEREAS, the City Council has conducted a public hearing, with the required prior noticing to provide the public and opportunity to comment on the programs proposed for the Fiscal Year 2023-2024 and 2024-2025 Community Development Block Grant Funds Program.

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

SECTION 1. The City Council approves the programming and reprograming of the funds for FY2023-24 and FY2024-25 as detailed in Exhibit A, and instructs the City Manager to submit the necessary document and a copy of this Resolution to the Los Angeles County Community Development Commission.

SECTION 2. The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Revising the allocation of federal funds is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.

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

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Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 13th day of February 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. 24-126 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 13th day of February 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

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ATTACHMENT B

EXHIBIT A
CDBG FUNDING FISCAL YEAR 2023-2024 AND FISCAL YEAR 2024-2025 CBGD FUNDING FISCAL YEAR Fiscal Year 2023-2024
Programming of Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024) allocation $294,464.

Staff recommends CDBG funding for Citywide Pavement Rehabilitation Project -602500-22 to be extended into FY 2024-25 and keep CDBG funding in the amount of $294,464. This project is ready to move forward on the Klingerman portion of the project which is CDBG funded. Due to various delays, the city reached out to the Los Angeles County Community Development Commission requesting a deadline extension, this extension will give the City ample time to complete this phase by December 2024.

CDBG FUNDING FISCAL YEAR 2024-2025
Programming of Fiscal Year 2024-2025 (July 1, 2024 – June 30, 2025) estimated allocation $236,207.

Code Enforcement Project 602067-24 allocated $100,000.

The purpose of the Code Enforcement program is a continuing activity which is designated to aid in the protection of the public health and safety by eliminating substandard housing removing blighted conditions, promoting property maintenance, and ensuring conformance with City’s zoning and building ordinances, along with State and County’s codes.

South El Monte Pool Replastering New Project in Fiscal Year 2024-2025: allocated $136,207.

This project located at Aquatic Center; 1500 Central Avenue will consist of replastering the small and large pool. CDBG funds will be used for labor, materials, equipment, professional services, and other necessary work.

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ATTACHMENT C

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

DATE: February 13, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION FOR AUTHORIZATION TO SEEK

REQUEST FOR PROPOSALS (RFP) TO IMPLEMENT THE

CITY'S COMMERCIAL CANNABIS OPERATIONS

REGULATORY PROGRAM AND PROVIDE APPLICATION

EVALUATION SERVICES
SUMMARY: Staff seeks City Council approval to issue Request for Proposals (RFP) to Implement the City's Commercial Cannabis Operations Regulatory Program and provide Application Evaluation Services
RECOMMENDED ACTION: Staff recommends City Council approve the RFP to solicit proposals from qualified consultants to implement the City's Commercial Cannabis Operations Regulatory Program and provide Application Evaluation Services.

FISCAL/FINANCIAL IMPACT: The cost of these services is unknown at this time.

However, it is anticipated that the costs associated with these services will be offset by the revenue(s) generated by these businesses once in operation.

DISCUSSION: The City of South El Monte seeks a consultant to implement, review, evaluate, and score the Commercial Cannabis Permit application proposals. Specifically, the City seeks a consultant who is well versed in California adult-use cannabis laws, as well as experience evaluating the following for cannabis or other related businesses:
• Business and operating plans;
• Safety and security protocols;
• Labor and employment practices; and
• Community benefit proposals.

The current ordinance takes into account the amendments to South El Monte Municipal Code (SEMMC), Chapter 5.26, approved by the City Council on September 26, 2023, and included amendments to the application selection criteria, and made clarifications to the ordinance that would improve the administration of the program. The consultant

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should have experience in consulting with California municipalities on cannabis related policies and initiatives, experience in evaluating business and operating plans, including an ability to provide unbiased, meritorious evaluation of retail cannabis applications. The consultant selected under this RFP process might also have clarifications that they recommended should be made to the cannabis ordinance through a minor amendment by the City Council to ensure that the cannabis business selection process moves forward efficiently.

Staff seeks City Council approval to issue Request for Proposals (RFP) to implement the City's Commercial Cannabis Operations Regulatory Program and provide Application Evaluation Services.

ATTACHMENT(S):

A. Request For Proposals

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01257.0001/867754.1 1
Request For Proposals
REQUEST FOR PROPOSALS TO IMPLEMENT THE CITY’S

COMMERCIAL CANNABIS OPERATIONS REGULATORY

PROGRAM AND EVALUATION SERVICES
RFP Release Date: _____, 2024
RFP Response Due: 5:00 p.m. ______, 2024

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01257.0001/867754.1 2

1. INTRODUCTION AND PROJECT
The City of South El Monte seeks a consultant to implement the City’s Commercial Cannabis operations Regulatory Program, and review, evaluate, and score the Commercial Cannabis Permit application proposals. Specifically, the City seeks a consultant who is well versed in California adult-use cannabis laws, as well as has experience evaluating the following for cannabis or other related businesses:
• Business and operating plans;
• Safety and security protocols;
• Labor and employment practices
• Community benefit proposals.

Please confirm your intent to bid via email to [email protected]. Respondents will absorb all costs incurred in the preparation and presentation of their proposal.

Proposer Inquiries
All questions or comments concerning the requirements of the RFP shall be made in writing. Any questions regarding the proposal process and/or City requirements should be emailed to:

Gerardo Marquez, Planning Manager at [email protected].

Questions must be submitted to the City by_______, 2024 at 5:00 pm. City responses will be posted by _____________ 2024 at 4:00 p.m. unless indicated otherwise by the City.

Proposal Due Date
The response to this RFP must be received no later than 5:00 pm on _____, _________, 2024. Please address and deliver one copy on flash drive and three physical (3) copies of your proposal to:

City of South El Monte
Community Development Department
1415 Santa Anita Avenue, CA 91733
ATTN: Gerardo Marquez, Planning Manager
** It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time, as late bids will not be accepted.

2. BACKGROUND
The City of South El Monte lies at an important crossroad from both a geographic and historic perspective. Bounded by both the Pomona (HWY-60) and San Gabriel River (I-605) freeways, South El Monte has ready access to important regional travel routes that link the City to centers of commerce in Los Angeles County and beyond. From a historic perspective, the community’s population and business patterns mirror the transition occurring throughout the San Gabriel Valley toward a more diverse ethnic mix and increased presence of business serving Pacific Rim and Asian markets both within the region and abroad.

South El Monte, located approximately 18 miles east of downtown Los Angeles, lies in a geographic region known as the San Gabriel valley. The City is bounded on two sides by the San Gabriel Valley’s two major drainage features: the Rio Hondo River on the west and the San Gabriel River on the east. Both

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rivers are contained within concrete-lined channels and flow into the Whittier Narrows immediately south of South El Monte. Whittier Narrows is a regional open space resource and flood control feature formed by a major erosional gap between the Puente and Merced hills.

Project Impetus
At the November 2022 election, the voters of South El Monte approved Ordinance No. 1260, which added Chapter 5.26 of Title 5 of the South El Monte Municipal Code (“SEMMC”). The ordinance authorized the establishment of a limited number of cannabis retailers (medical/adult use) in the City through the “Commercial Cannabis Operations Regulatory Program”, and further, established a tax on retailers. Ordinance No. 1260 also contained provisions permitting the City Council to make amendments without resubmission to the voters provided that the number of permits cannot be changed. This program permits one medical/adult-use cannabis retailer with the option to add another two permits in the second year of the program and, further, provides very detailed requirements on how the program operates and regulates cannabis businesses, including application selection criteria.

A new development occurred after the voters of the City approved the cannabis ordinance in November 2022. There is now a state proposition (entitled as “The Taxpayer Protection and Government Accountability Act”) that if approved by the voters of the State of California in November 2024 could potentially impact the City’s tax revenues that were included in the City’s cannabis measure that the voters approved in November of 2022. If the City brought in a cannabis business this year with the expectation that the tax revenues would be paid to the City every year going forward by that cannabis business to offset costs to the City for impacts to City resources, the City could potentially end up having a cannabis business with no tax revenues to offset adverse impacts from that cannabis business if the above state proposition passes, depending on how that state ballot measure will be interpreted as applying retroactively or not by the courts if it passes.

On September 26, 2023, the City Council amended Chapter 5.26 of Title of the SEMMC to change application selection criteria, make clarification changes, and make such other changes in order to improve the administration of the program.

Commercial Cannabis Operations Regulatory Program (CCORP) The amended ordinance revises Criteria 7 so that the total points that can be allocated is 300 points. It also adds a sub-criteria in Criteria 7 relating to community benefit proposals. As such, SEMMC Section

5.26.070(D)(7) reads as follows:
“Community Benefits Plan—Three Hundred Fifty Points. The people of the city find that monetary donations to local non-profit organizations, financial support of city sponsored activities or organizations, in kind donations to the city or other charitable organizations, and economic incentives to the city carry out the purpose and intent of the program and are, therefore, critical for an applicant to demonstrate an effective community benefits plan. Accordingly, two hundred of the three hundred fifty points awardable under this subsection shall only be awarded if the applicant pledges to voluntarily provide a public benefit to a public use (or a combination thereof), which is defined as a direct financial contribution equal to two percent of projected gross receipts of the applicant to a public school located within the city, a public park located within the city, and/or a public or nonprofit community organization serving the city or its residents. Beyond the above and as a ministerial duty, no further direct financial contributions shall be considered as part of an applicant’s community benefits plan.

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The remaining one hundred fifty of the three hundred fifty points awardable under this subsection shall be awarded, as a ministerial duty, pursuant to the following objective criteria:
a. Up to fifty points—A description of a social responsibility plan to include identification of a community liaison, plans to serve as a social equity business incubator, plans to aide and participate in the work of local non-profits, community-based organizations, civic organizations, or social services organizations.
b. Up to fifty points—A description of a plan to develop a public health outreach and educational program that outlines the risks of youth use of cannabis and that identifies resources available to youth related to drugs and drug addiction. c. Up to fifty points – A proposal and description of any community benefits agreement proposed by the applicant pursuant to Section 5.26.130.” Furthermore, SEMMC 5.26.070(E), in relevant part, provides as follows:
“... In the event of a tie in the order of ranking under subsection D between one or more applicants up to the maximum number of commercial cannabis operation permits authorized in Section

5.26.060, the city council shall, as a ministerial duty, break the tie and issue commercial cannabis operation permits to the applicants with the highest scoring application component in the following order: (1) qualifications of the applicant’s owners and managers; (2) labor and employment plan; (3) security plan; (4) safety plan; (5) community benefits plan; (6) neighborhood compatibility plan; (7) business and operations plan; and (8) plans, renderings, and overall location. ...” The amended ordinance moves “community benefits plan” to a higher priority by reordering the above bolded text as follows: : “... (1) qualifications of the applicant’s owners and managers; (2) community benefits plan; (3) labor and employment plan; (4) security plan; (5) safety plan; (6) neighborhood compatibility plan; (7) business and operations plan; and (8) plans, renderings, and overall location. ...” The amended ordinance makes the following changes:
• Amends various deadlines for the adoption of program fees. The current text provides that certain fees must be adopted within a period of time. For example, application fees currently must be established within 45 days of the ordinance’s effective date. The proposed ordinance would remove this time requirement, and other similar time requirements, so that the City has sufficient time to study and adopt the related fees.
• Amends various deadlines for the creation of application forms. The current text also provides that certain applications forms must be created within a specified period of time. For example, the current text provides the application form for change of location must be created within 180 days of the ordinance’s effective date. Similar to the fees, the proposed ordinance removes this deadline, and other similar time requirements so that the City has sufficient time to create the forms.
• Amends deadlines relating to establishing certain regulations. The current ordinance sets specific deadlines for the establishment of certain regulations. For example, the city manager is required to create regulations for transfer of ownership or control within 180 days following the ordinance’s effective date. The proposed ordinance would remove this 180-day deadline. • Amends various sections for consistency. The proposed ordinance makes other changes to the current text so that it is more consistent. For example, in one part of the ordinance, it references the maximum number of cannabis retailers as being 2, but the intended limit is 1 for

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the first year with the option of adding 2 additional permits in subsequent years. This proposed ordinance would make those provisions consistent.
• Clarifies that Council is not required to select an applicant if approval of an application would be detrimental to the public health and safety. The current ordinance is unclear whether Council may, for example, determine that all applicants as not meeting the criteria and, therefore, desires to not issue any permits. The proposed ordinance would give Council the option to not issue any permits, provided that Council finds that issuance of any permits would be detrimental to the health and safety of the City’s residents.

Provides other changes relating to efficient administration and enforcement. The ordinance makes changes to the current ordinance so that it can be more efficiently administered. For example:

1. The current ordinance provides that, on the one-year anniversary of the date of issuance of a permit (and every year thereafter), the city manager is required to conduct a performance review of the permittee. If there are any areas in which the permittee is noncompliant, the city manager is required to notify the permittee and the permittee has an automatic 60 days to remedy the noncompliance. The proposed ordinance would revise this so that the City Manager has the flexibility to provide deadlines to remedy noncompliance and is further able to revise the deadlines if additional time is needed.

2. Any adopted administrative regulations will be effective upon the date of publication on the City’s website or posting at the location for the city council’s meeting agendas.

3. Failure to make corrections required by SEMMC Section 5.26.090 and failure to pay required fees is a basis for suspension/revocation of the permit.

Project Overview
The purpose of this RFP is to identify a consultant who can assist the City of South El Monte in developing and implementing the application procedure, and review, evaluate, and rank the commercial retail cannabis application proposals.

3. SCOPE OF WORK
Desired Qualifications
The consultant for CCORP application evaluation services should possess the following qualifications:
• Experience in consulting with California municipalities on cannabis related policies and initiatives.
• Experience in developing cannabis permit/ license selection processes and regulations. • Experience in evaluating business and operating plans as well as completing economic viability analysis for private sector and /or cannabis related businesses. • Demonstrated ability to provide unbiased, meritorious evaluation of retail cannabis applications.

Services Requirements:

1. Develop a cannabis permit application process, to include the development of forms and review process.

2. Simultaneous review and evaluation of multiple retail cannabis permit application proposals by subject matter experts.

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3. Development of a scoring rubric based upon the approving Ordinances and best practices.

4. Development of a scoring template which provides for consistent tracking of application scores.

5. Production of final scoring reports that rank applicants and provide recommendations on which applicants should advance to the next round of the application process.

6. Development of application interview protocols including assisting the City in developing standardized interview questions and other insights that may need to be included based on individual proposals.

7. Provision of invoices based on individual applications which track the time and materials your firm spent on the review of an application.

Note: Scope of proposer’s services may encompass additional services outside the aforementioned items that similar organizations undergoing this process have involved.

4. PROPOSAL REQUIREMENTS
At a minimum, the proposal should contain the information outlined herein. Additional information that the applicant deems relevant to the selection process may be included; however, concise and focused submittals are strongly encouraged. By submitting a proposal, and unless otherwise stated, it is understood that the Consultant has reviewed the relevant information, and that based on that review, the Consultant has developed an informed understanding of the projected scope of work and has satisfied itself with the applicable conditions and requirements expressed in those documents.

Submittals
Interested firms are invited to submit a flash drive and three (3) physical copies of their proposals to the following address:

City of South El Monte
Community Development Department
1415 Santa Anita Ave, South El Monte, CA 91733
ATTN: Gerardo Marquez, Planning Manager
Proposals will be accepted until _____________, 2024 at 5:00 p.m.

Proposal Format:

To ensure the fair and accurate consideration of all submissions, proposals must contain the following:

Executive Summary
Provide a brief overview of your firm and your firm’s experience providing the services detailed in the previous section of this RFP. This executive summary must include the contact information of the individual authorized to represent your firm and any third parties who will work with you on the delivery of this project. If you are using a third party, please list the roles each party will play in the overall delivery of the solution. Please limit your Executive Summary to no more than two pages.

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References
Provide the names, contact information, and brief project summary for three (3) similar municipal governments for which the firm has executed similar projects. The project summaries should outline scope of service provided, additional custom features or extensive report capabilities, the timeline/process for development, training, implementation, and any issues encountered.

Project Team Description
Provide names and contact information of the Project Team including the project manager and the personnel. Include brief resumes for all team members, as well as their tenure with the firm. Indicate the organizational structure of the team and outline key roles and lines of authority. Identify any and all sub-contractors and their role in the project, including all of the aforementioned information.

Description of Services
Please provide an outline of how your firm will provide the services outlined above. Additionally, explain any anticipated meetings with City staff, logistics of application review, and other services as detailed previously in this RFP. Please limit your description of services to no more than four pages.

Cost
Provide a detailed not-to-exceed cost analysis by task for the entirety of the project, including basic fee structure and break-down of any other charges and hourly compensation rates related to your firm’s proposal. Additionally, please outline the anticipated time and material costs for application review on a per application basis. Indicate how costs will be charged if more applications are received than expected. (Submit the cost and budget in a separate envelope and on a separate file on the flash drive) Any Contract resulting from this solicitation will specify a maximum, not-to-exceed fee amount. Except in the unusual situation wherein the Consultant encounters circumstances that could not be reasonably anticipated, the City will not authorize payment beyond this amount. In consideration of this, any assumptions and/or the need for any contingencies must be clearly spelled out in the Fee Proposal and used as a basis to compute a “not-to-exceed” figure for the project. This figure should be sufficient to provide for any reasonably anticipated circumstances that may be encountered during project execution and completion.

Project Timeline
Provide a project timeline which includes estimated time of completion for the review of a standard application and all phases of the application review process to final recommendation.

5. SELECTION CRITERIA AND PROCESS
The award will be in the best interest of the City and will be to a firm or firms whose overall proposal is rated as being in the City’s best interest.

Factors to be considered in the selection process include:

1. Quality and thoroughness of the proposal.

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2. Experience and past performance in completing projects of a similar type, size and complexity.

3. References.

4. The quality of example materials and any presentation requested by involved city officials.

5. Cost and budget proposal.

6. A reasonable timeline based on general conditions and project objectives.

7. Any other considerations deemed pertinent by the City.

Selection Process
A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and then may arrange for on-site interviews with staff if necessary.

The City reserves the right to request additional information or materials from bidding parties if necessary to determine the winning proposal.

Likewise, the City reserves the right to accept or reject any or all proposals, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any informality in the proposals. The City of South of El Monte retains the right at its sole discretion to select a contractor.

All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review.

The City reserves the right to cancel or revise any section of this RFP prior to the date proposals are due including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all interested firms will be notified. The City also reserves the right to extend the date by which proposals are due.

The City will not pay costs incurred by the Proposer during this process. All costs shall be borne by the Proposer.

Discretion and Liability Waiver
The City reserves the right to exercise discretion and apply its judgment with respect to any qualifications submitted.

The City reserves the right to reject any or all submittals, either in part or in their entirety, or to request and obtain, from one or more of the businesses submitting, supplementary information as may be necessary for City staff to analyze the qualifications pursuant to the contractor/consultant selection criteria contained herein.

The City may require contractors/consultants to participate in additional rounds of discussions, negotiations, or more refined submittals before the ultimate selection of a contractor/consultant is

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made. These rounds could encompass revisions of the submittal criteria in response to the nature and scope of the initial qualifications.

6. SCHEDULE
The following identifies the proposed schedule for the RFP and consultant selection process:
• _______, 2024 RFP Released
• _______, 2024 Inquiry Deadline
• _______, 2024 Submittal Deadline
• _______, 2024 Consultant Selection
• _______, 2024 City Council Contract Approval
It is anticipated that approval of the formal contract with the City of South El Monte will occur on ______, 2024. Following a written notice-to-proceed, to be issued by the City, the Consultant’s work shall begin no later than seven (7) days after City Council approval and shall be completed in accordance with the agreed upon schedule.

The notice to proceed issued by the City will specify the work including phases to be completed, a schedule for the work, the basis for payment, and the limits of compensation. The Consultant shall not begin work nor incur any costs associated with any task identified herein without an explicit written notice to proceed.

7. COMPENSATION
The City will negotiate a contract with the selected Consultant based on the following assumptions and conditions:
• All services rendered as described in the Scope of Work, including all labor, equipment, materials, and expenses, the Consultant shall be compensated on a time and expenses basis by task or phase for work completed.
• The not-to-exceed amount should be broken down by phase.

Inquiries:

All requests for clarifications or interpretations shall be made in writing and shall be emailed to the project manager, Gerardo Marquez, at [email protected]. Inquiries shall contain the firm's name, contact person, and email address and be titled “Cannabis Application Consultant Services – RFP." Deadline for inquiries is _______, 2024 at 5:00 pm. City staff will post responses to all inquiries in the form of an addendum with the RFP documents at http://www.southelmonte.org (create page or inbox) on or before ______ by 5:00 pm (PST).

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8. CONTRACT CONDITIONS
The selected Consultant will be required to sign a standard City agreement and maintain required insurance coverage as indicated in Attachment 1. Unless indicated otherwise, submission of a proposal indicates that the proposer accepts the terms of the standard agreement.

9. CONTRACT CONDITIONS
The following documents are available for viewing and download at the locations listed below:
• City of South El Monte Municipal Code
https://library.qcode.us/lib/south_el_monte_ca/pub/municipal_code • City of South El Monte Cannabis Operations Regulatory Program (Revised) https://portal.laserfiche.com/Portal/DocView.aspx?id=23745&repo=r-fe8f1ab6 • City of South El Monte Zoning Regulations
https://library.qcode.us/lib/south_el_monte_ca/pub/municipal_code/item/title_17 • City of South El Monte Business License Regulations
https://library.qcode.us/lib/south_el_monte_ca/pub/municipal_code/item/title_5 • City of South El Monte Zoning Map
https://www.cityofsouthelmonte.org/DocumentCenter/View/3286/Zoning-Map-PDF?bidId=

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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
__________________________________

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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.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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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 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.

1.3 Compliance with Law.

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.

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South El Monte City CouncilFebruary 13, 2024

South El Monte City Council
February 13, 2024