South El Monte City Council
February 27, 2024

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

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
February 27, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

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

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

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

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

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

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

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

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

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

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

Donna G. Schwartz, CMC, City Clerk
Ph (626) 579-6540
Cell (626) 274-4842
Sabrina Muhne, Deputy City Clerk
Ph (626) 579-6540
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

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

2. PLEDGE OF ALLEGIANCE
Alexander Camacho, Student from Dean L. Shively Middle School

3. INVOCATION
Emma Ramos, Student from New Temple Elementary School

4. PRESENTATIONS

4.a. Certificate of Recognition to Timothy Allen Hinson, Teacher with Sheet Metal, Air, Rail, Transportation Workers (SMART) Local Union 105, Recognizing his 8 years of Mentoring and Tutoring Adults and Young Adults Acquire Lifelong Skills

4.b. Presentation of Years of Service Awards to City Employees

4.c. Presentation by Saman Kashani, MD, MSc, Assistant Medical Director, and Chief Gonzales, Los Angeles County Fire Department Advanced Provider Response Unit on Emergency Preparedness Assessment and Programs

4.d. Sheriff's Department Report for the Months of November and December 2023 and January 2024

4.e. Code Enforcement and Public Safety Department Report for the Months of November and December 2023 and January 2024

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

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

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

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

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

7.a. CONSIDERATION AND APPROVAL OF THE JOINT MEETING WITH

VALLE LINDO SCHOOL DISTRICT-BOARD OF EDUCATION AND THE
REGULAR CITY COUNCIL MEETING MINUTES OF FEBRUARY 13,
2024

Staff is requesting approval of Minutes for the February 13, 2024, Joint and Regular City Council Meetings.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the February 13, 2024, Joint Meeting with Valle Lindo School District-Board of Education, and the Regular City Council Meeting.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-129, APPROVING WARRANTS FOR THE PERIOD OF FEBRUARY 14, 2024, THROUGH FEBRUARY 27, 2024

Authorizing payment of City expenditures for the period of February 14, 2024, through February 27, 2024, totaling $1,768,007.17.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-129, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-130,

AUTHORIZING THE PURCHASE OF A TRANSPORTATION VEHICLE

FROM DAVEY COACH

The City of South El Monte was awarded a grant from the Federal Transit Administrative (“FTA”) Section 5310 Program – Enhanced Mobility of Seniors and Individuals with Disabilities Program. The FTA Section 5310 program aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. Funds were allocated in the FTA grant to purchase an aging transportation vehicle.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Resolution No. 24-130, approving the purchase of a Class C - Ford E450 Terra Transit Bus from Davey Coach Sales; and

2. Authorize City Manager to negotiate and execute all requisite documents for the purchase.

7.d. through 7.h. next pages.

CONSENT CALENDAR (CONTINUED)

7.d. CONSIDERATION AND APPROVAL TO REJECT ALL BIDS AND

AUTHORIZE STAFF TO READVERTISE FOR NOTICE INVITING BIDS (NIB) FOR THE AQUATICS CENTER SWIMMING POOL
REPLASTERING PROJECT (PROJECT NO. 252)

The project at the South El Monte Aquatics Center (1500 Central Avenue, South El Monte, CA 91733) includes the demolition and removal of debris associated with the project, and installation of new swimming pool plaster, tile, drain covers, coping, pool lighting, and all additional items included with the pool replastering project. Due to discrepancies on the bids received, staff seeks City Council approval to reject all bids and authorize staff to readvertise for construction bids.

RECOMMENDED ACTION: Staff recommends City Council reject all bids and authorize staff to readvertise the Notice Inviting Bids for the Aquatics Center Swimming Pool Replastering project.

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION 24-131,

ENTERING INTO A GRANT AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CalTrans) FOR THE MERCED

AVENUE GREENWAY PROJECT

The Merced Avenue Greenway is currently under construction to help maximize the City's opportunities to clean and capture stormwater, reduce greenhouse gas emissions and urban heat island effect, and provide safe active transit connections to local parks, schools, and river connections.

The project is currently in the design phase and is anticipated to go out to bid for construction in January 2025.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-131,entering into the 2023 CalTrans Clean California Local Grant Agreement; and

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

7.f – 7.g next page

CONSENT CALENDAR (CONTINUED)

7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-133,

APPROVING PLANS AND SPECIFICATIONS AND AWARDING
CONSTRUCTION CONTRACT TO JJJ FLOOR COVERINGS, INC. FOR

THE SENIOR CENTER FLOORING IMPROVEMENTS PROJECT

On January 10, 2024, the Engineering Department solicited bids for the Senior Center Flooring Improvements Project. The bid opening date was February 13, 2024, at 2:00 PM. The scope of work includes but not limited to the removal and disposal of existing flooring and installation of new vinyl flooring. The lowest responsive bid was submitted by JJJ Floor Coverings, Inc. in the amount of $39,158.

RECOMMENDED ACTION: Staff recommends City Council:

1. Review the bids and find that JJJ Floor Coverings, Inc. has submitted the lowest responsive bid;

2. Adopt Resolution No. 24-133, approving plans and specifications for the Senior Center Flooring Improvements Project and awarding a contract to JJJ Floor Coverings, Inc. in the amount of $39,158 and the additive alternate project scope of $2,103.48 for a combined grand total of $41,261.48;

3. Approve a 15% contingency amount of $6,189.22 for a total project construction budget amount not to exceed $47,450.70; and

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

7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-132,

RENEWAL OF GENERAL SERVICES AGREEMENT (GSA) WITH THE

COUNTY OF LOS ANGELES

On June 30, 2024, the General Services Agreement between the City of South El Monte and the County of Los Angeles will expire. A new agreement is required to maintain the continuity of services provided to the City.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-132, approving the renewal of the General Services Agreement with the County of Los Angeles from July 1, 2024, to June 30, 2029; and

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

7.h. next page.

CONSENT CALENDAR (CONTINUED)

7.h. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-134,

APPROVING PLANS AND SPECIFICIATIONS AND AWARDING

CONSTRUCTION CONTRACT TO PRO FLOORING CORPORATION

FOR THE COMMUNITY CENTER BASKETBALL GYM FLOORING

IMPROVEMENTS PROJECT

On January 10, 2024, the Engineering Department solicited bids for the Community Center Basketball Gym Flooring Improvements Project. The bid opening date was February 13, 2024, at 2:00 PM. The scope of work includes but not limited to the removal and disposal of existing flooring and installation of new basketball gym multi-use resilient wood flooring. The lowest responsive bid was submitted by Pro Flooring Corporation in the amount of $128,320.

RECOMMENDED ACTION: Staff recommends City Council:

1. Review the bids and find that Pro Flooring Corporation has submitted the lowest responsive bid;

2. Adopt Resolution No. 24-134, approving plans and specifications for the Community Center Basketball Gym Flooring Improvements Project and awarding a contract to Pro Flooring Corporation in the amount of $128,320;

3. Approve a 15% contingency amount of $19,248 for a total project construction budget amount not to exceed $147,568; and

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

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS - None

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

11. CORRESPONDENCE - None

12. COUNCILMEMBERS’ AGENDA

12.a. COUNCILMEMBER DELGADO

1. Consideration of fee waiver for use of the Senior Center for the South El Monte High School Girls Wrestling Banquet on Thursday, March 14, 2024, from 6: 00p.m. to 8:30 p.m.

RECOMMENDATION: Discussion and/or action.

12.b. MAYOR OLMOS

1. Discussion of ad hoc committees.

RECOMMENDATION: Possible direction and/or appointment by the Mayor.

13. CLOSED SESSION - None

14. RECESS COUNCIL MEETING

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

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

Successor Agency Meeting next page.

Successor Agency Meeting

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

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

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

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

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

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR NOVEMBER 28, 2023

20. EXECUTIVE DIRECTOR'S AGENDA

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING
Tuesday, March 12, 2024, at 6:00 p.m.

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

City Clerk, CMC
City Council Agenda Report
Agenda Item No. 4.a.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Certificate of Recognition to Timothy Allen Hinson, Teacher with Sheet Metal, Air, Rail, Transportation Workers (SMART) Local Union 105, Recognizing his 8 years of Mentoring and Tutoring Adults and Young Adults Acquire Lifelong Skills
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None
City Council Agenda Report
Agenda Item No. 4.b.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Interim Director of Human Resources & Risk Management
SUBJECT: Presentation of Years of Service Awards to City Employees SUMMARY: The Mayor and City Council to present service awards to City employees for their years of service to the City of South El Monte.

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None
City Council Agenda Report
Agenda Item No. 4.c.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Presentation by Saman Kashani, MD, MSc, Assistant Medical Director, and Chief Gonzales, Los Angeles County Fire
Department Advanced Provider Response Unit on Emergency Preparedness Assessment and Programs
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. PowerPoint
1 Advanced Provider Response Unit (APRU)
Consolidated Fire Protection District of Los Angeles County Saman Kashani, MD, MSc – Assistant Medical Director
The problem
● Emergency Medical Services (EMS) is on an
unsustainable course
● Over last 10years call volume increased by ~100k
(~33%)
● Largest growth in call volume are low-acuity callers and mental health exacerbations.
2 The solution
● Advanced Provider Response Unit (APRU)
● Improve community health by providing:
● In person simple assessments and interventions.
● Telemedicine consults
● Goal of:
● Safely redirect patients
● improve patient experience
● decompress safety net resources
● and reduce cost
3 APRU Model ● Vehicle that intercepts low-acuity
calls
● Firefighter Paramedic & Nurse
Practitioner respond
● Carry expanded tools and
medications ● Telemedicine ● e.g otoscope/ophthalmoscope, sutures, lidocaine, foleys,
antibiotics…
4 911 High Utilizers
5 19 19
16 0 0
12 10
0 0 0 0 0 2 0

JAN FEB MAR APRIL MAY JUN JUL AUG SEPT OCT NOV DEC
# of 911 Calls
Axis Title
A.S. 911 Utilization 2023
911 Utilization
AP10
AP10 helps
place in
sober living
7/17 In
Custody
AP10 learns
of new 911
activation
Outcomes ~1year
5847
6 Low-acuity responses Discharged from EMS Care
Navigations to PUCC
329
2161
(37%)
Funding
● Fully supported by American Rescue Plan
● No cost to City or County
● Funding will expire Jan 2025
7 Thank You
Saman Kashani, MD, MSc
Assistant Medical Director
Los Angeles County Fire Department
Training & EMS Bureau
[email protected]
323.629.5412
City Council Agenda Report
Agenda Item No. 4.d.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Sheriff's Department Report for the Months of November and December 2023 and January 2024
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. PowerPoint
B. PowerPoint
C. PowerPoint
South El Monte
November 2023
Crime Statistics
South El Monte
Part I Crime Statistics – November 2019-2023
South El Monte 1 yr % change 4 yr % change
Homicide 0% NC
Rape -60% -67%
Aggravated Assault -33% 34%
Robbery 14% -14%
Burglary -27% 86%
Theft 3% 37%
Grand Theft Auto -30% 6%
Arson 200% 50%
Total -16% 36%
South El Monte 1 yr % change 4 yr % change
Homicide 0% 0%
Rape -60% -78%
Aggravated Assault -23% 31%
Robbery 19% 23%
Burglary -15% 104%
Theft -2% 41%
Grand Theft Auto -30% 24%
Arson 200% 0%
Total -13% 47%
South El Monte
Part I Crime Statistics – November 2019-2023
South El Monte
Part I Crime Statistics – Monthly Breakdown 2023
& Arrests
2023 515
2022 645
Arrests
905
1115
South El Monte
Res Burg 28
Other Burg 207
Petty Theft 91
Grand Theft 134
Theft from Vehicle 97
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 1 0 0 0 0 0 0 0 1
Rape 0 0 0 1 0 0 0 1 0 0 0 2
Aggravated Assault 6 4 5 7 8 2 4 7 13 3 5 64
Robbery 3 4 3 2 4 2 1 5 3 5 6 38
Burglary 24 11 27 21 22 13 22 19 20 23 33 235
Theft 27 32 41 21 29 36 33 28 27 18 31 323
Grand Theft Auto 18 15 8 7 13 11 11 7 11 14 8 123
Arson 0 2 0 0 0 1 0 0 0 0 0 3
Total 78 68 84 60 76 65 71 67 74 63 83 0 789
South El Monte
December 2023
Crime Statistics
South El Monte
Part I Crime Statistics – December 2019-2023
South El Monte 1 yr % change 4 yr % change
Homicide 0% NC
Rape -60% -67%
Aggravated Assault -33% 34%
Robbery 14% -14%
Burglary -27% 86%
Theft 3% 37%
Grand Theft Auto -30% 6%
Arson 200% 50%
Total -16% 36%
South El Monte 1 yr % change 4 yr % change
Homicide 0% 0%
Rape -60% -82%
Aggravated Assault -16% 22%
Robbery 20% 31%
Burglary -13% 95%
Theft -7% 38%
Grand Theft Auto -35% 12%
Arson 200% 0%
Total -14% 41%
South El Monte
Part I Crime Statistics – December 2019-2023
South El Monte
Part I Crime Statistics – Monthly Breakdown 2023
& Arrests
2023 515
2022 645
Arrests
991
1206
South El Monte
Res Burg 28
Other Burg 229
Petty Theft 95
Grand Theft 150
Theft from Vehicle 104
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 1 0 0 0 0 0 0 0 1
Rape 0 0 0 1 0 0 0 1 0 0 0 2
Aggravated Assault 6 4 5 7 8 2 4 7 13 3 5 64
Robbery 3 4 3 2 4 2 1 5 3 5 6 38
Burglary 24 11 27 21 22 13 22 19 20 23 33 235
Theft 27 32 41 21 29 36 33 28 27 18 31 323
Grand Theft Auto 18 15 8 7 13 11 11 7 11 14 8 123
Arson 0 2 0 0 0 1 0 0 0 0 0 3
Total 78 68 84 60 76 65 71 67 74 63 83 0 789
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 1 0 0 0 0 0 0 0 0 1
Rape 0 0 0 1 0 0 0 1 0 0 0 0 2
Aggravated Assault 6 4 5 7 8 2 4 7 13 3 5 7 71
Robbery 3 4 3 2 4 2 1 5 3 5 6 4 42
Burglary 24 11 27 21 22 13 22 19 20 23 33 22 257
Theft 27 32 41 21 29 36 33 28 27 18 31 27 350
Grand Theft Auto 18 15 8 7 13 11 11 7 11 14 8 5 128
Arson 0 2 0 0 0 1 0 0 0 0 0 0 3
Total 78 68 84 60 76 65 71 67 74 63 83 65 854
South El Monte
January 2024
Crime Statistics
South El Monte
Part I Crime Statistics – January 2020-2024
South El Monte 1 yr % change 4 yr % change
Homicide 0% NC
Rape -60% -67%
Aggravated Assault -33% 34%
Robbery 14% -14%
Burglary -27% 86%
Theft 3% 37%
Grand Theft Auto -30% 6%
Arson 200% 50%
Total -16% 36%
South El Monte 1 yr % change 4 yr % change
Homicide NC NC
Rape NC -100%
Aggravated Assault -17% -17%
Robbery 67% 150%
Burglary -46% -28%
Theft -11% -4%
Grand Theft Auto -67% 0%
Arson NC -100%
Total -32% -13%
South El Monte
Part I Crime Statistics – January 2020-2024
South El Monte
Part I Crime Statistics – Monthly Breakdown 2024
& Arrests
2023 515
2022 645
Arrests
2024 93
2023 82
South El Monte
Res Burg 2
Other Burg 11
Petty Theft 5
Grand Theft 12
Theft from Vehicle 7
South El Monte January February March April May June July August September October November December Total Homicide 0 0
Rape 0 0
Aggravated Assault 5 5
Robbery 5 5
Burglary 13 13
Theft 24 24
Grand Theft Auto 6 6
Arson 0 0
Total 53 0 0 0 0 0 0 0 0 0 0 0 53
City Council Agenda Report
Agenda Item No. 4.e.

DATE: February 27, 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: Code Enforcement and Public Safety Department Report for the Months of November and December 2023 and January 2024
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. PowerPoint
City of South El Monte
Public Safety Report
November 2023
December 2023
January 2024 Recap
Joe Martinez
Code Enforcement / Public Safety
Supervisor
Code Enforcement Cases
November, December, January - 202
81 51 70
Building Code.………………………………. 7, 10, 9
Health & Safety……………………………. 13, 3, 6
Parking Citations………………………….. 3, 1, 3
Cannabis………………………………………..0, 1, 3
Homeless .……………………………………..9, 5, 6
Property Maintenance.………………….18, 7, 10
Streets/Public Places……………………. 5, 5, 5
Illegal Dumping/Bulk ………………….…3, 2, 4
Vehicle/Traffic….…………………………….10, 9, 9
Business……………………………………….. .10, 7, 13
Zoning…………………………………………….3, 1, 2
Parking Citations
November - 848
0 20 40 60 80 100 120 140 160 180
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

OVERWEIGHT RESTRICTED

FIRE LANE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS

HANDICAP/DISABLED ZONE

VIOLATIONS NOVEMBER
25 165
12 2
3 21
64 11
42 7
30 28
56 14
Night Day - Residential
0 50
100
150
200
250 (212) (167)
STREET SWEEPING – 379
Night
Day -
Residential
Parking Citations
November Continued
0 5 10 15 20 25 30 35 40

YELLOW/GREEN/WHITE

NO PARKING- OPPOSITE SIDE OF STREET

BLOCKING ACCESS RAMP

BLOCK DISABLED ZONE

ADMIN FEE

UNATTENDED VEHICLE

FAILURE TO DISPLAY DISABLE PLACARD

LICENSE PLATE DISPLAY (FRONT/REAR)

FOR SALE
TIME (2) HR PARKING

EXPIRED REGISTRATION

WITHIN INTERSECTION
5 9
8 1
3 1
3 15
2 4
37 0
Parking Citations
December - 706
0 10 20 30 40 50 60 70 80
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

OVERWEIGHT RESTRICTED

FIRE LANE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS

HANDICAP/DISABLED ZONE

VIOLATIONS DECEMBER
30 76
8 0
1 10
58 7
33 11
30 8
46 30
Night Day - Residential
155
160
165
170
175
180
185
190
195 (170) (191)
STREET SWEEPING – 361
Night
Day -
Residential
Parking Citations
December Continued 0 5 10 15 20 25 30 35 40 45 50

YELLOW/GREEN/WHITE

NO PARKING- OPPOSITE SIDE OF STREET

BLOCKING ACCESS RAMP

BLOCK DISABLED ZONE

ADMIN FEE

UNATTENDED VEHICLE

FAILURE TO DISPLAY DISABLE PLACARD

LICENSE PLATE DISPLAY (FRONT/REAR)
For Sale
Time 2 (HR) Parking
Expired Registration
Within Intersection
7 6
7 22
0 4
6 3
0 43
0 Parking Citations
January - 632
0 10 20 30 40 50 60 70
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

OVERWEIGHT RESTRICTED

FIRE LANE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS

HANDICAP/DISABLED ZONE

VIOLATIONS JANUARY
3 44
4 3
1 11
62 3
37 5
30 28
33 15
Night Day - Residential
0 50
100
150
200
250
300 (61) (269)
STREET SWEEPING – 330
Night
Day -
Residential
Parking Citations
January Continued 0 2
468 10 12 14 16 18 20

YELLOW/GREEN/WHITE

NO PARKING- OPPOSITE SIDE OF STREET

BLOCKING ACCESS RAMP

BLOCK DISABLED ZONE

ADMIN FEE

UNATTENDED VEHICLE

FAILURE TO DISPLAY DISABLE PLACARD

LICENSE PLATE DISPLAY (FRONT/REAR)
For Sale
Time 2 (HR) Parking
Expired Registration
Within Intersection
8 12
222
0 3
11 4
11 19
1 City Council Agenda Report
Agenda Item No. 7.a.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE JOINT MEETING

WITH VALLE LINDO SCHOOL DISTRICT-BOARD OF

EDUCATION AND THE REGULAR CITY COUNCIL MEETING
MINUTES OF FEBRUARY 13, 2024
SUMMARY: Staff is requesting approval of Minutes for the February 13, 2024, Joint and Regular City Council Meetings.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the February 13, 2024, Joint Meeting with Valle Lindo School District-Board of Education, and the Regular City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Mtg Minutes 2-13-24
B. DRAFT Jt Special CC & VLSD Mtg Minutes 2-13-24

ATTACHMENT A

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, February 13, 2024 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 PM.

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

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

2. PLEDGE OF ALLEGIANCE – Lynn Tran, Valle Lindo School District, led the Pledge of Allegiance.

3. INVOCATION – William Gil, Knights of Columbus, offered the invocation.

Anthony Taylor, City Attorney, announced the following: Presentation Item 4.b. moved to the next city council meeting and item 4.c. additional material was received and distributed to City Council, posted on the City’s Website and copies were available from the City Clerk.

4. PRESENTATIONS

4.a. Mayor and Council presented certificates to the El Monte/South El Monte Jets Cheer Teams, Pee-Wee Division Placing 2nd in the San Gabriel Valley Junior All American Competition and 1st place in the SHARP Competition with the Gremlin Division Placing 2nd in the San Gabriel Valley Junior All American Competition as well as the JAMZ Nationals and Placing 1st at the SHARP Competition. The Jets Cheer Team Program Received the City Spirit Award for the Most Pride and Spirit Shown at the San Gabriel Valley Junior All American Competition and the Judges' Choice Award at the SHARP Competition.

PRESENTATIONS (CONTINUED)

4.b. Presentation of Years of Service Awards to City Employees – Moved to the next City Council Meeting.

4.c. Presentation by Dr. Julia Ruedas, Senior Program Manager & Policy Analyst, LAC+USC Medical Center Foundation on Reducing Youth Access to Tobacco Products
Mayor Olmos requested General Business Item 9.d. be heard at this time. Council concurred with no objections.

GENERAL BUSINESS

9.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-127,

APPROVING A LICENSE AGREEMENT WITH VACCO INDUSTRIES
FOR PARKING SPACES AT 1530 CENTRAL AVENUE, SOUTH EL

MONTE, CALIFORNIA
Mayor Olmos announced the item.

Mayor Olmos provided public comment.

Public Comment:

1. Edwarda Sauceda, resident, spoke in support of approving the item.

Motion by Councilmember Angel, seconded by Mayor Pro Tem Bojorquez to adopt Resolution No. 24-127, approving a license agreement for leasing parking spaces to Vacco Industries and authorize the City Manager to execute agreement.

Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

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

ORDINANCES
Motion by Councilmember Angel, seconded by Councilmember Acosta to approve the agenda as amended. Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

Dianna Gomez, Executive Assistant to City Council provided a cake in celebration of Councilmember Angel’s birthday.

1. Edwarda Sauceda, resident, thanked Councilmember Angel for all his devotion for the El Monte/South El Monte Jets Program and commented on sales of tobacco, CM Measure, and wished everyone a Happy Valentine’s Day.

7. CONSENT CALENDAR
Anthony Taylor, City Attorney, announced for consent calendar Item 7.k. the terms and compensation of the Employment Agreement with Iyob Tessema for the Director of Human Resources & Risk Management.

Motion by Councilmember Angel, seconded by Councilmember Acosta to approve the agenda as amended. Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

7.a. Approved the Minutes of the January 9, 2024, Joint Special Meeting with Valle Lindo School District-Board of Education, and the Regular City Council Meeting.

7.b. Adopted Resolution No. 24-121, authorizing payment of City expenditures for the period January 10, 2024, through February 13, 2024, totaling $1,796,277.21.

7.c. Approved the Women's Empowerment event to be held on Saturday, March 9th, from 10:00 am to 12:30 pm at the South El Monte Senior Center and approved the allocation of $3,000.00 from the City's Special Events account 01-151-1543-5952 to host the event.

CONSENT CALENDAR (CONTINUED)

7.d. Received and filed the County Oversight Board approved Successor Agency's ROPS 24-25 by adopting Resolution No. OB 24-1.

7.e. Rejected the six (6) proposals received and authorize the re-advertisement of the Request for Proposals (RFP) for Janitorial Maintenance Service and authorized staff to solicit new proposals to ensure the City receives the best pricing available.

7.f. Adopted Resolution No. 24-122, accepting the completion of FY 2022-23 Residential Street Rehabilitation Project, authorized City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office, and approved releasing the retention accordingly.

7.g. Adopted Resolution No. 24-123, repealing Resolution No. 22-83 and amending the City's Conflict of Interest Code which formally codifies the revisions to the Code for the City.

7.h. Adopted Resolution No. 24-124, awarding a PSA to Bear Electrical Solutions, Inc. for Traffic Signal Maintenance Services, in the amount of $157,500 and authorized the City Manager to execute agreement.

7.i. Approved the RFP to solicit proposals from qualified consultants to provide Curb Address Number Painting Services.

7.j. Authorized staff to Advertise Notice Inviting Bids (NIB) for Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd - Michael Hunt Drive.

7.k. Adopted 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 authorized the City Manager to execute the agreement.

8. PUBLIC HEARINGS

8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-126,

AUTHORIZING THE REPROGRAMMING AND PROGRAMMING OF

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

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

Rene Salas, City Manager introduced John Poehler, Director of Public Works who presented the staff report.

PUBLIC HEARINGS (CONTINUED)
Item 8.a.

Motion by Mayor Pro Tem Bojorquez, seconded by Councilmember Acosta 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 authorized 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.

Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

9. GENERAL BUSINESS

9.a. CONSIDERATION FOR AUTHORIZATION TO SEEK REQUEST FOR

PROPOSALS (RFP) TO IMPLEMENT THE CITY'S COMMERCIAL

CANNABIS OPERATIONS REGULATORY PROGRAM AND PROVIDE

APPLICATION EVALUATION SERVICES
Mayor Olmos announced the item and Rene Salas, City Manager introduced Guillermo Areola, Director of Community Development who presented the staff report
Motion by Mayor Pro Tem Bojorquez, seconded by Councilmember Angel to approve the Request for Proposals (RFP) to solicit proposals from qualified consultants to implement the City's Commercial Cannabis Operations Regulatory Program and provide Application Evaluation Services.

9.b. CONSIDERATION AND APPROVAL OF THE 2024 NIGHT MARKETS,

SUMMER CONCERT SERIES AND FOURTH OF JULY CELEBRATION

CONCERT BAND PERFORMANCES
Mayor Olmos announced the item and Ariana De La Cruz, Director of Community Services presented the staff report.

Discussion ensued between City Council and Ariana De La Cruz, Director of Community Services reviewing the list of potential bands for the 2024 Night Markets (4), Summer Concert Series (6) and fourth of July Celebration (1).

GENERAL BUSINESS (CONTINUED)

Item 9.b.

Motion by Councilmember Angel, seconded by Mayor Pro Tem Bojorquez to approve the following:

Night Markets (4): April Market “Impulse,” May Market “Melodia Versalit,” September Market “DJ Stillo,” and October Market “Bumptown.” Summer Concert Series (6): “Cold Duck,” “Chico,” “Suave,” “Pulp Vixen,” “Joe Montelongo,” and “Soto.”
Fourth of July Celebration: “Chico” or “Suave. Second choice: “Platinum Beat Band.”
Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

9.c. CONSIDERATION TO RECEIVE AND FILE 2023–2024 CALIFORNIA

LEGISLATION UPDATE
Mayor Olmos announced the item and Anthony Taylor, City Attorney presented the staff report.

At 7: 34 p.m. Councilmember Angel left the Chambers
At 7:36 p.m. Councilmember Angel returned.

Motion by Councilmember Angel, seconded by Mayor Pro Tem Bojorquez to received and file the report. Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

9.d. Mayor Olmos requested General Business Item 9.d. be heard after Presentations. Council concurred with no objections. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-127, APPROVING A

LICENSE AGREEMENT WITH VACCO INDUSTRIES FOR PARKING
SPACES AT 1530 CENTRAL AVENUE, SOUTH EL MONTE,

CALIFORNIA

GENERAL BUSINESS (CONTINUED)

9.e. CONSIDERATION OF RESOLUTION NO. 24-128, RESCINDING RESOLUTION NO. 23-67, AND AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND EXECUTE A NEW PARKING LICENSE AGREEMENT
WITH COUNTY OF LOS ANGELES AT 1415 AND 1441 SANTA ANITA AVENUE
Mayor Olmos announced the item.

Motion by Councilmember Angel, Seconded by Mayor Pro Tem Bojorquez to Rescind Resolution No. 23-67 and adopt Resolution No. 24-128, authorizing the City Manager to negotiate and execute a license agreement for the use of City parking spaces by the County. Motion passed 4-0-1, by the following vote:

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

ABSENT: Councilmember(s): Delgado

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the Mayor and Council Member Academy through the League of California Cities held January 24-26, 2024, in Monterey, California.

Mayor Pro Tem Bojorquez announced he also attended the Mayor and Council Member Academy through the League of California Cities held January 24-26, 2024, in Monterey, California and the City’s Lunar New Year Luncheon.

Councilmember Angel announced he attended Pastor Charlie Corum’s quarterly meeting, the Mayor and Council Member Academy through the League of California Cities held January 24-26, 2024, in Monterey, California, the City’s Lunar New Year Luncheon, and the City’s Senior Valentines Day Luncheon.

Councilmember Delgado – Absent.

Mayor Olmos announced she attended the Mayor and Council Member Academy through the League of California Cities held January 24-26, 2024, in Monterey, California. The City’s Lunar New Year Luncheon, Senior Valentine’s Day Luncheon, Pastor Charlie Corum’s quarterly meeting, and that SEAACA will have adoptions on Valentine’s Day.

11. CORRESPONDENCE – None

12. COUNCILMEMBERS’ AGENDA – None

13. CLOSED SESSION

At 8:00 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.

13.a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Employees Association and the South El Monte Executive Management Team Association

13.b. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – (two cases)

13.c. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL EXPOSURE TO

LITIGATION
Pursuant to Government Code Section 54956.9(d)(2)
Edison claim related to pole fees imposed for installation of poles in the right-of-way.

13.d. CONFERENCE WITH LEGAL COUNSEL – THREAT TO THE SECURITY

OF PUBLIC BUILDINGS
Pursuant to Government Code Section 54957
At 8:59 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present (Delgado ABSENT).

Anthony R. Taylor, City Attorney, announced City Council discussed Items 13.a. through 13.d., no action taken, nothing to report.

14. ADJOURNMENT
There being no further business coming before this body, at 9:00 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, February 27, 2024, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

ATTACHMENT B

CITY OF SOUTH EL MONTE

JOINT SPECIAL MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND

VALLE LINDO SCHOOL DISTRICT - BOARD OF EDUCATION

MINUTES
Tuesday, February 13, 2024 - 5:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 5:03 PM.

1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Angel, Mayor Pro Tem Bojorquez, and Mayor Olmos
ABSENT: Councilmember(s): Delgado
Board Member(s): Lauria, Rodriguez, Rubio, Vice President Martinez, and President Castillo
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Ariana De La Cruz, Director of Community Services; John Poehler, Director of Public Works, and Sabrina Muhne, Deputy City Clerk.

SCHOOL DISTRICT STAFF: Dr. Elizabeth Evans
Zoom was provided for the Public to participate during public comment via teleconference.

2. PLEDGE OF ALLEGIANCE – Mayor Gloria Olmos, led the Pledge of Allegiance.

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

ORDINANCES
A motion was made by Councilmember Angel, seconded by Councilmember Acosta to approve the agenda as amended. Motion passed 4-0-1, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): Delgado
Motion passed 5-0, by the following vote:

AYES: Board Member(s): Lauria, Rodriguez, Rubio, Vice President Martinez, and President Castillo
NAYS: Board Member (s): None

4. PUBLIC COMMENT
Mayor Olmos opened public comment there being none, closed public comment.

5. GENERAL BUSINESS

5.a. PRESENTATION OF THE DESIGN OPTIONS FOR THE NEW TEMPLE

PARK MULTI-PURPOSE COMMUNITY ROOM, SNACK ROOM, AND

RESTROOMS REHABILITATION PROJECT
Mayor Olmos announced the item, City Manager Rene Salas then introduced Owner and Architect of LOC Architects, Poonam Sharma, who provided a PowerPoint presentation on various design options.

Discussion ensued between City Council and Board Members on the following:
design options, square footage, longevity, concerns with roof maintenance, installation of a retractable gate, amount of glass used in the designs, privacy, security/surveillance, budget, necessary funds, consideration of installing solar panels, sustainability of structure, conversion of old snack bar into a storage room, maintenance of new snack bar and window facing fields, up-to-date appliances, and location of bathrooms.

Architect Sharma ensured that the square footage would be considered under the budget.

City Manager Rene Salas stated that the current funds of 1.2 million would be used to start the project, that more funds will need to be secured but that the design still needs to be presented to the State Architect Board. Mr. Salas noted that the city is looking at earmarks.

5.b. DISCUSSION ON THE FORMATION OF A SUBCOMMITTEE FOR THE

NEW TEMPLE PARK MULTI-PURPOSE COMMUNITY ROOM, SNACK

BAR, AND RESTROOMS REHABILITATION PROJECT
Mayor Olmos announced the item.

City Attorney Anthony Taylor provided a nuance of the Ralph M. Brown Act regarding subcommittees stating an agenda would need to be created for these types of meeting and open to the public.

Motion by Councilmember Acosta, seconded by Councilmember Angel to nominate Mayor Olmos and Councilmember Angel to the subcommittee. Motion passed 4-0-1, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Mayor Pro Tem Bojorquez,

and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): Delgado
Motion by Board Member Ortiz, seconded by Vice President Martinez to nominate President Castillo and Board Member Rubio to the subcommittee and Dr. Evans as staff. Motion passed 5-0, by the following vote:

AYES: Board Member(s): Lauria, Rodriguez, Rubio, Vice President Martinez, and President Castillo
NAYS: Board Member (s): None
City Manager Rene Salas noted himself and Director of Community Services Ariana De La Cruz would be the city’s staff on the subcommittee.

6. ADJOURNMENT
There being no further business coming before this body, at 5:47 p.m., Mayor Olmos adjourned the meeting a Regular Meeting of the South El Monte City Council immediately following the Joint Meeting at 6:00 p.m. ______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-129, APPROVING WARRANTS FOR THE PERIOD OF
FEBRUARY 14, 2024, THROUGH FEBRUARY 27, 2024
SUMMARY: Authorizing payment of City expenditures for the period of February 14, 2024, through February 27, 2024, totaling $1,768,007.17.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 129, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 24-129
B. Exhibit to Resolution 24-129

ATTACHMENT A

RESOLUTION NO. 24-129

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF FEBRUARY 14, 2024, THROUGH FEBRUARY 27,
2024, TOTALING $1,768,007.17.

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

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

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 23/24 Electronic Warrants 02/14/24-02/27/24 DFT0001397-1495 $429,057.88 FY 23/24 Regular Warrants 02/14/24-02/27/24 13725-13789 $1,183,285.01 Payroll Check PPE 02/17/24 1720-1725 $5,460.56
Payroll Direct Deposit PPE 02/17/24 6004-6111 $150,203.72 TOTAL EXPENDITURES RESOLUTION NO. 24-129 $1,768,007.17
PASSED, APPROVED, AND ADOPTED this 27th 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, do hereby certify that the foregoing Resolution, being Resolution No. 24-129, 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 27th day of February 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk
Vendor Name
ANDY PEREZANDY PEREZAUDOORMATICS USA, INCBALTAZAR ESTRADALETICIA PALMANATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSSTATE OF CA FRANCHISE TAX BOARDBRIANNA BADARBRIANNA BADARJOSEPH VASQUEZCRISTINA PARDOELIZABETTE MIRANDANICOLE PENA2010 OFFICE FURNITURE, INCAC PROS, INCAC PROS, INCALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALL AMERICAN ASPHALTALL IN ONE POSTER COMPANY, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAQUA PURE DRINKING WATERBROTHERS AWARDS & TROPHIESBUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.

ATTACHMENT B
Amount

01.0140.1440.5215 13745 02/21/2024 JAN'24 BLDG INSPECTION SVCS 9,138.92

01.0100.1050.5940 13744 02/21/2024 RECOGNITION PLAQUES 132.0001.0140.1440.5215 13745 02/21/2024 JAN'24 BLDG OFFICIAL SVCS 620.0001.0140.1440.5215 13745 02/21/2024 JAN'24 BUSINESS LICENSE INSPECTION SVCS 440.0001.0170.1720.5406 13743 02/21/2024 DRINKING WATER/ YARD 103.9301.0140.1430.5406 13742 02/21/2024 DEPT SUPPLIES 166.4101.0170.1710.5520 13742 02/21/2024 DESK CHAIR/ SFTY CTR 220.4901.0130.1310.5406 13742 02/21/2024 BLANK CHECKS 71.6501.0150.1530.5952 13742 02/21/2024 ITEM RETURN CREDIT (44.08)

01.0140.1430.5406 13742 02/21/2024 COMM DEVELOPMENT SUPP 308.6801.0100.1050.5406 13742 02/21/2024 HR SUPPLIES 146.0501.0140.1430.5406 13742 02/21/2024 DEPT SUPPLIES 110.6001.0170.1020.5406 13742 02/21/2024 DEPT SUPPLIES 51.5401.0140.1440.5406 13742 02/21/2024 BLDG DEPT SUPPLIES 121.2607.0190.1930.5968 13740 02/21/2024 PAVEMENT REHAB PJT RETENTION RELEASE #628 46,712.41

01.0100.1050.5406 13741 02/21/2024 CA & FEDERAL COMBO POSTER 202.9901.0150.1540.5431 13742 02/21/2024 AFTER SCHOOL PRGM SUPP CREDIT (54.89)

01.0100.1030.5215 13739 02/21/2024 JAN'24 FINANCE 2,958.20

01.0100.1030.5215 13739 02/21/2024 JAN'24 HOUSING 5,623.60

01.0100.1030.5215 13739 02/21/2024 JAN'24 ADDITIONAL SVCS 100.7501.0100.1030.5215 13739 02/21/2024 JAN'24 LITIGATION 4,694.60

01.0100.1030.5215 13739 02/21/2024 JAN'24 PERSONNEL 5,593.20

01.0100.1030.5215 13739 02/21/2024 JAN'24 P.W ENGINEERING 4,552.20

17.0900.9020.6025 13738 02/21/2024 DOE/HVAC UPGRADE #602 246,510.00

01.0100.1030.5215 13739 02/21/2024 JAN'24 GENERAL 7,860.30

01.0100.1030.5215 13739 02/21/2024 JAN'24 SPECIAL PJTS 2,870.80

01.0150.1540.5910 13736 02/20/2024 CPRS CONF-PALM SPRINGS/ PER DIEM 448.00

01.0170.1020.5406 13737 02/21/2024 DEPT SUPPLIES 2,231.32

17.0900.9020.6025 13738 02/21/2024 10% RETENTION (12,325.50)01.0170.1020.5956 13733 02/14/2024 BOOT ALLOWANCE REIMB 2024 159.8501.0150.1540.5910 13734 02/20/2024 CPRS CONF-PALM SPRINGS/ PER DIEM 448.00

01.0150.1540.5910 13735 02/20/2024 CPRS CONF-PALM SPRINGS/ PER DIEM 448.00

01.0000.0000.2270 13731 02/08/2024 A.R GARNISHMENT PPE 2/3/24 8.1501.0100.1050.5938 13732 02/14/2024 WINTER'23 EDUCATION REIMB 841.5001.0100.1050.5938 13732 02/14/2024 WINTER'23 BOOK FEE REIMB 95.6301.0000.0000.4554 13728 02/08/2024 COMMUNITY CCTR GYM CANCELLATION RFND 600.00

01.0000.0000.2235 13729 02/08/2024 PPE 2/3/24 508.3301.0000.0000.2230 13730 02/08/2024 PPE 2/3/24 6,270.00

01.0000.0000.4554 13725 02/08/2024 COMMUNITY CTR GYM CANCELLATION RFND 600.0001.0170.1710.5520 13726 02/08/2024 LED-ROPE LIGHTS/ CHALL 165.3401.0150.1530.5952 13727 02/08/2024 2/13/24 DJ SVCS/ LUNCHEON 400.00 Warrant Register
South El Monte, CA Council Meeting 02/27/24
Account Number Payment Number Payment Date Description (Item)

01.0000.0000.4554 13725 02/08/2024 COMMUNITY CTR GYM CANCELLATION RFND 600.00 BUTLER CHEMICALS, INC.

CHRIS ALVAREZCR ASSOCIATES, INC.D.R. MYERS DISTRIBUTING CO. INCDAVID MAIDURRELL JOHNSONEL MONTE PRINTINGEL MONTE PRINTINGEL MONTE PRINTINGELECNOR BELCO ELECTRIC, INCELECNOR BELCO ELECTRIC, INCEWING IRRIGATIONEWING IRRIGATIONGENTRY BROTHERS INCGENTRY BROTHERS INCGOVERNMENT JOBS.COM, INC.GOVERNMENT STAFFING SERVICES, INC.GOVERNMENT STAFFING SERVICES, INC.HECTOR ZUMAYAHORTENCIA VASQUEZHOUSING CALIFORNIAINT'L INSTITUTE OF MUNICIPAL CLERKSIRINA LOPEZISRAEL ALACIOJENNIFER SANCHEZJOHN BRYANTJOHN BRYANTJOSHUA MORENOLAB1419LAB1419MICHAEL WALKERMICHAEL WALKERMRC SMART TECHNOLOGY SOLUTIONSOFFICE DEPOTOFFICE DEPOTPACIFIC COAST SIGHTSEEING TOURS & CHARTERS INCPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPROPERTY HEALTH INCPROPERTY HEALTH INCQUENCH USA, INC.QUENCH USA, INC.QUENCH USA, INC.QUENCH USA, INC.SAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESFADIA, INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INC

02.0170.1760.5962 13777 02/21/2024 LEATHER BELT / YARD SOUTHEAST CONSTRUCTION PRODUCTS,INC 26.50

01.0170.1740.5962 13777 02/21/2024 MEASURING TAPE CITY WIDE 112.9001.0170.1750.5520 13777 02/21/2024 SAND/ FIRE STATION 159.9902.0170.1760.5540 13777 02/21/2024 FORM OIL & SCREW ANCHORS / ST & RD MTNC 147.5301.0120.1210.5919 13775 02/21/2024 JAN'24 PUBLISH CITY NOTICE/ SCTR IMPVMTS 1,207.77

17.0900.9020.6025 13776 02/21/2024 LIGHTING UPGRADES/ CITY BLDG'S 48,703.00

01.0160.1650.5520 13777 02/21/2024 DRAGGING SPIKES/ NTP FIELDS 37.0401.0160.1620.5520 13774 02/21/2024 FEB'24 WATER FILTER/ SCTR 64.9501.0160.1610.5520 13774 02/21/2024 JAN'24 WATER FILTER/ CCTR 38.5901.0120.1210.5919 13775 02/21/2024 JAN'24 PUBLISH CITY NOTICE/ CCTR IMPVMTS 1,207.7701.0160.1610.5520 13774 02/21/2024 NOV'23 WATER FILTER/ CCTR 38.5901.0100.1020.5405 13774 02/21/2024 FEB'24 WATER FILTER/ CHALL 126.7901.0160.1610.5520 13773 02/21/2024 ASBESTOS & LEAD SURVEY 667.5001.0160.1620.5520 13773 02/21/2024 ASBESTOS & LEAD SURVEY 667.5044.0800.8020.5215 13771 02/21/2024 1/26/24 SENIOR EXCURSION TRANSPORTATION 1,356.2501.0140.7020.5215 13772 02/21/2024 DEC'23 ADMIN CITE PROCESSING SVCS 676.6001.0140.1100.5215 13772 02/21/2024 DEC'23 PARKING CITE SVCS 4,306.73

01.0130.1330.5950 13769 02/21/2024 10/30/23-1/29/24 COPY OVERAGE 2,484.70

01.0100.1020.5405 13770 02/21/2024 ADMIN SUPPLIES 34.3501.0100.1020.5405 13770 02/21/2024 ADMIN SUPPLIES 35.3944.0800.8010.5956 13767 02/21/2024 DRIVERS UNIFORM SHIRTS 305.1101.0151.1541.5215 13768 02/21/2024 2/10/24 BBALL OFFICIAL SVCS 120.0001.0151.1541.5215 13768 02/21/2024 2/17/24 BBALL OFFICIAL SVCS 120.0001.0151.1541.5215 13765 02/21/2024 2/17/24 BBALL OFFICIAL SVCS 150.0001.0151.1541.5215 13766 02/21/2024 2/10/24 BBALL OFFICIAL SVCS 150.0001.0150.1540.5956 13767 02/21/2024 RECREATION UNIFORM SHIRTS 235.1201.0150.1510.5204 13763 02/21/2024 2/6/24 COMM SVCS COMMISSION MTG 100.0001.0140.1430.5910 13764 02/21/2024 2/12/24 MILEAGE REIMBURSEMENT 69.4301.0151.1541.5215 13765 02/21/2024 2/10/24 BBALL OFFICIAL SVCS 120.0001.0140.1430.5908 13760 02/21/2024 HOUSING CONFERENCE FEE 400.0001.0120.1210.5914 13761 02/21/2024 IIMC ANNUAL MEMBERSHIP FEE 125.0001.0000.0000.4554 13762 02/21/2024 2/11/24 MVD COMM RM DEPOSIT RFND 50.00

01.0100.1050.5215 13757 02/21/2024 1/29-2/8/24 MUNI TEMP SVCS/ H.R DIRECTOR 11,250.0001.0000.0000.4554 13758 02/21/2024 2/10/24 COMM ROOM/ DEPOSIT RFND 50.0001.0150.1510.5204 13759 02/21/2024 FEB'24 COMM SVCS COMMISSION MTG 100.0068.0900.9000.5968 13755 02/21/2024 JAN'24 CON/MER GMWY #407 718,472.90

01.0100.1050.5931 13756 02/21/2024 AUG'23-AUG'23 NEOGOV HR PRGM/ LICENSE 1,181.7001.0100.1050.5215 13757 02/21/2024 1/29-2/8/24 MUNI TEMP SVCS/ H.R ANALYST 6,037.5001.0160.1650.5520 13754 02/21/2024 IRRG REPAIRS/ NTP FIELD 270.0101.0170.1710.5520 13754 02/21/2024 ICE MAKER LID / CHALL 78.4168.0900.9000.5968 13755 02/21/2024 5% RETENTION (35,923.65)01.0140.1440.5406 13752 02/21/2024 BLDG DEPT BUSINESS CARDS 98.9640.0900.9000.5968 13753 02/21/2024 JAN'24 SIGNAL/CON #295 9,000.00

40.0900.9000.5968 13753 02/21/2024 JAN'24 SIGNAL/CON #295 (450.00)

01.0151.1541.5215 13751 02/21/2024 2/17/24 BBALL OFFICIAL SVCS 150.0001.0120.1210.5406 13752 02/21/2024 CITY CLERK BUSINESS CARDS 44.4901.0140.1430.5406 13752 02/21/2024 COMM DEV BUSINESS CARDS 49.4968.0900.9080.5215 13748 02/21/2024 NOV'23-JAN'24 PJT MGMT #140 15,952.50

01.0120.1210.5406 13749 02/21/2024 2024 I.D CHECKING GUIDE 37.4201.0150.1510.5204 13750 02/21/2024 FEB'24 COMM SVCS COMMISSION MTG 100.0001.0160.1620.5520 13746 02/21/2024 KITCHEN MTNC/ SCTR 1,052.15

01.0100.1050.5938 13747 02/21/2024 2024 EDUCATION REIMB/ MOLD COURSE 195.00

SOUTHEAST CONSTRUCTION PRODUCTS,INC
SOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSUPERIOR COURT OF CA, COUNTY OF LATHE SAUCE CREATIVE SERVICES CORP.THE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTHE SMOG SPOTTOWNSEND PUBLIC AFFAIRSTRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRUSAICVIEN HOWEST & ASSOCIATES ENGINEERING, INC.WHITTIER FERTILIZERWHITTIER FERTILIZERXEROX CORPORATIONYAID MORENOZOOM AUTO PARTS, INCAFLAC WORLDWIDE HEADQUARTERSAFLAC WORLDWIDE HEADQUARTERSATHENS SERVICESATHENS SERVICESCALPERSCALPERSCALPERSCALPERSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDELTA DENTAL OF CALIFORNIADEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURY

01.0000.0000.2205 DFT0001408 01/09/2024 PPE 1/6/24 FEDERAL DEPARTMENT OF THE TREASURY 71.32

01.0000.0000.2205 DFT0001407 01/12/2024 PPE 1/6/24 FEDERAL 16,989.63

01.0000.0000.2215 DFT0001407 01/12/2024 PPE 1/6/24 MEDICARE 5,930.26

01.0000.0000.2215 DFT0001407 01/12/2024 PPE 1/6/24 FICA 25,357.82

01.0000.0000.2205 DFT0001406 01/26/2024 PPE 1/20/24 FEDERAL 17,397.40

01.0000.0000.2215 DFT0001406 01/26/2024 PPE 1/20/24 FICA 25,422.92

01.0000.0000.2215 DFT0001406 01/26/2024 PPE 1/20/24 MEDICARE 5,945.64

01.0000.0000.2020 DFT0001404 01/25/2024 PPE 1/20/24 RATE PLAN 685 9,395.72

01.0000.0000.2020 DFT0001404 01/25/2024 PPE 1/20/24 RATE PLAN 27216 17,203.87

01.0000.0000.2260 DFT0001405 01/24/2024 FEB'24 DENTAL 5,962.42

01.0000.0000.2020 DFT0001402 01/19/2024 PPE 1/6/24 RATE PLAN 685 9,360.96

01.0000.0000.2020 DFT0001403 01/25/2024 JAN'24 RATE PLAN 27216 349.6401.0000.0000.2020 DFT0001404 01/25/2024 PPE 1/20/24 RATE PLAN 23047 1,990.63

01.0100.1050.5945 DFT0001401 01/19/2024 FEB'24 EMPLOYER SHARE OF RETIRED 1,099.00

01.0000.0000.2020 DFT0001402 01/19/2024 PPE 1/6/24 RATE PLAN 27216 16,105.90

01.0000.0000.2020 DFT0001402 01/19/2024 PPE 1/6/24 RATE PLAN 23047 1,990.62

01.0000.0000.2250 DFT0001401 01/19/2024 FEB'24 ACTIVE EMPLOYEE PREMIUM 81,149.67

01.0100.1050.5941 DFT0001401 01/19/2024 FEB'24 ADMIN FEE/ ACTIVE 259.6801.0100.1050.5941 DFT0001401 01/19/2024 FEB'24 ADMIN FEE/ RETIRED 23.9702.0170.1760.5550 DFT0001400 02/16/2024 FEB'24 SWEEPER SVCS 6,140.00

01.0000.0000.2225 DFT0001397 01/08/2024 DEC'23 INSURANCE 1,322.84

01.0000.0000.2225 DFT0001398 01/25/2024 JAN'24 INSURANCE 1,026.36

02.0170.1760.5550 DFT0001399 01/16/2024 JAN'24 SWEEPER SVCS 6,140.00

01.0130.1330.5950 13787 02/21/2024 1/30-2/28/24 COPIER LEASE 1,984.95

01.0151.1541.5215 13788 02/21/2024 2/10/24 BBALL OFFICIAL SVCS 150.0001.0170.1770.5525 13789 02/21/2024 #32 RIGHT TIRE REPLACEMENT 200.0068.0900.9000.5968 13785 02/21/2024 11/1-1/31/24 SAFE ROUTES TO SCHOOL #110 18,000.00

01.0160.1650.5520 13786 02/21/2024 FERTLIZER-SR FIELD/ NTP 439.9001.0170.1750.5520 13786 02/21/2024 MULCH/ FIRE STATION 374.8501.0170.1105.5974 13782 02/21/2024 NOV'23 PJT MGMT #636 1,105.00

01.0130.1310.5215 13783 02/21/2024 FEB'23 ACA MONTHLY 1,061.21

01.0151.1541.5215 13784 02/21/2024 2/17/24 BBALL OFFICIAL SVCS 120.00

01.0170.1105.5215 13782 02/21/2024 NOV'23 ATP CYCLE 6 SVCS 363.0046.0460.9000.5215 13782 02/21/2024 NOV'23 SEWER RATE STUDY RFP 1,750.00

01.0170.1105.5974 13782 02/21/2024 NOV'23 PJT MGMT #635 1,105.00

01.0170.1770.5525 13780 02/21/2024 #7 SMOG INSPECTION 40.0001.0100.1020.5215 13781 02/21/2024 JAN'24 CONSULTING SVCS 6,750.00

68.0900.9000.5215 13782 02/21/2024 NOV'23 ADMIN SVCS #252 4,060.00

44.0800.8010.5525 13780 02/21/2024 #24 SMOG INSPECTION 40.0044.0800.8010.5525 13780 02/21/2024 #20 SMOG INSPECTION 70.0001.0170.1770.5525 13780 02/21/2024 #13 SMOG INSPECTION 40.0001.0170.1770.5525 13780 02/21/2024 #12 SMOG INSPECTION 70.0001.0170.1770.5525 13780 02/21/2024 #22 SMOG INSPECTION 40.0001.0170.1770.5525 13780 02/21/2024 #95 SMOG INSPECTION 60.0001.0170.1770.5525 13780 02/21/2024 #2 SMOG INSPECTION 40.0001.0170.1770.5525 13780 02/21/2024 #15 SMOG INSPECTION 40.0001.0170.1770.5525 13780 02/21/2024 #3 SMOG INSPECTION 40.0001.0170.1760.5540 13777 02/21/2024 PLASTER SAND-FIRESTATION 120.0001.0140.1100.5215 13778 02/21/2024 DEC'23 CITATION REVENUE 6,334.50

01.0100.1040.5921 13779 02/21/2024 FEB'24 NEWSLETTER 6,299.41

02.0170.1760.5540 13777 02/21/2024 PLASTER - FIRE STATION / ST & RD MTNC 40.0002.0170.1760.5540 13777 02/21/2024 CONCREET MIX / ST & RD MTNC 44.98

DEPARTMENT OF THE TREASURY
DEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITJCB FINANCE, PRO. BANK OF THE WESTSO CAL GASSO CAL GASVISION SERVICE PLANWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWALMART COMMUNITY/GECRBWASHINGTON NATIONAL INSURANCE COSPARKLETTSSPARKLETTSUS BANK VOYAGER FLEET SYSSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATER

01.0170.1770.5950 DFT0001417 01/12/2024 DEC'23 TRACTOR LEASE 1,694.67

01.0170.1730.5720 DFT0001437 01/22/2024 12/7-1/5/24 1903 IRRIG DURFEE 136.64

01.0170.1730.5720 DFT0001438 01/24/2024 12/11-1/9/24 2000 IRRIG SANTA ANITA 68.34

01.0170.1730.5720 DFT0001439 01/09/2024 11/22-12/21/23 1530 IRRG CENTRAL 406.3801.0170.1730.5720 DFT0001434 01/24/2024 12/11-1/9/24 MERCED N/W SANTA ANITA 59.20

01.0170.1730.5720 DFT0001435 01/19/2024 12/6-1/4/24 1222 IRRIG PECK 318.83

01.0170.1730.5720 DFT0001436 01/16/2024 1/1-2/1/24 1900 N CENTRAL 108.3301.0170.1730.5720 DFT0001431 01/24/2024 12/11-1/9/24 1900 N CENTRAL 159.3801.0170.1730.5720 DFT0001432 01/09/2024 11/22-12/21/23 1402 IRR LERMA 1,140.69

01.0170.1730.5720 DFT0001433 01/19/2024 12/6-1/4/24 1508 IRRG PECK 273.3101.0170.1730.5720 DFT0001428 01/19/2024 12/6-1/4/24 1628 IRRIG DURFEE 268.75

01.0170.1730.5720 DFT0001429 01/24/2024 12/11-1/9/24 1500 N CENTRAL 1,160.9901.0170.1730.5720 DFT0001430 01/09/2024 11/22-12/21/23 1819 CENTRAL 500.12

02.0170.1760.5966 DFT0001425 12/27/2023 10/24-11/24/23 FUEL-CITY TRANSPORATION 7,789.7301.0170.1730.5720 DFT0001426 01/16/2024 1/1-2/1/24 1415 N SANTA ANITA 72.22

01.0170.1730.5720 DFT0001427 01/24/2024 12/11-1/9/24 1415 N SANTA ANITA 327.9301.0000.0000.2224 DFT0001423 01/08/2024 JAN'24 LIFE INSURANCE 2,323.73

01.0140.1100.5406 DFT0001424 12/19/2023 NOV'23 WATER SVCS 4.4901.0140.7020.5406 DFT0001424 12/19/2023 NOV'23 WATER SVCS 4.5001.0150.1530.5952 DFT0001422 02/02/2024 CHRISTMAS BLDG DECORATIONS 130.9801.0150.1530.5952 DFT0001422 02/02/2024 CHRISTMAS SUPPLIES 198.5801.0151.1546.5406 DFT0001422 02/02/2024 TOY DRIVE CTR SUPPLIES 225.5001.0151.1546.5406 DFT0001421 01/03/2024 TOY DRIVE GIVEAWAY TOYS 1,150.00

01.0151.1546.5406 DFT0001421 01/03/2024 TOY DRIVE DECORATIONS 304.8201.0151.1546.5406 DFT0001421 01/03/2024 TOY DRIVE DECORATIONS & SUPP 149.7601.0000.0000.2255 DFT0001420 01/18/2024 FEB'24 VISION INSURANCE 784.6801.0150.1530.5952 DFT0001421 01/03/2024 CHISTMAS DECORATIONS SR SVCS 270.1801.0151.1546.5406 DFT0001421 01/03/2024 TOY DRIVE SUPPLIES 131.89

01.0170.1730.5705 DFT0001419 01/11/2024 11/30-1/2/24 1415 SANTA ANITA AVE 159.3101.0000.0000.2270 DFT0001416 01/12/2024 CASE 0980438 150.0001.0000.0000.2270 DFT0001416 01/12/2024 CASE 200000002135289 780.5001.0170.1730.5705 DFT0001418 12/27/2023 11/15-12/14/23 1824 CENTRAL AVE 122.12

01.0000.0000.2270 DFT0001415 01/26/2024 CASE 200000002135289 780.5001.0000.0000.2270 DFT0001416 01/12/2024 CASE 1457313 402.5001.0000.0000.2270 DFT0001416 01/12/2024 CASE 200000002163990 359.0001.0000.0000.2270 DFT0001415 01/26/2024 CASE 0980438 150.0001.0000.0000.2270 DFT0001415 01/26/2024 CASE 200000002163990 359.0001.0000.0000.2270 DFT0001415 01/26/2024 CASE 1457313 402.5001.0000.0000.2210 DFT0001414 01/12/2024 PPE 1/6/24 STATE WTHD'G 5,900.85

01.0000.0000.2230 DFT0001414 01/12/2024 PPE 1/6/24 UI TAX WTHD'G 4,073.04

01.0000.0000.2230 DFT0001414 01/12/2024 PPE 1/6/24 TNG WTHD'G 203.6101.0000.0000.2030 DFT0001412 01/09/2024 PPE 1/6/24 TNG WTHD'G 1.5901.0000.0000.2210 DFT0001412 01/09/2024 PPE 1/6/24 STATE WTHD'G 19.3601.0130.1310.5180 DFT0001413 01/18/2024 4TH QTR 2023 924.2801.0000.0000.2030 DFT0001411 01/26/2024 PPE 1/20/24 TNG WTHD'G 169.2601.0000.0000.2210 DFT0001411 01/26/2024 PPE 1/20/24 STATE WTHD'G 5,966.92

01.0000.0000.2030 DFT0001412 01/09/2024 PPE 1/6/24 UI TAX WTHD'G 31.6801.0130.1310.5180 DFT0001409 01/11/2024 4TH QTR 2023/ FEDERAL 5,635.49

01.0130.1310.5180 DFT0001410 01/18/2024 4TH QTR 2023 146.9601.0000.0000.2030 DFT0001411 01/26/2024 PPE 1/20/24 UI TAX WTHD'G 3,385.19

01.0000.0000.2215 DFT0001408 01/09/2024 PPE 1/6/24 MEDICARE 45.9401.0000.0000.2215 DFT0001408 01/09/2024 PPE 1/6/24 FICA 196.44

SAN GABRIEL VALLEY WATER

SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSPARKLETTSSPARKLETTSSPARKLETTSSPARKLETTS

01.0140.7020.5406 DFT0001488 12/19/2023 JAN'24 WATER SVCS 4.49

01.0140.1100.5406 DFT0001489 01/17/2024 DEC'23 WATER SVCS 23.9801.0140.7020.5406 DFT0001489 01/17/2024 DEC'23 WATER SVCS 23.9801.0170.1730.5710 DFT0001486 01/29/2024 12/14-1/15/24 1530 CENTRAL AVE 1,931.76

01.0170.1730.5710 DFT0001487 01/29/2024 12/14-1/15/24 1824 CENTRAL AVE 597.50

01.0140.1100.5406 DFT0001488 12/19/2023 JAN'24 WATER SVCS 4.5002.0170.1760.5725 DFT0001483 02/14/2024 1/1-1/31/24 STREET LIGHTS 3,760.56

01.0170.1730.5710 DFT0001484 01/29/2024 12/14-1/15/24 1415 SANTA 2,555.80

02.0170.1760.5725 DFT0001485 01/18/2024 12/1-12/31/23 STREET LIGHTS 2,081.20

02.0170.1760.5725 DFT0001480 01/22/2024 12/1-12/31/23 STREET LIGHTS 846.7701.0170.1730.5710 DFT0001481 01/22/2024 12/1-12/31/23 2028 CENTRAL AVE 291.18

01.0170.1730.5710 DFT0001482 01/29/2024 12/14-1/15/24 1556 CENTRAL AVE 1,558.48

01.0170.1730.5705 DFT0001477 01/24/2024 12/14-1/16/24 1530 CENTRAL AVE 721.43

01.0170.1730.5710 DFT0001478 01/22/2024 12/8-1/8/24 1459 SANTA ANITA AVE 465.5502.0170.1760.5725 DFT0001479 01/16/2024 12/1-12/31/23 STREET LIGHTS 3,793.51

01.0170.1730.5705 DFT0001474 01/24/2024 12/14-1/16/24 1450 LIDCOMBE AVE 92.3201.0170.1730.5705 DFT0001475 01/24/2024 12/14-1/16/24 1824 CENTRAL AVE 196.67

01.0170.1730.5705 DFT0001476 01/24/2024 12/14-1/16/24 1900 CENTRAL AVE 338.17

01.0170.1730.5720 DFT0001471 01/23/2024 12/8-1/8/24 1675 IRRIG DURFEE 163.95

01.0170.1730.5720 DFT0001472 01/19/2024 12/6-1/4/24 1109 IRRIG PECK 218.68

01.0170.1730.5705 DFT0001473 01/24/2024 12/14-1/16/24 1556 CENTRAL AVE 970.12

01.0170.1730.5720 DFT0001468 01/22/2024 12/7-1/5/24 11016 GOMEZ PALACIO 27.3301.0170.1730.5720 DFT0001469 01/09/2024 11/22-12/21/23 1556 IRRG CENTRAL 336.0701.0170.1730.5720 DFT0001470 01/09/2024 11/22-12/21/23 1450 LIDCOMBE 278.13

01.0170.1730.5720 DFT0001465 01/24/2024 12/11-1/9/24 2022 N CENTRAL 72.8901.0170.1730.5720 DFT0001466 01/24/2024 12/11-1/9/24 1819 N CENTRAL 245.9901.0170.1730.5720 DFT0001467 01/22/2024 12/7-1/5/24 2018 DURFEE 227.78

01.0170.1730.5720 DFT0001462 01/19/2024 12/6-1/4/24 FARNDON-PECK 68.3401.0170.1730.5720 DFT0001463 02/20/2024 1/5-2/5/24 2018 DURFEE 223.2301.0170.1730.5720 DFT0001464 01/25/2024 12/12-1/10/24 2218 ROSEMEAD 136.6401.0170.1730.5720 DFT0001459 01/09/2024 11/22-12/21/23 1341 ISLAND/SANTA ANITA 39.0701.0170.1730.5720 DFT0001460 01/24/2024 12/11-1/9/24 1556 N CENTRAL 346.1401.0170.1730.5720 DFT0001461 01/24/2024 12/11-1/9/24 N/E MERCED SANTA ANITA 136.64

01.0170.1730.5720 DFT0001457 01/24/2024 12/11-1/9/24 N LERMA/MILLET 223.23

01.0170.1730.5720 DFT0001458 01/19/2024 12/6-1/4/24 1710 IRRIG DURFEE 223.2301.0170.1730.5720 DFT0001455 01/24/2024 12/11-1/9/24 1530 N CENTRAL 296.0701.0170.1730.5720 DFT0001456 01/09/2024 11/22-12/21/23 1415 IRRG SANTA ANITA 476.6901.0170.1730.5720 DFT0001452 01/23/2024 12/8-1/8/24 1450 LIDCOMBE AVE 218.6801.0170.1730.5720 DFT0001453 01/24/2024 12/11-1/9/24 1819 N MERCED 122.9601.0170.1730.5720 DFT0001454 01/19/2024 12/6-1/4/24 THIENES/PARKWAY 27.3301.0170.1730.5720 DFT0001449 01/25/2024 12/12-1/10/24 2004 IRRIG ROSEMEAD 27.3301.0170.1730.5720 DFT0001450 01/24/2024 12/11-1/9/24 1707 N MERCED 81.9601.0170.1730.5720 DFT0001451 01/24/2024 12/11-1/9/24 1652 IRRIG TYLER 136.64

01.0170.1730.5720 DFT0001446 01/19/2024 12/6-1/4/24 1502 IRRIG PECK 291.52

01.0170.1730.5720 DFT0001447 01/24/2024 12/11-1/9/24 10452 E RUSH 68.3401.0170.1730.5720 DFT0001448 01/22/2024 12/7/23-1/5/24 1926 IRR DURFEE 282.4101.0170.1730.5720 DFT0001443 01/30/2024 12/13-1/11/24 2620 ROSEMEAD 159.4001.0170.1730.5720 DFT0001444 01/09/2024 11/22-12/21/23 1450 LIDCOMBE 965.78

01.0170.1730.5720 DFT0001445 01/24/2024 12/11-1/9/24 1824 N CENTRAL 391.6701.0170.1730.5720 DFT0001440 01/30/2024 12/13-1/11/24 2464 ROSEMEAD 268.6601.0170.1730.5720 DFT0001441 01/09/2024 11/22-12/21/23 1500 CENTRAL 683.70

01.0170.1730.5720 DFT0001442 01/19/2024 12/6-1/4/24 1660 IRRIG DURFEE 136.64

CALPERS RETIREMENT
CALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITWASHINGTON NATIONAL INSURANCE CO Grand Total

01.0000.0000.2270 DFT0001494 02/08/2024 CASE 200000002163990 359.0001.0000.0000.2224 DFT0001495 02/01/2024 FEB'24 SUPPLEMENTAL LIFE INSURANCE 2,343.23 1,612,342.89

01.0000.0000.2270 DFT0001494 02/08/2024 CASE 0980438 150.0001.0000.0000.2270 DFT0001494 02/08/2024 CASE 200000002135289 780.5001.0000.0000.2270 DFT0001494 02/08/2024 CASE 1457313 402.5001.0130.1310.5180 DFT0001493 02/12/2024 4TH QTR 2023 139.2001.0000.0000.2030 DFT0001492 02/12/2024 PPE 2/3/24 UI TAX WTHD'G 2,400.70

01.0000.0000.2030 DFT0001492 02/12/2024 PPE 2/3/24 TNG WTHD'G 120.0001.0000.0000.2210 DFT0001492 02/12/2024 PPE 2/3/24 STATE WTHD'G 6,435.51

01.0000.0000.2205 DFT0001491 02/09/2024 PPE 2/3/24 FEDERAL 18,181.25

01.0000.0000.2215 DFT0001491 02/09/2024 PPE 2/3/24 FICA 27,450.22

01.0000.0000.2215 DFT0001491 02/09/2024 PPE 2/3/24 MEDICARE 6,419.80

01.0000.0000.2020 DFT0001490 02/08/2024 PPE 2/3/24 RATE PLAN 685 9,414.70

01.0000.0000.2020 DFT0001490 02/08/2024 PPE 2/3/24 RATE PLAN 23047 1,990.62

01.0000.0000.2020 DFT0001490 02/08/2024 PPE 2/3/24 RATE PLAN 27216 17,442.63

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

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-130, AUTHORIZING THE PURCHASE OF A

TRANSPORTATION VEHICLE FROM DAVEY COACH
SUMMARY: The City of South El Monte was awarded a grant from the Federal Transit Administrative (“FTA”) Section 5310 Program – Enhanced Mobility of Seniors and Individuals with Disabilities Program. The FTA Section 5310 program aims to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. Funds were allocated in the FTA grant to purchase an aging transportation vehicle.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Resolution No. 24-130, approving the purchase of a Class C - Ford E450 Terra Transit Bus from Davey Coach Sales; and

2. Authorize City Manager to negotiate and execute all requisite documents for the purchase.

FISCAL/FINANCIAL IMPACT: The City relied on the California Association for Coordinated Transportation/Morongo Basin Transit Authority’s (CalACT/MBTA) existing purchasing cooperative to secure competitive pricing for the vehicle. The participation in the purchasing cooperative maximizes cost efficiencies. The total cost for the Terra Transit Bus is $134,503.14. Which, $75,600.00 is included in the three-year FTA Section 5310 grant budget. The remaining balance of $58,903.14 will be funded by the City’s Prop A Fund as budgeted within FY 2023-2024. The vehicle is 100% funded by nonGeneral Fund monies.

DISCUSSION: The Senior Services Division operates a comprehensive Dial-A-Ride transportation program that provides curb-to-curb, demand-response transportation service for individuals 60 or older, as well as to legally disabled residents of any age.

Passengers are transported to any destination within the City limits, and up a 15-mile radius outside of city limits for medical appointments only. Other services include transportation of youth who participate in the City’s sponsored after-school program. On a limited basis, bus services are provided for youth and senior excursions, and for special events that are sponsored by the City.

As part of the City’s vehicle maintenance program, staff identified a transportation vehicle that has reached the end of its useful service life (per FTA evaluation criteria) of 5 years and/or 150,000 miles. The transportation division is experiencing a high demand for costly repairs due to the age and mileage of the vehicle. To maintain an adequate operational fleet and to maximize cost efficiencies, staff secured an Assignment to Purchase Agreement from CalACT/MBTA that gives the City the option to purchase Transit Vehicles from the Joint Procurement Cooperative at a price and under the terms and conditions contained in Assignor’s Contract No. 20-01 with the Contractors awarded to on the Procurement.

Staff followed the FTA evaluation criteria above to select the Class C - Ford E450 Terra Transit Bus. The class C -450 Terra Transit Bus has a maximum seating capacity of twenty ambulatory passengers or a combination of eighteen ambulatory passengers and two wheelchair passengers. The City’s current cutaway bus only offers a maximum of fourteen ambulatory passengers or twelve ambulatory passengers and one wheelchair passenger. The new bus will also include a four-security camera system and a double side wheelchair door to allow for easy side wheelchair loading of ADA passengers from the curbside. Staff reviewed several bus options that provided less passenger capacity and found the pricing for the vehicles selected to be fair and reasonable within a competitive market environment as required by the FTA.

ATTACHMENT(S):

A. Resolution No. 24-130
B. Contract

ATTACHMENT A
RESOLUTION NO. 24-130

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A PURCHASE AGREEMENT WITH DAVEY COACH

SALES FOR THE PURCHASE OF A TRANSPORTATION VEHICLE
WHEREAS, Section 3.16.060 of the South El Monte Municipal Code authorizes city manager to purchase supplies, equipment and services, following the bid procedures from a vendor awarded a bid by another public agency if the agency utilized procedures substantially the same as those normally utilized by the City; and
WHEREAS, the California Association for Coordinated Transportation (CALACT), is a cooperative purchasing organization. A review of the CALACT procedures revealed compliance with the City’s Purchasing Ordinance and Purchasing Manual; and WHEREAS, the City received an estimate for a potential vehicle purchases as detailed and identified in the staff report and related attachments. The vehicle is described as a Class C - Ford E450 Terra Transit Bus.

WHEREAS, utilizing CALACT for the purchase of this vehicles, the City saved approximately $12,119.00 off the retail price.

NOW, THEREFORE, the City Council of the City of South El Monte hereby authorize as follows:

SECTION 1: The City Council authorizes the City Manager to execute the agreement with Davey Coach Sales for the purchase of the Class C- E450 Terra Transit Bus in the amount of $134,503.14.

PASSED, APPROVED AND ADOPTED this 27th day of February 2024. _________________________
Gloria Olmos, Mayor
ATTEST:
___________________________________
Donna G. Schwartz, City Clerk
01257.0001/720635.1

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution being Resolution No. 24-130, was adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 27th day of February 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Donna G. Schwartz, City Clerk

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

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL TO REJECT ALL BIDS

AND AUTHORIZE STAFF TO READVERTISE FOR NOTICE

INVITING BIDS (NIB) FOR THE AQUATICS CENTER

SWIMMING POOL REPLASTERING PROJECT (PROJECT
NO. 252)
SUMMARY: The project at the South El Monte Aquatics Center (1500 Central Avenue, South El Monte, CA 91733) includes the demolition and removal of debris associated with the project, and installation of new swimming pool plaster, tile, drain covers, coping, pool lighting, and all additional items included with the pool replastering project. Due to discrepancies on the bids received, staff seeks City Council approval to reject all bids and authorize staff to readvertise for construction bids.

RECOMMENDED ACTION: Staff recommends City Council reject all bids and authorize staff to readvertise the Notice Inviting Bids for the Aquatics Center Swimming Pool Replastering project.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Upon final contract award, staff will prepare a report with findings and recommendations for consideration and approval by City Council.

DISCUSSION: The project at the South El Monte Aquatics Center (1500 Central Avenue, South El Monte, CA 91733) involves the demolition and removal of debris associated with the project, as well as the installation of new swimming pool plaster, tile, drain covers, coping, pool lighting, and all other necessary components included with the pool replastering project.

The construction portion of the project was advertised on November 15, 2023. The following three (3) bids were received by the City at the Bid Opening held on January 17, 2024, at 2:00 PM. Below is the list of Bidders and Bid amounts:

Bidder Name (from low to high) Bid Amount
USA Construction $469,587.73
Condor, Inc. $593,000.00
Gardner Outdoor and Pool
Remodeling
Contractor did not
provide a bid schedule
as part of its bid.

Therefore, total bid
amount is not
provided.

Staff conducted a bid analysis including verifying CA contractor’s licensing, Department of Industrial Relations (DIR) registration, as well as checking state and federal debarment files. The following bid irregularities were identified during the review process:

The bid from Gardner Outdoor and Pool Remodeling did not include a Bid Schedule as part of their bid submittal and lacked a total bid amount.

USA Construction's bid omitted Addendum 1 but acknowledged Addendum 2.

Additionally, subcontractors were not listed on page B-16 of the bid, with the contractor stating that they would provide this information before final agreement if necessary.

Furthermore, the contractor did not include the revised bid schedule, per addendum 2, in its bid. The revised bid schedule per addendum 2 materially changed the work and was not included in their bid.

Condor, Inc.'s bid also failed to incorporate the revised bid schedule per Addendum 2, which contained substantial changes to the work.

All three (3) bids received for the project had irregularities, as identified above. Therefore, staff recommends that the City Council reject all bids and authorize staff to re-advertise the construction bid package for the Aquatics Center Swimming Pool Replastering project.

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

ATTACHMENT(S):

A. (SEM) NOTICE INVITING BIDS SEM SWIMMING POOL REPLASTERING 02-15- 24(963257.1)
01257.0006/963257.1 NOTICE INVITING BIDS NIB-1

NOTICE INVITING SEALED BIDS
FOR

AQUATICS CENTER SWIMMING POOL REPLASTERING PROJECT
LACDA Project Number: 602691-24
City Project No.: 252
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 27, 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 removal of existing plaster and installation of new pool plaster and related work to small and large pools at the Aquatic Center facility located at 1500 Central Avenue, South El Monte, California 91733. 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.

MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. All blank spaces in the proposal shall be properly filled. No oral, telegraphic or telephonic proposals or modifications will be considered.

DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add up to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown by the bidder if there is a discrepancy between these figures. The estimated quantities and amounts are for the purpose of comparison of bids only.

DISQUALIFICATION OF BIDDERS: No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders or making a prime proposal. If there is a reason to believe that collusion exists among the bidders, all bids will be rejected.
01257.0006/963257.1 NOTICE INVITING BIDS NIB-2
TIME OF COMPLETION. The Contractor shall complete all work within 60 working days of the issuance of the Notice to Proceed.

ESTIMATED COST OF WORK. Estimated cost is $500,000.

MANDATORY PRE-BID MEETING. A mandatory pre-bid meeting will be held on March 13, 2024 at 10:00 am, at the project site (Address: 1500 Central Avenue, South El Monte, California 91733).

No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid.

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 accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Because this project is also funded in part by CDBG Federal Funds, Federal Labor Standards Provisions, including the prevailing wage requirements of the Davis-Bacon and Related Acts, those provisions will be enforced. In the case of difference between the State and Federal Wage Rates for a classification or requirement, the higher rate and requirement shall apply. 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.

FEDERALLY FUNDED CDBG PROJECT: This is a Federally-assisted construction project.

Federal Labor Standards Provisions, including the prevailing wage requirements of the DavisBacon and Related Acts will be enforced. Current Wage Decision is provided at the time of the bid advertisement. Bidders shall download updated Wage Decision 10 days prior to Bid Opening, which will be applicable to the contract. Wage Decision can be downloaded from http://www.wdol.gov. On the web site, select the following: State: CALIFORNIA, County: LOS ANGELES, Construction Type: BUILDING, HEAVY & HIGHWAY. In the event of a labor dispute, when Federal and State wage rates are in conflict, the higher of the two will prevail.

The cost of this project is over $100,000, and this will be a HUD Section 3 construction contract.

First preference will be given to a bidder who provides a reasonable bid and is a qualified Section 3 Business Concern. Second preference will be given to a bidder who provides a reasonable bid and commits to achieving the Section 3 employment, training and subcontracting opportunity goals by submitting a written commitment (Economic Opportunity Plan).

DISADVANTAGED BUSINESS ENTERPRISE (“DBE”): There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response 01257.0006/963257.1 NOTICE INVITING BIDS NIB-3
to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire. The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

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 C-53 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.

SUBCONTRACTOR'S LIST: The bid must state the name, location of the place of business, and the California contractor license number of each subcontractor who will perform work or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of 0.5% percent of the prime contractor's total bid or $10,000, whichever is greater. The prime contractor shall list only one subcontractor for each portion of the work as is defined by the prime contractor in his or her bid.

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, unless federal regulations/policies do not allow the substitution of securities. 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.

RETENTION OF RECORDS. Contract shall retain all records for 5 years.

LIQUIDATED DAMAGES. Liquidated damages is $500 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. 01257.0006/963257.1 NOTICE INVITING BIDS NIB-4
If there are any questions regarding this project, please contact in writing via e-mail:

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

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

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 24-131,

ENTERING INTO A GRANT AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CalTrans) FOR THE MERCED AVENUE GREENWAY

PROJECT
SUMMARY: The Merced Avenue Greenway is currently under construction to help maximize the City's opportunities to clean and capture stormwater, reduce greenhouse gas emissions and urban heat island effect, and provide safe active transit connections to local parks, schools, and river connections. The project is currently in the design phase and is anticipated to go out to bid for construction in January 2025.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-131,entering into the 2023 CalTrans Clean California Local Grant Agreement; and

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

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. The State grant award will support the overall construction of the Phase II of the Merced Avenue Greenway North Corridor.

DISCUSSION: As long-term partners on the Merced Avenue Greenway Project, the nonprofit organizations Council for Watershed Health, Active SGV, and Climate Resolve worked with the City to develop and submit a series of grant applications in Spring 2023 to support the construction of the Phase II – North Corridor (currently estimated cost - $11,918,000) as well as engagement, monitoring, technical assistance, and training activities around implementation. The City highlighted the community-driven and “multibenefit” aspects of the project (e.g., increasing groundwater recharge, improving water quality, creating public green-space and transportation corridors, and expanding urban forests) to leverage grant opportunities across multiple State, Federal, and County resources.

The CalTrans Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Approximately $100 million was added to the CCLGP to be made available in the fiscal year (FY) 2023-2024 State budget.

Pursuant to statute, the intent of the CCLGP is to achieve the following goals: (1) reduce the amount of waste and debris within public rights-of-way, pathways, parks, transit centers, and other public spaces; (2) enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect; (3) enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation; and (4) advance equity for underserved communities. All awarded projects must be completed and all implementation funds must be expended by June 30, 2026 (https://cleancalifornia.dot.ca.gov/local-grant-program).

This innovative Greenway partnership between the City of South El Monte (as the lead entity) and non-profit/community-based organizations include:

Council for Watershed Health (CWH)— A 501(c)3 non-profit organization with experience in watershed resource planning using GIS, green infrastructure, environmental assessment, and community engagement. CWH understands the complexities of engaging multiple City agencies, residents, and project stakeholders on large and complex infrastructure projects. It has technical expertise in the design and construction of public right-of-way green infrastructure and stormwater Low Impact Development (LID) projects. CWH serves as the project lead on water resource issues as they pertain to the operations and maintenance of green infrastructure elements, pre- and post-construction project performance monitoring and reporting, and the use of native plants and climateappropriate plants in urban landscape projects.

ActiveSGV— A 501(c)3 community-based nonprofit organization focused on community, open streets, transit improvements, green infrastructure, and advocacy for a more sustainable, equitable and livable San Gabriel Valley. ActiveSGV staff has a long history of working with community residents in the City of South El Monte and understands the needs of its members. ActiveSGV will serve as the lead technical advisor on community engagement and stewardship on the greenway. As is their role for the Phase I – southern corridor, ActiveSGV staff will continue to help develop unified messaging and galvanize local support through information sharing about integrated water management and parallel community benefits.

Climate Resolve— A Los Angeles-based 501(c)3 nonprofit organization dedicated to creating practical solutions to meet climate challenges. Climate Resolve is a national leader in building collaborations to implement regional climate initiatives, developing communication strategies that make local climate impacts relatable to people. It will be integral to this project in sharing and contextualizing the climate science that results from this effort with policy-makers and other local leaders to develop workable climate mitigation and adaptation strategies. It serves as the technical lead on heat island mitigation monitoring and climate resiliency education.

Prior to the County of Los Angeles executing a grant agreement, the City is required to adopt a resolution authorizing a representative to sign the grant agreement, amendments, and requests for disbursement on behalf of the City.

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

ATTACHMENT(S):

A. Resolution No. 24-131
B. Grant Agreement
C. Transmittal Letter
01257.0006/963285.1

ATTACHMENT A
RESOLUTION NO. 24-131

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE CITY MANAGER TO ENTER A GRANT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE MERCED AVENUE GREENWAY

PROJECT
WHEREAS, the City Council of the City of South El Monte is eligible to receive Federal and/or State funding for certain transportation planning related plans through the California Department of Transportation (“CalTrans”); and
WHEREAS, the City is currently in the design phase of the Merced Avenue Greenway Project, which will help maximize the City's opportunities to clean and capture stormwater, reduce greenhouse gas emissions and urban heat island effect, and provide safe active transit connections to local parks, schools, and river connections; and
WHEREAS, the City worked alongside Council for Watershed Health, Active SGV, and Climate Resolve, long-term partners of the Merced Avenue Greenway Project, to prepare and submit grant applications for funding; and
WHEREAS, the City applied to receive project funding from CalTrans Clean California Local Grant Program (“CCLGP”) and was subsequently selected by CalTrans to receive funds under the CCLGP; and
WHEREAS, a Restricted Grant Agreement with CalTrans before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of South El Monte wishes to authorize the City Manager or his designee to execute the grant agreement, any amendments thereto, and requests for disbursement on behalf of the City.

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

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

SECTION 2. The City Council hereby authorizes and directs the City Manager to negotiate and execute the Restricted Grant Agreement with CalTrans, any amendments thereto, and request for disbursement on behalf of the City subject to the City Attorney’s approval as to form.

SECTION 3: The City Clerk shall certify to the passage and adoption of this resolution. 01257.0006/963285.1
PASSED, APPROVED and ADOPTED this 27th 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, do hereby certify that the foregoing Resolution, being Resolution No. 24-131 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 27th day of February 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF SOUTH EL MONTE, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

ATTACHMENT B
City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the Merced Avenue Greenway Project – Northern Corridor project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment.

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

7. Project funding is as follows:

Fund Title* Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-0001
State Program Code 20.30.010.900
FY 2023/24 $3,157,000.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of Local Funds Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $2,935,000.00
Total Participating Costs $3,157,000.00
Total Non-Participating Costs $2,935,000.00
Total Project Costs $6,092,000.00
Notes: *Means the amounts in this column only include participating costs.

No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. $3,157,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is John Poehler, (626) 652-6802. b. CALTRANS’ District Grant Manager is Tammi Altamirano, (213) 266-3601. “District Grant Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

Pauline Wong 12/1/2023
City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

City of South El Monte
Attention: John Poehler, Director of Public Works
Phone Number: (626)652-6802
Email: [email protected]
1415 Santa Anita Ave.

South El Monte, CA 91733
California Department of Transportation
District 7/Division of Local Assistance
Attention: Tammi Altamirano, Clean California Local Grant Manager Phone Number: (213) 266-3601
Email: [email protected]
100 South Main Street
Los Angeles, California 90012

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026.

Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $3,157,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Manager, as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed:
1) Section 1: Invoice
2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs
3) Section 3: Billing Summary
4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6-month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf.

City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY’S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its City of South El Monte
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agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior City of South El Monte
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written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, ThirdParty Contracts. The SCM can be found at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https://dot.ca.gov/programs/localassistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14b, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

City of South El Monte
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1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.

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7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns City of South El Monte
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(including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this City of South El Monte
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RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its City of South El Monte
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contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this City of South El Monte
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paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager.

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026.

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character City of South El Monte
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establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

City of South El Monte
Agreement Number: CCL-5352-024
AMS ADV ID: 0724000125

Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF SOUTH EL MONTE
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:

Date: Date:

By:

Printed Name:

Title:

Date:
“Provide a safe and reliable transportation network that serves all people and respects the environment.”

DIVISION OF LOCAL ASSISTANCE

OFFICE OF INNOVATIVE PROGRAMS
Clean California Local Grant Program
https://cleancalifornia.dot.ca.gov/local-grant-program
Transmittal Letter
December 11, 2023
Dear Grant Recipient:

Congratulations on being selected as a Cycle 2 awardee for the Clean California Local Grant Program (CCLGP)! A list of Cycle 2 awarded projects can be found here:
https://cleancalifornia.dot.ca.gov/local-grant-program/local-grants-cycle-2. Please note the CCLGP is a reimbursement program. Reimbursable work cannot commence on a project until you have a fully executed (i.e., signed) Restricted Grant Agreement (RGA) with Caltrans. Included in our email is the RGA document for your review and signature. The Agreement will need to be executed by both your agency/Tribe and Caltrans before project work can begin. This letter is not a Notice to Proceed. No funds will be released to a grant awardee until the RGA is fully executed/signed by both parties. Expenses incurred prior to the execution of the grant agreement cannot be reimbursed or counted towards any local match requirements for a project.

In addition to the RGA, an Amendment to the Grant Agreement may be included for your review and signature based on previous discussions between your agency/Tribe and your District CCLGP Grant Manager. We encourage you to continue to reach out to your District CCLGP Grant Manager with any questions you may have on these proposed changes to the Grant Agreement. If the Amendment is not included for your review, this is not applicable to your project.

A complete RGA package, that includes the following list of documents, will need to be returned to your District CCLGP Grant Manager before the RGA can be fully executed by Caltrans. Copies of forms that need to be completed and samples of documents have been emailed with this letter.
• RGA signed by authorized signatory as noted in the agency resolution (see page 2 for details on the agency resolution).
• If applicable, amendment to Grant Agreement signed by authorized signatory. • Checklist of Documents to include in the RGA Package.

ATTACHMENT C
December 11, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” • An updated Payee Data Record (form STD. 204) OR W-9 form. Tribes should submit the STD 204 form instead of the W-9 form since they are sovereign nations.

These forms ensure Caltrans has the right information to process grant payments.

If you have not done so already, please email one of these forms to [email protected] and CC your grant manager. In the email, please request confirmation when the form has been processed by Payee Data Records and a Vendor ID has been generated.

If your agency or Tribe has previously completed one of these forms for another Caltrans project and already has a Vendor ID, please submit this form again to [email protected], to ensure that Caltrans has the most up to date information for your agency/Tribe and that it will receive reimbursements in a timely manner.

While completing a form, if you decide to include a Social Security Number (SSN#) instead of the other Tax Identification Numbers, please black the SSN# out, and once the form is received, Payee Data Records will call your agency for the SSN#.
• An agency (i.e., Board, City Council, or Tribal Government) resolution or similar approval document approving the project and authorizing the agency/Tribe to execute the restricted grant agreement with the State of California, Department of Transportation. A sample resolution has been sent with this letter that you can complete with your agency or Tribe’s information and present to your agency/Tribe for approval. Note, some local agencies have a blanket resolution authorizing it to receive state funds and identifying specific managers to sign contracts up to a certain dollar amount. If that applies to your agency/Tribe, you can provide this blanket resolution that authorizes the person signing the RGA instead. In general, if you have an existing resolution that you would like to use instead of the sample resolution provided, please reach out to your District Grant Manager to confirm that it meets the criteria for an agency or tribal resolution.

Also, if you already submitted a resolution with your grant application, please confirm with your District Grant Manager that it meets the criteria for a resolution and that it is still accurate/applies.
• If requesting reimbursement for indirect costs, an approval letter(s) of the indirect cost rate for the fiscal year(s) that your agency/Tribe will be claiming indirect costs from either Caltrans or the federal cognizant agency must be provided.

See page 29 of the Cycle 2 Program Guidelines and the Caltrans Internal Audits Office (CIAO) website for details: https://dot.ca.gov/programs/audits.

To ensure the success of your project, please note the following:

December 11, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” • The Clean California Local Gran Program (CCLGP) homepage is located here:
https://cleancalifornia.dot.ca.gov/local-grant-program. Resources, including the Cycle 2 Program Guidelines, are available to awardees from this main page.

Please re-familiarize yourself with the Grant Guidelines. They will be included in the RGA package as an attachment.
• Invoicing must occur on a regular and timely basis. This is no more frequently than monthly and no less frequently than every six months for projects not requesting advance payments. If your agency or Tribe requested an advance payment, your agency/Tribe shall invoice monthly (refer to the section “Advance Payment Process” of the Program Guidelines). Awardees who requested advance payment will be receiving instructions on how to complete an invoice for this payment, when they receive the executed grant agreement and Notice to Proceed.
• For an item to be reimbursed, it must have been included in the project’s Scope, Cost, and Schedule, align with the Program Guidelines (see the sections “Eligible Activities and Expenses” and “Ineligible Activities and Expenses”), and comply with 2 Code of Federal Regulations (CFR), Part 200.
• If requesting reimbursement of funds to be electronically deposited directly to the agency or Tribe’s account, please complete the Electronic Funds Transfer Document (FA-2656). Note that participation in the EFT program is limited to local agencies that do not have delinquent account receivables with Caltrans. The Federal Employer Identification Number (FEIN #) can be listed on this form. If the SSN# is listed instead, please black this out, and once the form is received, Payee Data Records will call the requestor for the Social Security Number. Mail original form with wet signatures, along with a voided check or a bank reference number, directly to:

Division of Accounting – MS 33
Attn: Suet Wong/Payee Data Records
P.O. Box 168043
Sacramento, CA 95816
It is recommended that when submitting the original form, you include a note requesting confirmation that this form has been processed. Note that it can take up to 30 days between when the form is submitted and when funds can be transferred electronically.
• Quarterly Progress Reports are to be submitted to Caltrans for review in a timely and accurate manner. Your District CCLGP Grant Manager will provide your December 11, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” agency/Tribe instructions on when and how to submit these closer to when the first report will be due.
• The project must be completed, open to the public, and/or all capital funds expended by June 30, 2026. To ensure that the project delivery deadline is met, please ensure you have completed or are close to completing all applicable environmental clearances such as CEQA or NEPA. Also, please verify that any Caltrans encroachment permits or other applicable permits from other agencies have been obtained or are close to being obtained, to ensure that the project delivery deadline will be met.
• Final Delivery Reports and invoicing must be submitted to Caltrans no later than November 1, 2026. The final invoice will be paid upon submission and acceptance of the Final Delivery Report.
• Projects may be subject to an audit by Caltrans to evaluate the following:
o Performance of the project
o Whether project costs incurred and reimbursed are compliant with the following:
 Executed RGA and/or approved amendment(s)
 State and Federal laws and regulations
 Contract provisions
 Program Guidelines
 Approved Indirect Cost Rate
o Consistency with project scope, schedule, benefits, and project outcomes described in the RGA, approved project application, and/or approved amendment(s).

If you have any questions about the RGA or the CCLGP, please contact your District Grant Manager, Tammi Altamirano, Tammi [email protected]. We look forward to working with you!
Sincerely,
Gretchen Chavez
Caltrans Division of Local Assistance
Chief, Office of Innovative Programs
Clean California Local Grant Program
“Provide a safe and reliable transportation network that serves all people and respects the environment” December 11,2023

Enclosed:

Restricted Grant Agreement
Original Grant Application
If applicable, Amendment to Grant Agreement
RGA Checklist
STD 204 Form and W-9 Form
Agency Resolution
CCLGP Guidelines
Electronic Funds Transfer Document (FA-2656)
City Council Agenda Report
Agenda Item No. 7.f.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-133, APPROVING PLANS AND SPECIFICATIONS AND

AWARDING CONSTRUCTION CONTRACT TO JJJ FLOOR
COVERINGS, INC. FOR THE SENIOR CENTER FLOORING

IMPROVEMENTS PROJECT
SUMMARY: On January 10, 2024, the Engineering Department solicited bids for the Senior Center Flooring Improvements Project. The bid opening date was February 13, 2024, at 2:00 PM. The scope of work includes but not limited to the removal and disposal of existing flooring and installation of new vinyl flooring. The lowest responsive bid was submitted by JJJ Floor Coverings, Inc. in the amount of $39,158.

RECOMMENDED ACTION: Staff recommends City Council:

1. Review the bids and find that JJJ Floor Coverings, Inc. has submitted the lowest responsive bid;

2. Adopt Resolution No. 24-133, approving plans and specifications for the Senior Center Flooring Improvements Project and awarding a contract to JJJ Floor Coverings, Inc. in the amount of $39,158 and the additive alternate project scope of $2,103.48 for a combined grand total of $41,261.48;

3. Approve a 15% contingency amount of $6,189.22 for a total project construction budget amount not to exceed $47,450.70; and

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

FISCAL/FINANCIAL IMPACT: The established budget is as follows:

Contract Award Amount $41,261.48
Construction Contingency (15% of contract amount) $ 6,189.22 Total Construction Budget $47,450.70
The cost of the project was incorporated into the City Council-approved budget for FY 23-24.

DISCUSSION: This project includes the removal and disposal of existing flooring and installation of new vinyl flooring at the South El Monte Senior Center, as part of base bid schedule. Additionally, the project also includes additive alternate scope to install walkoff type fixed floor mats and related work.

The construction portion of the project was advertised on January 10, 2024. The following four (4) bids were received by the City at the Bid Opening held on February 13, 2024, at 2:00 PM. Below is the list of bidders and bid amounts:

Bidder Name (from low to high) Bid Amount
JJJ Floor Coverings, Inc. $39,158.00
Lawrence W. Rosine Co. $41,881.00
Genesis Floor Coverings, Inc. $50,304.00
Rod West Floor Coverings, LLC. $54,400.00
Staff conducted a bid analysis and verified CA contractor’s licensing with the Department of Industrial Relations (DIR) registration, state and federal debarment files and references for JJJ Floor Coverings, Inc.

The contractor’s base bid schedule amount is $39,158. The additive alternate bid amount provided by JJJ Floor Coverings, Inc. is in the amount of $2,103.48. Per the bid package, the award decision is based on the total base bid amount. Per the bid analysis, the bid submitted by JJJ Floor Coverings, Inc. was determined to be the lowest responsive bid.

The Bid submitted by JJJ Floor Coverings, Inc. and the bid analysis completed by staff is attached as reference. Staff recommends awarding a construction contract to JJJ Floor Coverings, Inc. in the amount of $41,261.48, including the additive alternate project scope.

Staff report was collaboratively prepared by Andrés González, Senior Public Works Analyst and the staff from TransTech.

ATTACHMENT(S):

A. Resolution No. 24-133 re JJJ Flooring(964110.1)
B. Bid
C. Bid Analysis
D. Construction Contract
01257.0006/964110.1

ATTACHMENT A
RESOLUTION NO. 24-133

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING PLANS AND SPECIFICATIONS AND

AWARDING CONSTRUCTION CONTRACT TO JJJ FLOOR
COVERING, INC. FOR THE SENIOR CENTER FLOORING

IMPROVEMENTS PROJECT
WHEREAS, the City of South El Monte desires to remove and dispose of existing flooring and install new vinyl flooring at the South El Monte Senior Center; WHEREAS, the City solicited bids for the Senior Center Flooring Improvements Project on January 10, 2024, and the City received four (4) bids for the Project on February 13, 2024; WHEREAS, City staff evaluated all bids and determined JJJ Floor Coverings has submitted the lowest responsive bid for the Project; and WHEREAS, JJJ Floor Coverings base bid schedule amount is $39,158 and the additive alternate bid amount is $2,103.48, for a combined construction cost of $41,261.48.

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

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

SECTION 2: The City Council of South El Monte (“City”) hereby adopts and approves the plans and specifications for the Senior Center Flooring Improvements Project, with respect to design and criteria. Copies of the plans and specifications are on file in the City’s Engineering Department.

SECTION 3: Upon reviewing the bids submitted for the work to be performed pursuant to contract and the plans and specifications, the City Council hereby finds that JJJ Floor Coverings has submitted the lowest responsive bid for the Project, in the amount of $41,261.48, including the additive alternate project scope.

SECTION 4. The City Council hereby authorizes and directs the City Manager to negotiate and execute a construction agreement with JJJ Floor Coverings for the project subject to review and approval as to form by the City Attorney. The Council further directs the City Manager to take all actions necessary to effectuate the agreement as set forth herein.

SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution. 01257.0006/964110.1
PASSED, APPROVED and ADOPTED this 27th 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, do hereby certify that the foregoing Resolution, being Resolution No. 24-133 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 27th day of February 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
Attachment B

Qty Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Removal,haul away and disposal of existing flooring material and wall base. 1 LS $5,981.00 $5,981.00 $6,468.00 $6,468.00 $12,927.15 $12,927.15 $9,234.92 $9,234.92 $8,652.77 $8,652.77 $5,981.00 $12,927.15 2 Preparation of sub-floor including filling, patching, and leveling as required. 1 LS $6,459.00 $6,459.00 $9,000.00 $9,000.00 $5,595.85 $5,595.85 $17,140.00 $17,140.00 $9,548.71 $9,548.71 $5,595.85 $17,140.00 3 Complete installation of leveling skim coat, new VCT tile, and 6” wall base. 6,100 SF $4.38 $26,718.00 $4.33 $26,413.00 $5.21 $31,781.00 $4.59 $28,025.08 $4.63 $28,234.27 $4.33 $5.21 $39,158.00 $41,881.00 $50,304.00 $54,400.00 $46,435.75
1 Removal,haul away and disposal of existing flooring material and wall base. 1 LS $84.67 $84.67 $430.00 $430.00 $210.24 $210.24 $480.00 $480.00 $301.23 $301.23 $84.67 $480.00 2 Preparation of sub-floor including filling, patching, and leveling as required. 1 LS $169.21 $169.21 $500.00 $500.00 $241.76 $241.76 $501.08 $501.08 $353.01 $353.01 $169.21 $501.08 3 Complete installation of leveling skim coat, new VCT tile, and 6” wall base. 200 SF $4.25 $850.00 $4.66 $932.00 $5.21 $1,042.00 $6.22 $1,244.35 $5.09 $1,017.09 $4.25 $6.22 4 Install new Walk-Off type fixed floor mats (2 at front lobby entrance. 1 at north door entrance) 120 SF $8.33 $999.60 $11.15 $1,337.60 $10.00 $1,200.00 $11.23 $1,347.57 $10.18 $1,221.19 $8.33 $11.23 $2,103.48 $3,199.60 $2,694.00 $3,573.00 $2,892.52
$39,158.00 $41,881.00 $50,304.00 $54,400.00 $46,435.75
Apparent Low
Bidder 1
Apparent Low
Bidder 2
Apparent Low
Bidder 3
Apparent Low
Bidder 4
$39,158.00 $41,881.00 $50,304.00 $54,400.00
$39,158.00 $41,881.00 $50,304.00 $54,400.00
$0.00 $0.00 $0.00 $0.00
$2,103.48 $3,199.60 $2,694.00 $3,573.00
$41,261.48 $45,080.60 $52,998.00 $57,973.00
0% $0.00 5% 5% 0% $0.00 0% $0.00
N/A N/A Ishine Cleaning 5% N/A N/A N/A N/A
TOTAL $0.00 TOTAL 5% TOTAL $0.00 TOTAL $0.00
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID

SUBCONTRACTORS

CALCULATION CORRECTIONS TO BASE BID AMOUNT SUBMITTED BY CONTRACTOR BASED

ON CALCULATED BID AMOUNT

TOTAL ADDITIVE ALTERNATE AMOUNT

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS YES

TOTAL BASE BID AMOUNT INDICATED BY BIDDER

ADDITIVE ALTERNATE BID SCHEDULE

TOTAL ADDITIVE ALTERNATE AMOUNT

TOTAL BASE BID AMOUNT CALCULATED BASED ON UNIT PRICES
The award decision is based on Base Bid Schedule Amount.

Genesis Floor Coverings,
Inc.

BASE BID SCHEDULE

TOTAL BASE BID AMOUNT

BID RANKING

TOTAL BASE BID AMOUNT CALCULATED BASED ON UNIT PRICES

TOTAL BASE BID PLUS ADDITIVE ALTERNATE BID SCHEDULE AMOUNT

1. BID TABULATION

BID TABULATION
Apparent Low Bidder 1 Apparent Low Bidder 2

HIGHEST

UNIT BID
PRICE
JJJ Floor Covering, Inc. Lawrence W. Rosine Co.

LOWEST

UNIT BID
PRICE
Bid Item and Description
PROJECT NAME: SENIOR CENTER FLOORING IMPROVEMENTS PROJECT, CITY PROJECT NUMBER: 635

AVERAGE BID VALUES
Apparent Low Bidder 4
Rod-West Floor
Covering LLC.

Apparent Low Bidder 3
D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\231321 SEM SENIOR CENTER FLOORING IMPROVEMENTS\WIP\9.BID ANALYSIS\0.0 BID ANALYSISBID TABULATION 1 of 4 Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 1 of 24 Attachment C APPARENT LOW BID AMOUNT: $39,158.00

REVIEW RESULT CHECKED BY DATE

CITY CLERK
YES EA 2/15/24
YES EA 2/15/24
NO EA 2/15/24
YES EA 2/15/24
PRIME CONTRACTOR LICENSE STATUS: JJJ Floor Covering, Inc. 327775 EA 2/15/24

PRIME CONTRACTOR DIR REGISTRATION
STATUS: JJJ Floor Covering, Inc. 1000003812 EA 2/15/24

PRIME CONTRACTOR DEBARMENT STATUS
FROM STATE CONTRACTS: JJJ Floor Covering, Inc. NOT FOUND IN ACTIVE DEBARRED LIST EA 2/15/24

PRIME CONTRACTOR DEBARMENT STATUS
FROM FEDERAL CONTRACTS: JJJ Floor Covering, Inc. NOT FOUND IN ACTIVE DEBARRED LIST EA 2/15/24 REFERENCE CHECK ACCEPTABLE: See Reference Check.

Print-out from CLSB Web Page attached (http://www.cslb.ca.gov/) Print-out from DIR Web Page attached (http://www.dir.ca.gov/dlse/debar.html) BID STAMPED AS RECEIVED PRIOR BID TIME:

BID BOND IN PROPER AMOUNT:

ALL ADDENDA ACKNOWLEDGED:

Print-out from DIR Web Page attached
(https://efiling.dir.ca.gov/PWCR/Search)
Print-out from SAM Web Page attached (https://www.sam.gov/SAM/) ANY APPARENT DISCREPANCY IN THE SUBMITTAL:

TOTAL BID PRICES CALCULATED CORRECTLY:

2. REVIEW OF APPARENT LOW BID
APPARENT LOW BID SUBMITTED BY: JJJ Floor Covering, Inc.

ITEM REVIEWED/CHECKED REMARKS
D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\231321 SEM SENIOR CENTER FLOORING IMPROVEMENTS\WIP\9.BID ANALYSIS\0.0 BID ANALYSISREVIEW OF APPARENT LOW BID 2 of 4 Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 2 of 24

REFERENCE PROJECT OWNER AND

REFERENCE NAME

TELAMOUNTDATE COMPLETEDDID THE CONTRACTOR DO QUALITY WORKDID THE CONTRACTOR STAY ON SCHEDULEDID THE CONTRACTOR ASK FOR UNNECESSARY CHANGE ORDERSDID THE CONTRACTOR FILE CLAIMS AGAINST YOUWILL YOU HIRE THE CONTRACTOR AGAIN

REMARKS
Narbonne High School Los Angeles Unified
School District. 323-816-3117 $82,619.00 8/24/2023 Y Y N N Y Spoke to Eric Liu.

Role: School Facilties Project Manager. EA 2/16/2024
Angeles Mesa Elementary
Campus Upgrades. Geronimo Concrete, Inc. 323-225-2016 $462,385.00 4/16/2022 Y Y N N Y Spoke to Jenny Hernandez.

Role: Contracts Admin. EA 2/16/2024
West Knoll Flooring and
Painting / 21-014
Thomasville Construction,
Inc. 626-205-0517 $180,000.00 12/19/2022 Y Y N N Y
Spoke to Sergio Arechiga.

Role: Project Manager. EA 2/16/2024

3. REFERENCE CHECK OF APPARENT LOW BIDDER
JJJ Floor Covering, Inc.

REFERENCE DATA FOR APPARENT LOW BIDDER

REFERENCE CHECK FOR APPARENT LOW BIDDER

CHECKED BY
DATE
Answer "YES" if satisfied or "NO" if not satisfied
D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\231321 SEM SENIOR CENTER FLOORING IMPROVEMENTS\WIP\9.BID ANALYSIS\0.0 BID ANALYSISREF CHECK 3 of 4 Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 3 of 24 JJJ Floor Covering, Inc.
$39,158.00

4. LOWEST RESPONSIVE BID
LOWEST RESPONSIVE BID SUBMITTED BY:

IN THE AMOUNT OF:

D:\Dropbox (Transtech Engineers)\JOBRECRD\2023\231321 SEM SENIOR CENTER FLOORING IMPROVEMENTS\WIP\9.BID ANALYSIS\0.0 BID ANALYSISLOWEST RESPONSIVE BID 4 of 4 Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 4 of 24 Data current as of 2/15/2024 5:04:50 PM
Home | Online Services | License Details
Contractor's License Detail for License #
327775
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

J J J FLOOR COVERING INC
4831-A PASSONS BLVD
PICO RIVERA, CA 90660
Business Phone Number:(562) 692-9008
Entity Corporation
Issue Date 11/12/1976
Expire Date 07/31/2024
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Bond Number: SC924150
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
This license filed Bond of Qualifying Individual number 100577087 for JAMES DAVID JEFFRIES in the amount of $25,000 with AMERICAN CONTRACTORS INDEMNITY COMPANY.

Effective Date: 01/01/2023
BQI's Bond History
Workers' Compensation
This license has workers compensation insurance with the EVEREST PREMIER INSURANCE

COMPANY
Policy Number:7600025197241
Effective Date: 02/01/2024
Expire Date: 02/01/2025
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C15 - FLOORING AND FLOOR COVERING
 C54 - TILE (CERAMIC AND MOSAIC)
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 5 of 24 Copyright © 2024 State of California
Other
 Personnel listed on this license (current or disassociated) are listed on other licenses.

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Accessibility Certification
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 6 of 24 2/15/24, 5:08 PM Registrations
https://cadir.my.salesforce-sites.com/ContractorSearch/registrationSearchDetails?id=a1Rt00000048xP7EAI 1/2 Contractor Information
Legal Entity Name

JJJ FLOOR COVERING INC
Legal Entity Type
Corporation
Status
Active
Registration Number
1000003812
Registration effective date
07/01/22
Registration expiration date
06/30/25
Mailing Address
4831 PASSONS BLVD, UNIT A  PICO RIVERA 90660 C…
Physical Address
4831 PASSONS BLVD, UNIT A  PICO RIVERA 90660 C…
Email Address
[email protected]
Trade Name/DBA
License Number (s)
CSLB:327775
Registration History
Effective Date    Expiration Date
06/18/18 06/30/19
05/09/17 06/30/18
05/02/16 06/30/17
06/11/15 06/30/16
12/12/14 06/30/15
07/01/19 06/30/22
07/01/22 06/30/25
Legal Entity Information
Corporation Entity Number: C0787676
Federal Employment Identification Number: 953058822
President Name: James D. Jeffries
Vice President Name:

Treasurer Name:

Secretary Name:

CEO Name:

Agency for Service:

Agent of Service Name: James D. Jeffries
Agent of Service Mailing Address: 4831-A Passons Blvd   Pico Rivera 90660 C Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 7 of 24 2/15/24, 5:08 PM Registrations
https://cadir.my.salesforce-sites.com/ContractorSearch/registrationSearchDetails?id=a1Rt00000048xP7EAI 2/2 Insured by Carrier
Policy Holder Name: JJJ FLOOR
Insurance Carrier: MIDDLESE
Policy Number: A0159996
Inception date: 02/01/22
Expiration Date: 02/01/23
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 8 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 1/13
DLSE Debarments
The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the “Period of Debarment” for status of debarment period as noted below:

As part of your due diligence, we suggest that you also check:

Contractor status at the Contractors State License Board (CSLB) The Federal debarment list at the Excluded Parties List System Name of contractor Period of debarment
MICHAEL FLOORING, INC.;

BENNY MICHAEL
CSLB License Number: 874947
5/30/2023 through
5/30/2026
Decision SC 7278 
The debarment order is
currently stayed by order of
the Kern County Superior
Court
TOBO CONSTRUCTION, INC.;
JIMI WAN CHAE; MONICA SHIUN OH;

KYUNG JIN YOON,
CSLB License Number: 758012
5/10/2023 through
5/10/2026
Decision SC 7250 
G M Climate Control, Inc.

CSLB License Number: 967267
3/2/2023 through
9/2/2024
Decision 40-71536-603 

MINAKO AMERICA CORPORATION DBA
MINCO CONSTRUCTION;

AND REFAAT HILMAY MINA,
9/27/2021 through
9/26/2022
Decision LB 6333 


How can we
help you
today?
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 9 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 2/13
CSLB License Number: 612429
GRFCO, INC. DBA ONSITE KRUSHING;
GARCIA JUAREZ CONSTRUCTION, INC.;
GEORGE ROBERT FROST; AND JAMES

CRAIG JACKSON
CSLB License Number: 291013 and 84801
5/21/2021 through
5/20/2024
Decision LB 6629 
ECS CONTRACTORS, INC. dba ECS
ELECTRIC, INC.; UMAR KHALID RANA, an
indvidual and CEO/RMO of ECS
CONTRACTORS, INC.; and KANWAL
SAJJAD RANA, an indvidual and RMO of
ECS CONTRACTORS, INC.

CSLB License Number: 975222
3/1/2020 through 3/1/2023
Decision LB 5590 
Avi Shechter, Individually
DBA Avi Shechter
CSLB Number: 908891 and 1018353
5/6/2019 through 5/5/2022
Decision LB 6328 
Patrick Kim, Individually
DBA Ritecon Plumbing
CSLB Number: 991018
8/21/2018 through
8/20/2019
Decision LB 6762 
Bighorn Construction, Inc.

CSLB Number: 597866
5/5/2018 through 5/4/2021
Decision LB 6658 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 10 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 3/13
Doug Parks, Individually dba
Doug Parks and Son Plumbing
CSLB Number: 411825
10/11/2017 through
10/10/2019
Decision SC 5807 
Worthington Construction, Inc.;
Dale Worthington, an individual and
CEO/RMO of
Worthington Construction, Inc.; and,
Holi Jeanne Worthington, an individual and
Officer of
Worthington Construction
CSLB Number: 714836
6/15/2018 through
9/16/2019
Decision LB 5267 
RMV Construction, Inc., A California
Corporation; and Robert
Michael Vasil II a.k.a. Robert Michael Vasil
a.k.a.

Mike Vasil, an Individual and CEO/RMO
President of RMV
Construction, Inc.

CSLB Number: 892389
4/1/2017 through 8/18/2018
Decision LB 5266 
Gewargis Youkhanis Narso, an individual
dba
GEHVAC and Technologies, a sole
proprietorship,
And GEHVAC Co., a sole proprietorship
CSLB Number: 899312 and 1013848
2/1/2017 through 1/31/2020
Decision 40-48480-516 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 11 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 4/13
Joseph Brothers Enterprise, Inc.; Ken
Joseph Individually and as CEO
CSLB Number: 849169
4/3/2018 through
10/3/2019
Decision SC 6390 
Dave Cook Concrete Construction, Inc.,
and David William Cook
34231 Camino Capistrano #102
Capistrano Beach, CA 92624-1189
CSLB Number: 461897
3/1/2017 through
2/29/2020
Decision LB 6207 
Bannaoun Engineers Constructors
Corporation; Omar Maloof, An Individual
P.O. Box 16599
Beverly Hills, CA 90209-2599
CSLB Number: 827829
05/12/17 through 05/11/20
Decision SC 5517 
Evans Roofing Co., Inc.
2020 South Yale Street
Santa Ana, CA 92706
CSLB Number: 610549
10/31/16 through 10/30/19
Decision LB 6270 
Guillermo Ibaibarriaga dba Sierra Nevada
Stucco and 2K Roofing
Sierra Nevada Stucco
P.O. Box 8472
Reno, NV 89502
CSLB Number: 915812
2K Roofing
820 Kuenzli Street
Reno, NV 89502
CSLB Number: 954551
05/14/17 through 05/13/20
Decision SC 6037 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 12 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 5/13
Del Norte Construction, And Trinidad
Manuel Canales, an Individual
PO Box 5101
Oxnard, CA 93030
5020 Wooley Rd.

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533 
Diversified Building & Electric Company,
Inc.
409 Tennant Station
Morgan Hill, CA 95037
Denis Andrew Maris, Individually and Doing
Business as Diversified Electric Company
CSLB Number: #765312
2/15/16 through 8/15/17
Decision SC 5714 
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual and
in his capacity as Responsible Managing
Officer of FAST DEMOLITION, INC.
4/1/44 through 3/31/47
Decision LB5742 
4/1/41 through 3/31/44
Decision LB5665 
4/1/36 through 3/31/39
Decision LB5740 
4/1/33 through 3/31/37
Decision LB5651 
4/1/33 through 3/31/37
Decision LB5739 
4/1/24 through 3/31/27
Decision LB5741 
4/1/30 through 3/31/33
Decision LB5743 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 13 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 6/13
4/1/27 through 3/31/30
Decision LB5666 
4/1/21 through 3/31/24
Decision LB5667 
4/1/18 through 3/31/21
Decision LB5668 
4/01/15 through 3/31/18
Decision LB5345 
Amerivet Plumbing, Inc.; Walter Edward
Jacob Kuhlmann III, Individually And dba
Amerivet Plumbing Services
CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756 
Ultimate Inc., And, Enrique Vera, an
Individual
PO Box 571117
Tarzana, CA 91356-1117
CSLB Number: #949229
12/1/15 through 11/30/18
Decision LB 5655 &
LBS659 
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800 
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
William Ben Hicks, an individual;
Margaret Mary Hicks, an individual
2/01/15 through 1/31/18
Decision LB 5596 
L A Builders, Inc., a California Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
2/01/15 through 1/31/18
Decision LB5 171 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 14 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 7/13
CSLB #748591
Alon Gamliel, an individual
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
Edward Eugene Brammer, an individual
and in his capacity as President/CEO/RMO
4/01/15 through 3/31/18
Decision LB 5323 
Daughter Construction
formerly dba Hy Carpentry Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as manager/supervisor
for Sharon Jin Yoo and in his capacity as
General Partner for HY Construction, a
General Partnership.
4/01/15 through 3/31/18
Decision LB 5466, LB5467,
LB5468 & LB5520 
RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through 12/14/16
Decision 40-40508-522 &
44-40509-522 
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
11/3/14 through 11/2/17
Decision SC 5539 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 15 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 8/13
Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518 
Dick Emard Electric.
dba Emard Electric Luke Richard Emard, an
individual and RMO
5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough 11/2/17
Decision SC 5521 
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave.

Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495 
Neris General Contractors, a California
Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.

Long Beach, CA 90805
CSLB# 797967
2/28/14 through 2/27/17
Decision LB 4511, LB4512 &
LB4521 
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through 10/13/17
Decision SAC 5492 
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
8/4/14 through 8/3/17
Decision SAC 5506 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 16 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 9/13
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing
Officer/CEO/President
Dora Maria Contreras, an Individual and
Agent/Officer of the Corporation
Tadros & Youssef Construction, Inc.

Kamel Shaker Tadros & Makram Youssef
Youssef, Individually
1221 E 8th Street, Unit A, Upland, CA 91786
CSLB# 698182 (expired)
5/10/14 through 5/9/17
Decision SAC 5308 
Serenity Fire Protection
417 S. Associated Road, Brea, CA 92821
CSLB# 902927
5/1/14 through 4/30/17
Decision LB 4202 
Don Kelly Construction , Inc.

Don Kelly, Individual and Lisa Kelly,
Individual
171 Northview Ridge Lane, P.O. Box 10760,
Bozeman, MT 59719
3/25/14 through 3/24/17
Decision LB 4484 
Aldan, Inc.

P.O. Box 9428, Brea, CA 92822
CSLB #949229
2/28/14 through 2/27/17
Decision LB5175 
Russell/Thompson, Inc.

James Jean Russell & Valery Alena
Thompson, Individually
4684 Oak Glen Dr., Redding, CA 96001
10/31/13 through 10/31/16
Decision SC 5309 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 17 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 10/13
CSLB# 915036 (revoked)
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
CLSB#710322
5/15/2013 through
5/15/2014
Decision SAC 1039 
Wallcrete Industries, Inc.; Garit David
Wallace and Amber Anderson, Individuals
400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175 
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles,  CA 90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198 
Jeffrey Alan Mott and Michelle Mott,
individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160 
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095 
All West Construction, Inc.

Donald Kent Russell
495 N. Marks Ave.
3/31/11 through 3/30/13
Decision se 5013 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 18 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 11/13
Fresno, CA 93706
CSB # 592321 Exp. 4/3/12 (suspended)
Country Builders, Inc.

Weldon Offill, individually
5915 Graham Ct.

Livermore, CA 94550
CSB # 699574 Exp. 11/30/12 (active)
3/1/11 through 2/28/14
Decision SC 5053 
Addendum SC 5053 
Sutter Foam & Coating, Inc.
909 A. George Washington
Yuba City, CA 95993
CSB # 732014 Exp. 1/31/09 (inactive)
David Alvin Trexler, an individual
909 A. George Washington
Yuba City, CA 95993
Kenneth A. Trexler, an individual
2603 Lago Lane
Marysville, CA 95901
7/1/10 through 6/30/13
Decision SAC 5012 
Soo Dong Kim, an individual,
dba Soo Kim Electric Company
16224 Ridgeview Lane
La Mirada, CA 90638
CSB # 568103 Exp. 8/1/09 (inactive)
Hyo Nam Jung, an individual,
dba Lucid Electric
18621 Well Street
Rowland Heights, CA 91748
CSB # 914692 Exp. 4/3/10
4/19/10 through 4/18/13
Decision SAC 1064 
Southwest Grading,
dba Southwest Grading Services, Inc.,
22031 Waite Street
Wildomar, CA  92595
3/18/10 through 3/17/13
Decision SAC 1058 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 19 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 12/13
David Walter Cholewinski, an individual
22031 Waite Street
Wildomar, A 92595
29970 Technology Drive, Ste. 205
Murrieta, CA  92563
CSB #840416  Exp. 6/30/10
S.J. Cimino Electric, Inc., a California
corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO and
President of S.J. Cimino Electric, Inc. and
sole owner of S.J. Cimino
Electric, an individual
5825 Heights Rd.

Santa Rosa, CA 95401
CSB #343802 Exp. 2/28/10
CSB #294141 Exp. 9/30/13 (inactive)
10/15/09 through 10/14/12
Decision SAC 1052 
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr
Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042 
All Floors Commercial and Residential
Flooring, Inc.

Salvador Elias Perea, individually
750 E. McGlincy Lane, #103
Campbell, CA 95008
CSB #430969 Exp. 7/31/09
5/14/09 through 5/13/12
Decision SAC 1040 
1-AMD Construction, Inc.

Alberto Mordoki, individually
Mirella Mordoki, individually
5300 Beach Blvd., Suite 110-416
3/16/09 through 3/15/12
Decision SAC1037 
Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 20 of 24 2/15/24, 5:12 PM Public Works
https://www.dir.ca.gov/dlse/debar.html 13/13
Buena Park, CA 90621
CSB #787533, revoked
Updated: August 2023
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Bid Analysis, Senior Center Flooring Improvements Project, City Project No: 635 Document Control Page 24 of 24 01257.0006/964017.1
Attachment D

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
JJJ FLOOR COVERING, INC.
-1-
01257.0006/964017.1

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
JJJ FLOOR COVERING, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 27th day of February 2024 by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and JJJ FLOOR COVERING, INC., a California Corporation (“Contractor”). City and Contractor 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. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Contractor for performance of the services 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. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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 -2-
01257.0006/964017.1
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified -3-
01257.0006/964017.1
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all -4-
01257.0006/964017.1
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor’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.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided -5-
01257.0006/964017.1
either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. -6-
01257.0006/964017.1
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to fifteen percent (15%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of -7-
01257.0006/964017.1
equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty One Thousand Two Hundred Sixty One Dollars and Forty Eight Cents ($41,261.48) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

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 the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, -8-
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

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

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Contractor 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 -9-
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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, 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 Contractor, 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 Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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 April 29, 2024 from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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John Kellis ______________ Vice President ____________
(Name) (Title)
Griselda Gutierrez_________ Secretary ________________
(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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’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 Contractor.

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

4.3 Contract Officer.

The Contract Officer shall be Rene Salas or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, -11-
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supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor 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. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor 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. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor 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 Contractor arising out of or in connection with Services -12-
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to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor 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 Contractor 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. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium -13-
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paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 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. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. -14-
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(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor 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, Contractor 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 Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor 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 Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor 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 Contractor hereunder, Contractor 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.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work 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 Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
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(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor -17-
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Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, 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 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor 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, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, 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 Contractor 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 -18-
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documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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) Contractor, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other -19-
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appropriate court in such county, and Contractor 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.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, 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 Contractor to insure, indemnify, and protect City as elsewhere provided herein. -20-
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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 Contractor 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, Contractor shall file a 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 $250 (Two Hundred Fifty Dollars) as liquidated damages for each calendar day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be -21-
01257.0006/964017.1
such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor 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 Contractor.

If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
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01257.0006/964017.1
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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor 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 Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor 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 effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor 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.

Contractor 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 Contractor 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, Contractor 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. -23-
01257.0006/964017.1
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 Contractor, to the person at the address designated on the execution page of this Agreement.

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

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

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 Contractor 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. -24-
01257.0006/964017.1

9.6 Warranty & Representation of Non-Collusion.

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

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

Contractor’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) the 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]
-25-
01257.0006/964017.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

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

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

JJJ FLOOR COVERING, Inc., a California
corporation
By:

Name: John Kellis
Title: Vice President
By:

Name:

Title:

Address: 4831-A Passons Blvd
Pico Rivera, CA 90660
Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY. 01257.0006/964017.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01257.0006/964017.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01257.0006/964017.1 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Senior Center Flooring Improvements Project in South El Monte, including any documents or exhibits referenced therein and attached hereto as Exhibit A-1
II. Brief description of the work to be performed:

The work involves furnishing all labor, material, equipment, services, and incidentals required for the removal and disposal of existing flooring and installation of new vinyl flooring .

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Project Baseline Schedule
B. Project Look ahead Schedule (3 weeks look ahead) Updates IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
01257.0006/964017.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
.
01257.0006/964017.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:
01257.0006/964017.1 C-2
II. A retention of five percent (5%) 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 item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor 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 amount provided in Section 2.1 of this Agreement.
01257.0006/964017.1 D-1
EXHIBIT “D”

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

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

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

N/A.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01257.0006/964017.1 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to JJJ FLOOR COVERINGS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: SENIOR CENTER FLOORING IMPROVEMENTS PROJECT; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) 01257.0006/964017.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01257.0006/964017.1

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded JJJ FLOOR COVERINGS, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: SENIOR CENTER FLOORING IMPROVEMENTS PROJECT ; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
01257.0006/964017.1
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01257.0006/964017.1

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of SOUTH EL MONTE
Project: Senior Center Flooring Improvements Project
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
01257.0006/964017.1
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
01257.0006/964017.1

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 01257.0006/964017.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01257.0006/964017.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01257.0006/964017.1

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard 01257.0006/964017.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page)
01257.0006/964017.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01257.0006/964017.1

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 01257.0006/964017.1

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
01257.0006/964017.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
City Council Agenda Report
Agenda Item No. 7.g.

DATE: February 27, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-132, RENEWAL OF GENERAL SERVICES AGREEMENT
(GSA) WITH THE COUNTY OF LOS ANGELES
SUMMARY: On June 30, 2024, the General Services Agreement between the City of South El Monte and the County of Los Angeles will expire. A new agreement is required to maintain the continuity of services provided to the City.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-132, approving the renewal of the General Services Agreement with the County of Los Angeles from July 1, 2024, to June 30, 2029; and

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

FISCAL/FINANCIAL IMPACT: The services will be provided only on a time-limited and on-demand basis. The fees for services will be determined by the County AuditorController, in accordance with the policies and procedures established by the Los Angeles County Board of Supervisors.

DISCUSSION: General Services Agreements (GSAs), which are typically broad in scope, have been executed with most cities within the County, granting authorization for the County to provide services requested by cities. Services provided under the GSA include on-demand, time-limited services such as street maintenance, enforcement of ordinances, direct assessment collection, and various public works services. Ongoing services, such as law enforcement and public health code enforcement, are managed by specific County departments through Specific Service Agreements (SSAs). It's important to note that any SSAs between the City of South El Monte and the County of Los Angeles remain unaffected by the renewal of this GSA.

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

ATTACHMENT(S):

A. 2024 - 2029 GSA - City of South El Monte
B. MATRIX CONTRACT SERVICES
C. Resolution No. 24-132
1 of 6

GENERAL SERVICES AGREEMENT
THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, July 1, 2024, is made by and between the County of Los Angeles, hereinafter referred to as the "County," and the City of South El Monte, hereinafter referred to as the "City." RECITALS:
(a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions.
(b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by the provisions of Section 56½ of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code.

THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for.

2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors.

These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County.

3. No County agent, officer or department shall perform for said City any

ATTACHMENT A
2 of 6
function not coming within the scope of the duties of such agent, officer or department in performing services for the County.

4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof.

5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations.

6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense.

It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

7. All persons employed in the performance of such services and functions for 3 of 6
the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right.

For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement.

8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement.

Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment.

9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

10. Each County agent, officer or department performing any service for the 4 of 6
City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service.

11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder.

12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice.

If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed.

13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 5 of 6
including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so.

14. This Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2029, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years.

15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2029, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2029, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the aforedescribed period.

Notwithstanding the provisions of this paragraph herein-above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County.

16. This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference.
6 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers.

Executed this day of 2024.

The City of South El Monte,
By
Mayor
ATTEST:

City Clerk THE COUNTY OF LOS ANGELES
By By
Chair, Board of Supervisors
ATTEST:

CELIA ZAVALA
Executive Officer/Clerk
of the Board of Supervisors
By
Deputy
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Senior Deputy

SERVICES PROVIDED TO CITIES BY THE COUNTY OF LOS ANGELES (Via Agreement)
AGRICULTURAL COMM./WEIGHTS & MEASURES
Weed Abatement Predatory Animal (GSA or Contract) Vertebrate Pests (Contract) Noxious/Invasive Weeds Management (Contract)

ANIMAL CARE & CONTROL
(1)
Animal Control Animal Shelter Services

ASSESSOR
Maps
Media (CD/DVD/Email)

AUDITOR-CONTROLLER
Direct Assessments Collections
BEACHES & HARBORS (2)
Beach Maintenance Facility Maintenance

BOARD OF SUPERVISORS
JPA for Foothill Transit Corporation & Meetings Hearing Appeals-Civil Service Commission

CHIEF EXECUTIVE OFFICE
GSA/Assumption of Liability Agreements

CONSUMER AND BUSINESS AFFAIRS
Eviction Defense Services Wage Enforcement Services

DISTRICT ATTORNEY
City Prosecution Services Community Law Enforcement & Recovery (CLEAR) Community Prosecutor Program (CPP)

FIRE DEPARTMENT
(3)
Fire Suppression Services - Fee for Service Fire Suppression Services - Tax Share Beach Lifeguard Services GSA/MOU/Others Certified Unified Participating Agency Billing

HEALTH SERVICES
Housing and homelessness services Justice-related services Pregnancy-related support services

INTERNAL SERVICES
(4)
Telecommunication Services IT Services Energy and Environmental Programs SoCalREN-EES eGIS Services Fleet & Logistics Maintenance & Operations Ongoing Custodial services Ongoing Landscape services Ongoing Pest Control Mail Delivery Program & Project Management Special Services - As Needed (Events, Paint, Signage,

MENTAL HEALTH
Socialization Services
(5)
Mental Hlth Eval & Co-Response Team w/Police (6)
Mental Health Evaluation Team & 1 FTE PSW
(7)

PROBATION
Deputy Probation Officer Services

PUBLIC HEALTH
See Attachment I for Specific Services

PUBLIC LIBRARY
(8)
Library Services

PUBLIC WORKS
See Attachment II for Specific Services

REGIONAL PLANNING
Planning & Zoning Services
REGISTRAR-RECORDER/COUNTY CLERK (9)
Document Transfer Tax Collection Lease of PBR's Access to YODA System (10) Access to DIMS System (11)

SHERIFF'S DEPARTMENT
General Law Enforcement Traffic Law Enforcement Detective Services Helicopter Programs Special Occasions

TREASURER AND TAX COLLECTOR
Business License
Agoura Hills ▪ ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Alhambra ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Arcadia ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Artesia ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Avalon ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Azusa ▪ ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Baldwin Park ▪ ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Bell ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Bellflower ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Bell Gardens ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Beverly Hills ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Bradbury ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Burbank ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Calabasas ▪ ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Carson ▪ ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Cerritos ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Claremont ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Commerce ▪ ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Compton ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Covina ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Cudahy ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Culver City ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Diamond Bar ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Downey ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Duarte ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ El Monte ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ El Segundo ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Gardena ▪ ▪ ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Glendale ▪ ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Glendora ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Hawaiian Gardens ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Hawthorne ▪ ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Hermosa Beach ● ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Hidden Hills ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪
Huntington Park ▪ ▪ ● ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪