Gloria Olmos, Mayor
Rudy Bojorquez, Mayor Pro Tem
Manuel Acosta, Councilmember
Richard Angel, Councilmember
Hector Delgado, Councilmember
Rene Salas, City Manager
Anthony R. Taylor, City Attorney
Donna G. Schwartz, City Clerk
Masami Higa, Director of Finance
CITY OF SOUTH EL MONTE
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
April 9, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
PUBLIC COMMENT
To participate during public comment via teleconference, see below:
Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or call in: 1 669 900 6833, when prompted, enter 86581711880#
LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 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) 579-6540 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
Mayor Gloria Olmos
3. INVOCATION
Pastor Patricia Garrett, Faith Dominion Church
4. PRESENTATIONS
4.a. Proclamation Presented to Kim Sinclair, Executive Director, Autism Society of Los Angeles, Proclaiming the Month of April as “Autism Awareness Month”
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.
6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.
Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF MARCH 26, 2024
Staff is requesting approval of Minutes for the March 26, 2024, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 26, 2024, Regular City Council Meeting.
CONSENT CALENDAR (CONTINUED)
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-142, APPROVING WARRANTS FOR THE PERIOD OF MARCH 27, 2024,
THROUGH APRIL 9, 2024
Authorizing payment of City expenditures for the period of March 27, 2024, through April 9, 2024, totaling $1,163,126.04.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-142, authorizing payment of City expenditures.
7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-143,
AWARDING A CONTRACT SERVICES AGREEMENT TO BASE HILL,
INC. FOR JANITORIAL MAINTENANCE SERVICES
Staff seeks City Council approval to award a Contract Services Agreement to Base Hill, Inc. for Janitorial Maintenance Services.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Adopt Resolution No. 24-143, awarding an agreement to Base Hill, Inc. for Janitorial Maintenance Services in the amount of $450,000; and
3. Authorize the City Manager or designee to negotiate and execute the agreement.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for janitorial maintenance services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
CONSENT CALENDAR (CONTINUED)
7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-144,
AWARDING A CONTRACT SERVICES AGREEMENT TO CARE FOR
THE CHILDREN FOR CURB ADDRESS NUMBER PAINTING
SERVICES
Staff seeks City Council approval to award a Contract Services Agreement to Care For The Children for Curb Address Number Painting Services.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Adopt Resolution No. 24-144, awarding an agreement to Care for the Children Painting for Curb Address Number Painting Services in the amount of $88,132; and
3. Authorize the City Manager or designee to negotiate and execute the agreement.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for curb address number painting services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
7.e. CONSIDERATION FOR AUTHORIZATION TO ADVERTISE NOTICE
INVITING BIDS (NIB) FOR COMMUNITY CENTER AND MINI CENTER
PARKING LOT IMPROVEMENTS
Staff seeks City Council approval to advertise for construction bids for Community Center, and Mini Center Parking Lot Improvements.
RECOMMENDED ACTION: Staff recommends City Council approve the construction bid package to solicit bids for Community Center, and Mini Center Parking Lot Improvements.
CONSENT CALENDAR (CONTINUED)
7.f. CONSIDERATION AND APPROVAL OF RESOLUTIONS 24-145
through 24-148 CREATING NEW CLASSIFICATIONS AND UPDATING
CERTAIN JOB DESCRIPTIONS
Approval of the attached resolutions would create the new classifications of Human Resources Administrative Assistant, Fleet Mechanic, Public Works Administrative Assistant, and Senior Executive
Assistant/Community Liaison and associated compensation ranges. The job title of Personnel Analyst would be changed to Human Resources Analyst, the HR/Risk Manager would be changed to Director of Human Resources & Risk Management, Equipment Mechanic would be changed to Fleet Mechanic, Administrative Clerk Public Works would be changed to Public Works Administrative Assistant, and Senior Executive Assistant would be changed to Senior Executive Assistant/Community Liaison.
Additionally, updates and revisions to the current Class specifications for Fleet Mechanic, Public Works Administrative Assistant and Senior Executive Assistant/Community Liaison would be approved.
RECOMMENDED ACTION: Staff recommends the City Council adopt Resolutions No. 24-145 through 24-148 adding the positions of Human Resources Analyst, Human Resources Administrative Assistant, Fleet Mechanic, Public Works Administrative Assistant and Senior Executive Assistant/Community Liaison; changing job title of HR/Risk Manager to Director of Human Resources & Risk Management, Personnel Analyst to Human Resources Analyst, Administrative Clerk Public Works to Public Works Administrative Assistant, Senior Executive Assistant to Senior Executive Assistant/Community Liaison; as well as updating/revising the class specification of Fleet Mechanic.
Public Hearings next page.
8. PUBLIC HEARINGS
8.a. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1271,
ADOPTING ZONE CODE AMENDMENT NO. 24-01 TO IMPLEMENT A
COMPREHENSIVE ZONING CODE UPDATE
A Zone Code Amendment to Repeal and Replace Title 17 – Zoning with updated, and streamlined comprehensive Zone Code Update (Title 17- Zoning)
RECOMMENDED ACTION: Staff recommends the City Council:
1. Conduct a public hearing;
2. Take public testimony;
3. Waive first reading and introduce Ordinance No. 1271, adopting zone code amendment no. 24-01 to implement a comprehensive zoning code update; and
4. Schedule said ordinance for adoption at the next regular city council meeting.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Revising the allocation of federal funds is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
9. GENERAL BUSINESS - None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.
11. CORRESPONDENCE - None
12. COUNCILMEMBERS’ AGENDA
12.a. MAYOR GLORIA OLMOS
1. Direct staff to look into requiring manufacturing businesses to have a showroom frontage office to offer their items for sale to the public and generate sales tax dollars for the city.
RECOMMENDATION: Discussion and/or action.
13. 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
13.b. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Executive Management Team Association
14. ADJOURNMENT
Tuesday, April 23, 2024, at 6:00 p.m.
I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 4th day of April 2024.
City Clerk, CMC
City Council Agenda Report
Agenda Item No. 4.a.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Proclamation Presented to Kim Sinclair, Executive Director, Autism Society of Los Angeles, Proclaiming the Month of April as “Autism Awareness Month”
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 7.a.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 26, 2024
SUMMARY: Staff is requesting approval of Minutes for the March 26, 2024, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 26, 2024, Regular City Council Meeting.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT Reg CC&SA Minutes 3-26-24
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, March 26, 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, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Guillermo Arreola, Director of Community Development; Iyob Tessema, Director of Human Resources & Risk Management; and Masami Higa, Director of Finance; and Sabrina Muhne, Deputy City Clerk.
STAFF ABSENT: John Poehler, Director of Public Works and Ariana De La Cruz, Director of Community Services.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Councilmember Hector Delgado led the Pledge of Allegiance.
3. INVOCATION – Pastor David Torres, Calvary Assembly of God Church offered the invocation.
City Attorney Anthony Taylor announced a change in the order of the presentations to be 4.a followed by 4.c, 4.d, 4.b and concluding as listed.
4. PRESENTATIONS
4.a. Council presented a certificate of recognition to Ophelia Silva, Resident of South El Monte for over 60 Years, Honoring her 100th Birthday on March 8, 2024.
4.b. Heard after 4.d. Presentation by Ricardo Padilla, Board President and Edward Zuniga, Ed.D., Superintendent, El Monte Union High School District on the School Resource Officer (SRO) program.
PRESENTATIONS (CONTINUED)
Item 4.b. (continued)
Mayor Olmos asked Councilman Delgado to disclose his place of employment.
Councilmember Delgado disclosed he is employed by the El Monte Unition High School District.
After discussion on the request made by the district for funds to support a School Resource Officer, Councilman Delgado asked that the request be brought back for discussion.
4.c. Heard after 4.a. Council presented a certificate of recognition to Noelia Saucedo for receiving a 2024 Distinguished Women of the 56th District Award from Assemblywoman Lisa Calderon.
4.d. Council presented certificates of recognition to the City's "C" Division Youth Girls Basketball for Winning the Southern California Municipal Athletic Federation (SCMAF) Basketball Championship.
4.e. Bin Zeng, Principal, Moss, Levi and Hartzheim, presented a PowerPoint (Via Zoom) on the Audit Results of the City of South El Monte Financial Statements as of and for the Fiscal Year Ended June 30, 2023.
4.f. Council received a report from the Sheriff's Department Report for the Month of February 2024.
4.g. Council received a report from the Code Enforcement and Public Safety Department Report for the Month of February 2024.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Bojorquez to approve the agenda. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened public comment.
1. Eduardo Saucedo, resident, (Via Zoom) commented on the following:
acknowledged the certificate for the 100th birthday and the certificates to the Youth Basketball, Hamas Israel, Sheriffs protecting the city, mental health, kids in sports and those who mentor them, $1.5 million missing, town hall meeting at El Monte High School, and cannabis.
7. CONSENT CALENDAR
A motion was made by Councilmember Angel, seconded by Councilmember Delgado to approve the Consent Calendar. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved Minutes of the March 12, 2024, Regular City Council Meeting.
7.b. Adopted Resolution No. 24-138, authorizing payment of City expenditures for the period of March 13, 2024, through March 26, 2024, totaling $798,687.61.
7.c. Adopted Resolution No. 24-139, approving plans and speciation’s for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd. Project, awarding construction agreement to Calpromax Engineering, Inc, in the amount of $437,390.00, approving a 15% contingency amount of $65,608.50 for a total project construction budget amount not to exceed $502,998.50 and authorizing City Manager or designee to negotiate and execute the agreement.
8. PUBLIC HEARINGS
8.a. CONTINUED FROM THE MARCH 12, 2024, CITY COUNCIL MEETING - ADOPTION OF RESOLUTION 24-140, REPEALING RESOLUTION NO. 21-63 AND APPROVING THE REVISED VERSION OF HOUSING
ELEMENT 2021-2029 IN RESPONSE TO REQUIRED REVISIONS
FROM THE STATE OFFICE OF HOUSING AND COMMUNITY
DEVELOPMENT AND RE-ADOPTING PRIOR NEGATIVE
DECLARATION
Mayor Olmos announced the item.
PUBLIC HEARINGS (CONTINUED)
Item 8.a. (continued)
City Attorney Anthony Taylor stated the consultant with Dudek would be providing a PowerPoint.
Mayor Olmos introduced Guillermo Arreola, Director of Community Development who turned it over to Erika Van Sickel, Consultant, Dudek who provided information (Via Zoom).
Mayor Olmos opened the public hearing.
Mayor Olmos opened public comment, there being none, closed public comment.
A motion was made by Councilmember Delgado, seconded by Councilmember Acosta to Adopt Resolution No. 24-140, repealing Resolution No. 21-63 and approving the revisions to the City's 6th Cycle 2021-2029 Housing Element in response to required revisions from the State Office of Housing and Community Development and readopting prior Negative Declaration. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
9. GENERAL BUSINESS
9.a. DISCUSSION AND POSSIBLE DIRECTION REGARDING OPTIONS
FOR ADDITIONAL RESTRICTIONS ON SMOKING IN PUBLIC PLACES
AND THE SALE OF TOBACCO IN THE CITY
Mayor Olmos introduced City Attorney Anthony Taylor who presented the staff report and then introduced Alexis Hall, Associate with Aleshire & Wynder who provided a PowerPoint.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Bojorquez to consider amending the SEMMC to ban the sale of flavored tobacco products and tobacco product flavor enhancers pursuant to Senate Bill 793, and direct City Attorney to proceed with an amendment and bring back to council for approval. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
GENERAL BUSINESS (CONTINUED)
9.b. CONSIDERATION AND APPROVAL OF RESOLUTION 24-141,
APPROVING AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT (CSA) WITH COUNCIL FOR WATERSHED HEALTH FOR
THE MERCED AVENUE GREENWAY PROJECT
Mayor Olmos announced the item.
A motion was made by Councilmember Delgado, seconded by Councilmember Angel to Adopt Resolution No. 24-141, approving an amendment to the existing CSA with Council for Watershed Health to 1) increase the PSA value by $499,850 to authorize the full scope of project administration, technical services, LID/WQ monitoring program implementation and community engagement through construction and post-construction monitoring of the southern portion of the Merced Avenue Greenway project. These efforts are expressly identified within the funded agreements and line item budgets of the State Water Resource Control Board (SWRCB) Prop 1 and LA County Safe Clean Water Program (SCWP) Measure W grants; 2) edit PSA terms and conditions in Exhibit C to delete 10% retention requirement; and, 3) extend performance period to April 30, 2026. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None
City Manager Rene Salas added that the project has started with a long process and has been successful with the assistance of Council for Watershed Health by obtaining the grant funds, assistance still needed, therefore, the amendment is needed. Mr. Salas announced representatives were in attendance this evening and introduced Jason Casanova, Debbie Enos, and Eileen Alduenda in case council had any questions.
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the City’s Senior St. Patrick’s Day luncheon, the State of the City, Water Education for Latino Leaders (WELL) Conference and suggested the city consider using some of the irrigated water supplies to connect to city restrooms, and wash areas.
Mayor Pro Tem Bojorquez announced he attended the City’s Senior St. Patrick’s Day luncheon, the State of the City, Little League Opening Day Ceremonies, and the Little Mr. and Miss South El Monte Baby Pageant.
Councilmember Delgado announced he attended the State of the City and acknowledged all the vendors who sponsored it, Greater Los Angeles Vector Control District Board meeting, and the Little League Opening Day Ceremonies.
Councilmember Angel announced he attended the City’s Senior St. Patrick’s Day luncheon, the State of the City, and the Little League Opening Day Ceremonies.
Mayor Olmos announced she attended the City’s Senior St. Patrick’s Day luncheon, the State of the City and acknowledged all the vendors who sponsored it, Women’s Empowerment Event, Little League Opening Day Ceremonies, and the Little Mr. and Miss South El Monte Baby Pageant.
11. CORRESPONDENCE – None.
12. COUNCILMEMBERS’ AGENDA – None.
13. 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
13.b. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Executive Management Team Association
City Attorney Anthony Taylor announced closed session items 13.a and 13.b were discussed and no reportable action at this time.
14. RECESS COUNCIL MEETING:
Mayor Olmos recessed the meeting at 8:09 p.m.
Mayor Olmos adjourned the Successor Agency meeting at 8:36 p.m.
Mayor Olmos reconvened the City Council Meeting at 8:39 p.m.
15. ADJOURNMENT
There being no further business coming before this body, at 8:36 p.m. Mayor Olmos adjourned the meeting in memory of Benigno Salas and Daniel Martinez Gonzalez to a Regular City Council Meeting on Tuesday, April 9, 2024, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-142, APPROVING WARRANTS FOR THE PERIOD OF
MARCH 27, 2024, THROUGH APRIL 9, 2024
SUMMARY: Authorizing payment of City expenditures for the period of March 27, 2024, through April 9, 2024, totaling $1,163,126.04.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 142, authorizing payment of City expenditures.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 24-142
B. Expense Approval Report 40924
ATTACHMENT A
RESOLUTION NO. 24-142
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MARCH 27, 2024, THROUGH APRIL 9, 2024,
TOTALING $1,163,126.04.
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 03/27/24-04/09/24 DFT0001595-1594 $282,302.69 FY 23/24 Regular Warrants 03/27/24-04/09/24 13975-14032 $712,512.48 Payroll Check PPE 03/30/24 1739-1742 $3,557.58
Payroll Direct Deposit PPE 03/30/24 6336-6453 $164,753.29 TOTAL EXPENDITURES RESOLUTION NO. 24-142 $1,163,126.04
PASSED, APPROVED, AND ADOPTED this 9th day of April 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. 24-142, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 9th day of April 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk
Vendor Name
CALIFORNIA TEAMSTERS LOCAL 911CALIFORNIA TEAMSTERS LOCAL 911EVOLUTION MECHANICAL, INC.JEFFREY MICHAEL ORTIZNATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSSTATE OF CA FRANCHISE TAX BOARDDONNA SCHWARTZCALIFORNIA BUILDING STANDARD COMMISSTANDARD INSURANCESTANDARD INSURANCEAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCARLET OLIVEROSBLACK KNIGHT DATA & ANALYTICS, LLCBUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.CORRAINE MATADAVID MAIDFM ASSOCIATESDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDUDEKEMILY LARESGERARDO DIAZGOVERNMENT STAFFING SERVICES, INC.
ATTACHMENT B
Amount
01.0150.1510.5204 13995 04/03/2024 MAR'24 COMM SVCS COMMISSION MTG 100.0001.0100.1050.5215 13996 04/03/2024 3/11-3/21/24 MUNI TEMP SVCS/ HR ANALYST 5,250.0001.0140.1410.5204 13994 04/03/2024 MAR'24 PC MEETING 150.0006.0300.3010.5430 13992 04/03/2024 MILK/ CI & CII NUTR PRGM 233.4206.0300.3020.5430 13992 04/03/2024 MILK/ CI & CII NUTR PRGM 25.9301.0140.1430.5215 13993 04/03/2024 1/27-2/23/24 HOUSING ELEMT CONSULTING SVCS 448.75
01.0120.1220.5415 13991 04/03/2024 ELECTION SUPPLIES 75.0806.0300.3010.5430 13992 04/03/2024 MILK/ CI & CII NUTR PRGM 317.4506.0300.3020.5430 13992 04/03/2024 MILK/ CI & CII NUTR PRGM 35.2701.0140.1440.5215 13988 04/03/2024 FEB'24 BLDG INSPECTION SVCS 7,814.6501.0000.0000.4554 13989 04/03/2024 3/17/24 MVD COMM RM DAMAGE DEP RFND 50.0001.0150.1510.5204 13990 04/03/2024 MAR'24 COMM SVCS COMMISSION MTG 100.0001.0140.1430.5215 13987 04/03/2024 3/8-4/7/24 MONTHLY SUBSCRIPTION 150.0001.0140.1440.5215 13988 04/03/2024 FEB'24 BLDG OFFICIAL SVCS 852.5001.0140.1440.5215 13988 04/03/2024 FEB'24 BUSINESS LICENSE INSPECTION SVCS 1,430.0001.0120.1210.5406 13985 04/03/2024 OFFICE SUPPLIES 125.3901.0120.1210.5406 13985 04/03/2024 OFFICE SUPPLIES CREDIT (1.99)01.0000.0000.4554 13986 04/03/2024 3/24/24 MVD GAZEBO DAMAGE DEP RFND 50.00
01.0100.1050.5406 13985 04/03/2024 KEYBOARD DESK TRAY 104.7301.0100.1050.5406 13985 04/03/2024 OFFICE CHAIR 208.4601.0150.1530.5952 13985 04/03/2024 EASTER DECORATIONS 204.4601.0120.1210.5406 13985 04/03/2024 PRINTER & DESK STAND 362.7001.0100.1050.5406 13985 04/03/2024 INK CARTRIDGE & FILE FOLDERS 251.57
01.0140.1440.5406 13985 04/03/2024 BLDG INSPECTOR SUPPLIES 13.8801.0130.1310.5406 13985 04/03/2024 ERGONOMIC SUPPLIES/ FINANCE 175.38
01.0120.1210.5406 13985 04/03/2024 OFFICE SUPPLIES 87.1701.0120.1220.5415 13985 04/03/2024 ELECTION SUPPLIES 185.0401.0000.0000.2224 13984 04/01/2024 APR'24 LIFE AD&D & SUPPLEMENTAL 440.8101.0100.1050.5406 13985 04/03/2024 CARD HOLDER CREDIT (4.95)01.0120.1210.5406 13985 04/03/2024 DEPT SUPPLIES 109.4101.0120.1210.5910 13981 03/28/2024 APR'24 CITY CLERK ASSOC. OF CA CONF/ PER DIEM 112.00
01.0000.0000.4252 13982 04/01/2024 2024 Q1 SB 1473 PERMIT FEE 340.20
01.0000.0000.2225 13983 04/01/2024 APR'24 LIFE AD&D 6,437.1101.0000.0000.2235 13978 03/26/2024 PPE 3/16/24 508.3301.0000.0000.2230 13979 03/26/2024 PPE 3/16/24 6,995.0001.0000.0000.2270 13980 03/26/2024 A.R GARNISHMENT PPE 3/16/24 8.1501.0000.0000.2245 13975 03/26/2024 MAR'24 MISC 600.0001.0170.1710.5520 13976 03/26/2024 BOILER REPAIR/ CHALL 19,782.3001.0140.1410.5908 13977 03/26/2024 MAR'24 PLANNING COMM ACADEMY/ HOTEL CHARGES 835.92 Warrant Register
South El Monte, CA Council Meeting 04/09/24
Account Number Payment Number Payment Date Description (Item)
01.0000.0000.2245 13975 03/26/2024 MAR'24 ADMIN 1,596.00
GRANT MANAGEMENT USA
HORTENCIA VASQUEZHUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYINGRID AGUILARISRAEL ALACIOJEFFREY MICHAEL ORTIZJOHANA ANGUIANOJOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.KENNETH EUEKHEANG TANGL.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.LAB1419LARRY RODRIGUEZLEONEL A. BARRERA JRMICHELLE RODRIGUEZMODERN IT, INCMODERN IT, INCMODERN IT, INCNEW SIGN SOLUTION, INC.OFFICE DEPOTOFFICE DEPOTOFFICE DEPOTPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPRINT XPRESSIONSQUALITY CODE PUBLISHINGQUENCH USA, INC.QUENCH USA, INC.ROSA RODRIGUEZROXANA TADEOSAN GABRIEL VALLEY TRIBUNESCMAFSCMAF-SAN GABRIEL VALLEY
01.0151.1543.5430 14021 04/03/2024 SCMAF GIRL ALL STAR BBALL 260.00
01.0151.1543.5430 14022 04/03/2024 ALL STAR TEAMS TOURNAMENT ENTRIES 700.0001.0000.0000.4250 14018 04/03/2024 PLAN CHECK RFND/ RES-ACC-24-002 1,911.4401.0100.1050.5934 14019 04/03/2024 MAR'24 LIVESCAN SVCS 25.0001.0120.1210.5919 14020 04/03/2024 MAR'24 PH CC CODE AMENDMENT 320.44
01.0100.1020.5405 14017 04/03/2024 APR'24 WATER FILTER CHALL 126.7901.0160.1620.5520 14017 04/03/2024 APR'24 WATER FILTER SCTR 64.9501.0100.1040.5922 14015 04/03/2024 WOMEN'S EMPOWERMENT EVENT GIVEAWAYS 637.2501.0120.1210.5920 14016 04/03/2024 MUNICIPAL CODE SUPPLEMENTS 455.00
01.0140.1100.5215 14014 04/03/2024 JAN'24 PARKING CITE SVCS 4,477.37
01.0140.7020.5215 14014 04/03/2024 FEB'24 ADMIN CITY PROCESSING SVCS 1,201.6001.0140.1100.5215 14014 04/03/2024 FEB'24 PARKING CITE SVCS 2,957.09
01.0140.7020.5215 14014 04/03/2024 NOV'23 ADMIN CITE PROCESSING SVCS 153.20
01.0140.1100.5215 14014 04/03/2024 NOV'23 PARKING CITE SVCS 3,203.54
01.0140.7020.5215 14014 04/03/2024 JAN'24 ADMIN CITE PROCESSING SVCS 153.2001.0100.1020.5405 14013 04/03/2024 OFFICE SUPPLIES 630.0801.0140.7020.5215 14014 04/03/2024 OCT'23 ADMIN CITE PROCESSING SVCS 818.80
01.0140.1100.5215 14014 04/03/2024 OCT'23 PARKING CITE SVCS 10,959.15
01.0160.1620.5520 14012 04/03/2024 BANNER/ SCTR CLOSURE 214.9801.0100.1020.5405 14013 04/03/2024 ADMIN SUPPLIES 33.1401.0100.1020.5405 14013 04/03/2024 ADMIN SUPPLIES 22.0901.0130.1330.5215 14011 04/03/2024 DEC'23 MANAGED SVCS 13,530.0001.0130.1330.5215 14011 04/03/2024 DEC'23 OFFICE 365 4,607.5601.0130.1330.5215 14011 04/03/2024 DEC'23 CLOUC SVCS 750.0001.0140.1410.5204 14008 04/03/2024 MAR'24 PC MEETING 150.0001.0140.1410.5204 14009 04/03/2024 MAR'24 PC MEETING 150.0001.0000.0000.4554 14010 04/03/2024 3/30/24 MVD DAMAGE DEPOSIT RFND 50.0001.0110.1110.5220 14006 04/03/2024 FEB'24 GRANT SPL ASSIGN DEPUTY 18,883.7801.0110.1110.5610 14006 04/03/2024 FEB'24 LIABILITY INSURANCE 51,936.24
01.0150.1530.5956 14007 04/03/2024 POLO UNIFORMS/ REC STAFF 133.1301.0110.1110.5220 14006 04/03/2024 FEB'24 B/W PATROL FORD EXPLR 17,640.1601.0110.1110.5220 14006 04/03/2024 FEB'24 LAW ENFORCEMENT SVCS 332,863.76
01.0110.1110.5220 14006 04/03/2024 FEB'24 SPL ASSIGN DEPUTY 81,054.48
70.0900.9020.5215 14004 04/03/2024 JAN'24 NDPES PRGM SVCS 4,438.7025.0550.5510.5215 14004 04/03/2024 JAN'24 USED OIL RECYCLING 236.2501.0140.1410.5204 14005 04/03/2024 MAR'24 PC MEETING 150.0027.0575.5710.5215 14004 04/03/2024 FEB'24 BCR PRGM SVCS 4,500.1427.0575.5710.5215 14004 04/03/2024 JAN'24 BCR PRGM SVCS 712.5001.0140.1475.5255 14004 04/03/2024 JAN'24 IW PRGM SVCS 10,787.2501.0150.1510.5204 14001 04/03/2024 MAR'24 COMM SVCS COMMISSION MTG 100.00
01.0140.1410.5204 14002 04/03/2024 MAR'24 PC MEETING 150.0001.0000.0000.4554 14003 04/03/2024 3/23/24 MVD GAZEBO DAMAGE DEP RFND 50.00
06.0300.3010.5215 13999 04/03/2024 3/11-3/15/24 MEALS/ CI & CII NUTR PRGM 5,146.25
06.0300.3020.5215 13999 04/03/2024 3/11-3/15/24 MEALS/ CI & CII NUTR PRGM 423.5001.0150.1510.5204 14000 04/03/2024 MAR'24 COMM SVCS COMMISSION MTG 100.0001.0150.1510.5204 13998 04/03/2024 MAR'24 COMM SVCS COMMISSION MTG 100.0006.0300.3010.5215 13999 04/03/2024 3/4-3/8/24 MEALS/ CI & CII NUTR PRGM 4,237.7506.0300.3020.5215 13999 04/03/2024 3/4-3/8/24 MEALS/ CI & CII NUTR PRGM 393.2501.0140.1430.5908 13997 04/03/2024 4/29/24 GRANT MGMT REGISTRATION FEE 595.00
SECTRAN SECURITY INC.
SIERRA MONROVIA CDJR, LLCSTUDIO SPECTRUM, INC.SUPERIOR COURT OF CA, COUNTY OF LASUPERIOR COURT OF CA, COUNTY OF LASUPERIOR COURT OF CA, COUNTY OF LASUPERIOR COURT OF CA, COUNTY OF LASUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSTAG/AMS, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRUSAICWENDY SAMANOWINNER INTERNATIONAL INC.
01.0000.0000.4554 14031 04/03/2024 3/16/24 MVD CR DAMAGE DEPOSIT RFND 50.00
01.0150.1530.5952 14032 04/03/2024 EASTER BALLOONS 70.1202.0170.1760.5260 14029 04/03/2024 FEB'24 TRAFFFIC ENG SVCS 300.0002.0170.1760.5260 14029 04/03/2024 FEB'24 TRAFFIC ENG SVCS 712.5001.0130.1310.5215 14030 04/03/2024 APR'24 ACA MONTHLY 1,061.2101.0170.1105.5215 14029 04/03/2024 FEB'24 PJT MGMT CCTR FL #636 870.00
01.0170.1105.5215 14029 04/03/2024 FEB'24 PLAN CHECK SVCS 1,942.5002.0170.1760.5260 14029 04/03/2024 FEB'24 TRAFFIC ENG SVCS 487.5068.0900.9000.6025 14029 04/03/2024 FEB'24 POOL REPLAST, PJT MGMT #252 740.0040.0900.9000.5968 14029 04/03/2024 FEB'24 VARIOUS SIGNAL PJT MGMT #295 4,615.0001.0170.1105.5215 14029 04/03/2024 FEB'24 PJT MGMYT SCRT FL #635 1,436.2568.0900.9000.6025 14029 04/03/2024 FEB'24 CHALL RSTRM MGMT #252 1,110.0040.0900.9000.5968 14029 04/03/2024 FEB'24 PJT MGMT #296 2,312.5038.0900.9000.5968 14029 04/03/2024 FEB'24 PAVEMENT MGMT PLAN #627 2,320.0068.0900.9000.5968 14029 04/03/2024 FEB'24 ADMIN/ENGINEER #110 6,802.0002.0170.1760.5260 14029 04/03/2024 JAN'24 TRF UNITED DIESEL SVCS FIRE LANE REV 225.0002.0170.1760.5260 14029 04/03/2024 JAN'24 TRF PARKING PRIVATE RD ASSESSMENT 170.00
68.0900.9000.5968 14029 04/03/2024 FEB'24 PLANNING/ADMIN #140 427.00
02.0170.1760.5260 14029 04/03/2024 JAN'24 TRF GENERAL TRAFFIC 375.00
02.0170.1760.5260 14029 04/03/2024 JAN'24 TRF REV 11214 RUSH ST 150.00
02.0170.1760.5260 14029 04/03/2024 JAN'24 TRF 2023 VMT GUIDLINES UPDATE 170.0001.0170.1105.5215 14029 04/03/2024 JAN'24 DOG PARK CONCEPT ESTIMATE 2,610.0002.0170.1760.5260 14029 04/03/2024 JAN'24 TRF 2727 ROSEMEAD BLVD 300.00
02.0170.1760.5260 14029 04/03/2024 JAN'24 TRF 1127 SANTA ANITA AVE 300.0068.0900.9000.6025 14029 04/03/2024 JAN'24 NTP/PJT MGMT #252 290.0068.0900.9000.6025 14029 04/03/2024 JAN'24 POOL REPLAST/ PJT MGMT #252 1,215.0001.0170.1105.5215 14029 04/03/2024 JAN'24 PJT MGMT #295 8,621.0038.0900.9000.5968 14029 04/03/2024 JAN'24 PAVEMENT MGMT PLAN #627 660.0068.0900.9000.5968 14029 04/03/2024 JAN'24 PJT MGMT #110 2,270.7568.0900.9000.6025 14029 04/03/2024 JAN'24 CHALL RSTRM ENG SVCS #252 1,215.0001.0100.1050.5936 14028 04/03/2024 FEB'24 RANDOM DRUG TEST 55.0001.0170.1105.5215 14029 04/03/2024 JAN'24 ADMIN SVCS #140 726.0040.0900.9000.5968 14029 04/03/2024 JAN'24 PJT MGMT #296 1,110.0001.0150.1530.5430 14027 04/03/2024 KARAOKE EVENT SUPPLIES 32.9806.0300.3010.5430 14027 04/03/2024 BREAD/ CI & CII NUTR PRGM 75.3306.0300.3020.5430 14027 04/03/2024 BREAD/ CI & CII NUTR PRGM 8.3706.0300.3020.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 1.5906.0300.3010.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 149.1806.0300.3020.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 16.5706.0300.3010.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 71.77
06.0300.3020.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 7.9706.0300.3010.5430 14027 04/03/2024 FOOD/ CI & CII NUTR PRGM 14.3701.0140.1100.5215 14026 04/03/2024 NOV'23 CITATION REVENUE 7,199.5001.0140.1100.5215 14026 04/03/2024 JAN'24 CITATION REVENUE 6,411.5001.0140.1100.5215 14026 04/03/2024 FEB'24 CITATION REVENUE 5,693.0044.0800.8010.5525 14024 04/03/2024 #26 PASSANGER DOOR REPLACEMENT 124.5814.0440.4410.6015 14025 04/03/2024 EQUIPMENT & INSTALL/ CHAMBER 1,824.7401.0140.1100.5215 14026 04/03/2024 OCT'23 CITATION REVENUE 5,028.0001.0130.1310.5280 14023 04/03/2024 MAR'24 ARMORED SVCS 206.26
WINNER INTERNATIONAL INC.
WINNER INTERNATIONAL INC.WINNER INTERNATIONAL INC.AFLAC WORLDWIDE HEADQUARTERSATHENS SERVICESCALPERSCALPERSCALPERSCALPERSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDELTA DENTAL OF CALIFORNIADEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITJCB FINANCE, PROG. BANK OF THE WESTSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERVISION SERVICE PLANU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATION
01.0150.1510.5406 DFT0001608 02/06/2024 DECORATING CONTEST WINNER SIGNS 85.95
01.0150.1540.5431 DFT0001608 02/06/2024 DEC'23 MUSIC MEMBERSHIP 16.9901.0151.1543.5952 DFT0001608 02/06/2024 WINTER CAMP EXCURSION DEPOSIT 150.0001.0151.1546.5406 DFT0001608 02/06/2024 TOY DRIVE SUPPLIES 936.0001.0100.1040.5908 DFT0001608 02/06/2024 CAPIO MEMBERSHIP 400.0001.0150.1540.5912 DFT0001608 02/06/2024 STAFF LUNCH MEETING 358.3601.0151.1541.5430 DFT0001608 02/06/2024 YOUTH BBALL SUPPLIES 153.9901.0151.1543.5952 DFT0001608 02/06/2024 SPECIAL EVENT SUPPLIES 262.52
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 516.19
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 68.1401.0150.1540.5912 DFT0001608 02/06/2024 REC STAFF MEETING 88.4301.0150.1540.5431 DFT0001608 02/06/2024 BABY LAB & AFTER SCHOOL PRGM SUPP 277.41
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 748.06
01.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP & REC CLASS SUPP 220.7401.0150.1540.5431 DFT0001608 02/06/2024 NTP AFTER SCHOOL PRGM SUPP 919.3301.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP SUPPLIES 243.4401.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP EXCURSION 885.00
01.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP SUPPLIES 144.8601.0130.1330.6015 DFT0001608 02/06/2024 MONITORS/ COMM DEV 345.7501.0100.1010.5910 DFT0001608 02/06/2024 MAR'24 WELL CONFERENCE REGISTRATION 150.0001.0150.1540.5431 DFT0001608 02/06/2024 PROGRAM SUPPLIES 105.7301.0170.1730.5720 DFT0001605 03/22/2024 3/1-4/1/24 1900 CENTRAL AVE 108.3301.0170.1730.5720 DFT0001606 03/22/2024 3/1-4/1/24 1415 SANTA ANITA AVE 72.2201.0000.0000.2255 DFT0001607 03/21/2024 APR'24 VISION INSURANCE 965.02
01.0000.0000.2270 DFT0001603 03/21/2024 CASE 1457313 402.5001.0000.0000.2270 DFT0001603 03/21/2024 CASE 200000002135289 780.5001.0170.1770.5950 DFT0001604 03/18/2024 MAR'24 TRACTOR LEASE 1,694.67
01.0000.0000.2210 DFT0001602 03/25/2024 PPE 3/16/24 STATE WTHD'G 7,115.9601.0000.0000.2270 DFT0001603 03/21/2024 CASE 0980438 150.0001.0000.0000.2270 DFT0001603 03/21/2024 CASE 200000002163990 359.0001.0000.0000.2215 DFT0001601 03/22/2024 PPE 3/16/24 FICA 28,624.4801.0000.0000.2030 DFT0001602 03/25/2024 PPE 3/16/24 UI TAX WTHD'G 918.6501.0000.0000.2030 DFT0001602 03/25/2024 PPE 3/16/24 TNG WTHD'G 45.8901.0000.0000.2260 DFT0001600 03/21/2024 APR'24 DENTAL 7,083.3401.0000.0000.2205 DFT0001601 03/22/2024 PPE 3/16/24 FEDERAL 19,480.11
01.0000.0000.2215 DFT0001601 03/22/2024 PPE 3/16/24 MEDICARE 6,694.38
01.0000.0000.2020 DFT0001598 03/21/2024 RATE PLAN 27216 19,621.1001.0000.0000.2020 DFT0001598 03/21/2024 RATE PLAN 23047 1,990.6301.0000.0000.2020 DFT0001599 03/21/2024 MAR'24 RATE PLAN 27216 349.64
01.0100.1050.5941 DFT0001597 03/21/2024 APR'24 ADMIN FEE/ RETIRED 22.2401.0100.1050.5945 DFT0001597 03/21/2024 APR'24 EMPOLYEE SHARE/ RETIRED 1,099.0001.0000.0000.2020 DFT0001598 03/21/2024 RATE PLAN 685 10,177.2702.0170.1760.5550 DFT0001596 03/18/2024 MAR'24 SWEEPER SVCS 6,610.80
01.0000.0000.2250 DFT0001597 03/21/2024 APR'24 ACTIVE EMPLOYEE PREMIUM 97,464.08
01.0100.1050.5941 DFT0001597 03/21/2024 APR'24 ADMIN FEE/ ACTIVE 311.89
01.0150.1530.5952 14032 04/03/2024 EASTER LUNCHEON/ TABLE CLOTH 60.6601.0150.1530.5952 14032 04/03/2024 EASTER EVENT SUPPLIES 51.2701.0000.0000.2225 DFT0001595 03/27/2024 MAR'24 INSURANCE 994.5601.0150.1530.5952 14032 04/03/2024 EASTER BALLOONS & DECOR 60.58
U.S. BANK NATIONAL ASSOCIATION
U.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATION
01.0150.1530.5952 DFT0001608 02/06/2024 SAM'S CLUB MEMBERSHIP 55.13
01.0100.1050.5912 DFT0001608 02/06/2024 INTERVIEW PANEL LUNCH 134.84
01.0150.1530.5430 DFT0001608 02/06/2024 MEDIEVAL TIME TICKETS/ SR EXCURSION 1,669.5001.0150.1530.5952 DFT0001608 02/06/2024 DRY CLEANING/ TABLE CLOTHES 9.00
01.0150.1530.5952 DFT0001608 02/06/2024 CAKE PLATES/ NEW YEAR'S LUNCHEON 32.9401.0100.1010.5910 DFT0001608 02/06/2024 CAR RENTAL INSURANCE 39.0001.0100.1040.5922 DFT0001608 02/06/2024 PHOTOSHOP/ FLYERS & PICTURES 9.9901.0150.1530.5406 DFT0001608 02/06/2024 SUPPLIES 180.6901.0100.1010.5910 DFT0001608 02/06/2024 MAYOR & COUNCIL MEMBERS ACADEMY/ CAR RENTAL 134.46
01.0100.1010.5910 DFT0001608 02/06/2024 JAN'24 MEMBERS ACADEMY/ PARKING CHARGES 82.6301.0100.1010.5910 DFT0001608 02/06/2024 2/15 STATE OF PUBLIC SFTY SGV/ REGISTRATION 80.0001.0170.1760.5540 DFT0001608 02/06/2024 STRAIGHT CUP SNIPS 49.5101.0170.1760.5540 DFT0001608 02/06/2024 POWER WASHER TIPS 88.1302.0170.1760.5540 DFT0001608 02/06/2024 MAINT SUPP/ ST&RD MTNC 121.14
01.0170.1750.5962 DFT0001608 02/06/2024 FISH TAPE & TOOL BAGS 137.74
01.0170.1750.5962 DFT0001608 02/06/2024 LANDSCAPE TOOLS 28.6001.0170.1760.5540 DFT0001608 02/06/2024 PUMP SUPPLIES/ ST&RD MTNC 122.1501.0170.1720.5520 DFT0001608 02/06/2024 STORAGE KEYS 21.8401.0170.1750.5505 DFT0001608 02/06/2024 STORAGE CONTAINERS 264.5101.0170.1750.5505 DFT0001608 02/06/2024 STOCK REPLACEMENT 54.8601.0170.1710.5520 DFT0001608 02/06/2024 PLANT REPLACEMENT 77.1301.0170.1720.5420 DFT0001608 02/06/2024 FIRST AID SUPP/ YARD 592.5001.0170.1710.5520 DFT0001608 02/06/2024 ICE MAKER SUPP/ CHALL 36.6001.0170.1710.5520 DFT0001608 02/06/2024 WIRE & CORD PROTECTOR 41.8601.0170.1020.5908 DFT0001608 02/06/2024 MSA PW TRAINING 190.5501.0170.1710.5520 DFT0001608 02/06/2024 WATER LINE SUPP/ CHALL 520.17
01.0170.1710.5520 DFT0001608 02/06/2024 PLUMBING SUPPLIES 10.1801.0170.1020.5406 DFT0001608 02/06/2024 CARDBOARD BOXES 575.5101.0170.1020.5908 DFT0001608 02/06/2024 TRAINING MEALS 226.0101.0170.1020.5908 DFT0001608 02/06/2024 MSA PW TRAINING 468.6501.0160.1670.5520 DFT0001608 02/06/2024 ICE MAKER SUPP/ MVD 126.7501.0160.1670.5520 DFT0001608 02/06/2024 WATER LINE SUPP 16.9301.0170.1020.5406 DFT0001608 02/06/2024 SCOTCH TAPE 202.8801.0160.1640.5420 DFT0001608 02/06/2024 FIRST AID SUPP/ POOL 111.4301.0160.1650.5520 DFT0001608 02/06/2024 DRINKING WATER SUPP 34.8701.0160.1650.5520 DFT0001608 02/06/2024 JANITORIAL SUPPLIES 131.9901.0160.1610.5520 DFT0001608 02/06/2024 PLYWOOD/ CCTR 168.7201.0160.1630.5520 DFT0001608 02/06/2024 PAINT/ MCTR 53.5501.0160.1640.5420 DFT0001608 02/06/2024 FIRST AID SUPP 220.4401.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 2.9901.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 9.9901.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 2.9901.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 2.9901.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 2.99
01.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 9.9901.0150.1540.5431 DFT0001608 02/06/2024 TYLER PARKS & REC PYMT TEST 61.8001.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 158.76
01.0130.1330.5932 DFT0001608 02/06/2024 APPLE ICLOUD SUB 9.9901.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPPLIES 49.50
U.S. BANK NATIONAL ASSOCIATION
U.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATION
01.0150.1540.5406 DFT0001608 02/06/2024 OFFICE SUPPLIES 48.42
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 160.33
06.0300.3010.5430 DFT0001608 02/06/2024 NUTR PGRM SUPPLIES 83.0868.0900.9010.5974 DFT0001608 02/06/2024 APPLICATION FEE #407 22.2268.0900.9010.5974 DFT0001608 02/06/2024 STORM WATER APPLICATION FEE #407 808.00
06.0300.3010.5430 DFT0001608 02/06/2024 NUTR PGRM SUPPLIES 142.8006.0300.3010.5430 DFT0001608 02/06/2024 NUTR PGRM SUPPLIES 171.2706.0300.3010.5430 DFT0001608 02/06/2024 NUTR PGRM SUPPLIES 345.7801.0150.1530.5952 DFT0001608 02/06/2024 CANDY GRAMS DECOR 81.1701.0150.1530.5952 DFT0001608 02/06/2024 CLOTH MATERIAL/ LUNCHEON 109.50
06.0300.3010.5430 DFT0001608 02/06/2024 NUTR PGRM SUPPLIES 115.8201.0150.1530.5430 DFT0001608 02/06/2024 SENIOR SVCS SUPPLIES 54.0001.0150.1530.5952 DFT0001608 02/06/2024 CANDY GRAM SUPPLIES 37.0801.0150.1530.5952 DFT0001608 02/06/2024 EVENT DECORATIONS 45.4701.0150.1530.5430 DFT0001608 02/06/2024 FEB CRAFT SUPPLIES 59.3601.0150.1530.5430 DFT0001608 02/06/2024 SENIOR SVCS SUPPLIES 125.4201.0150.1530.5430 DFT0001608 02/06/2024 DIRECT TV MTHLYH SVCS 52.2401.0170.1020.5406 DFT0001608 02/06/2024 DAISY BAKERY TRAINING 25.0001.0170.1020.5406 DFT0001608 02/06/2024 CHALL SUPPLIES 31.5501.0100.1010.5910 DFT0001608 02/06/2024 MAR'24 WELL CONFERENCE REGISTRATION 150.0001.0170.1020.5406 DFT0001608 02/06/2024 CHALL SUPPLIES 26.5801.0170.1020.5406 DFT0001608 02/06/2024 CHALL SUPPLIES 30.0001.0170.1020.5406 DFT0001608 02/06/2024 OFFICE SUPP 27.1701.0130.1330.5715 DFT0001608 02/06/2024 CITY COUNCIL WIRELESS HOT SPOT 230.0001.0130.1330.5715 DFT0001608 02/06/2024 CITY COUNCIL WIRELESS HOT SPOT 230.0001.0130.1330.5932 DFT0001608 02/06/2024 1/17-2/16/24 ADOBE SUB 19.9901.0100.1040.5922 DFT0001608 02/06/2024 CITY COUNCIL SUPPLIES 167.42
01.0100.1010.5406 DFT0001608 02/06/2024 CITY COUNCIL SUPP 40.7801.0100.1010.5912 DFT0001608 02/06/2024 CITY COUNCIL MEETING SUPP 27.0001.0100.1040.5922 DFT0001608 02/06/2024 STAFF SHIRTS 821.1101.0100.1050.5912 DFT0001608 02/06/2024 INTERVIEW PANEL GIFT CARDS 50.0001.0100.1010.5406 DFT0001608 02/06/2024 CITY COUNCIL JACKETS 735.3501.0100.1010.5406 DFT0001608 02/06/2024 CITY COUNCIL SUPP 22.2601.0100.1020.5932 DFT0001608 02/06/2024 SGV VALLEY TRIBUNE SUBSCRIPTION 26.0001.0100.1020.5932 DFT0001608 02/06/2024 SGV VALLEY TRIBUNE SUBSCRIPTION 26.0001.0100.1020.5932 DFT0001608 02/06/2024 1/23-2/22/24 ZOOM SUBSCRIPTION 339.90
01.0100.1020.5912 DFT0001608 02/06/2024 REVIEW OF CITY COUNCIL/ MTG 51.8301.0100.1020.5912 DFT0001608 02/06/2024 STATE OF PUBLIC SFTY/ T.C CHAMBER 80.0001.0100.1020.5932 DFT0001608 02/06/2024 LA TIMES SUBSCRIPTION 15.9601.0151.1542.5952 DFT0001608 02/06/2024 BOXING GYM SUPPLIES 649.8601.0151.1542.5952 DFT0001608 02/06/2024 LINE MAKERS/ BOXING SHOW 2,499.4801.0100.1020.5912 DFT0001608 02/06/2024 CITY OF ARCADIA SYMPOSIUM 20.00
01.0120.1210.5406 DFT0001608 02/06/2024 OFFICE SUPPLIES 363.8101.0140.1430.5908 DFT0001608 02/06/2024 SNACKS/ ZONE CODE UPDATE WORKSHOP 36.4001.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP PRGM SUPPLIES 363.0501.0120.1210.5406 DFT0001608 02/06/2024 OFFICE SUPPLIES 200.7501.0120.1210.5406 DFT0001608 02/06/2024 OFFICE SUPPLIES 17.6401.0120.1210.5406 DFT0001608 02/06/2024 OFFICE SUPPLY 78.2201.0120.1210.5406 DFT0001608 02/06/2024 OFFICE SUPPLIES 105.49
U.S. BANK NATIONAL ASSOCIATION
U.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISON
01.0170.1730.5710 DFT0001618 03/27/2024 2/14-3/14/24 1530 CENTRAL AVE 1,855.03
01.0170.1730.5710 DFT0001619 03/27/2024 2/14-3/14/24 1556 CENTRAL AVE 1,451.79
01.0170.1730.5710 DFT0001615 03/25/2024 2/8-3/10/24 1459 SANTA ANITA AVE 456.1501.0170.1730.5710 DFT0001616 03/27/2024 2/14-3/14/24 1415 SANTA ANITA AVE 2,099.6701.0170.1730.5710 DFT0001617 03/27/2024 2/14-3/14/24 1824 CENTRAL AVE 343.44
01.0170.1730.5705 DFT0001612 03/26/2024 2/14-3/15/24 1824 CENTRAL AVE 112.3201.0170.1730.5705 DFT0001613 03/26/2024 2/14-3/15/24 1900 CENTRAL AVE 94.6001.0170.1730.5705 DFT0001614 03/26/2024 2/14-3/15/24 1450 LIDCOMBE 87.5001.0170.1730.5705 DFT0001609 03/26/2024 2/14-3/15/24 1556 CENTRAL AVE 650.4101.0170.1730.5705 DFT0001610 03/26/2024 2/14-3/15/24 1530 CENTRAL AVE 530.0701.0170.1730.5705 DFT0001611 03/26/2024 2/14-3/15/24 1500 CENTRAL AVE 2,121.88
01.0130.1330.5215 DFT0001608 02/06/2024 CITY WEBSITE DOMAIN ANNUAL RENEWAL 499.9901.0130.1330.5932 DFT0001608 02/06/2024 ADOBLE CLOUD APPS 23.9901.0130.1330.6020 DFT0001608 02/06/2024 3 MICROSOFT SURFACE LAPTOPS 5,268.4801.0100.1010.5910 DFT0001608 02/06/2024 MAR'24 WELL CONFERENCE REGISTRATION 150.0001.0100.1010.5912 DFT0001608 02/06/2024 FEB'24 STATE OF PUBLIC SFTY SGV REGISTRATION 80.0001.0100.1010.5912 DFT0001608 02/06/2024 JAN'24 CITY COUNCIL MEETING MEALS 351.12
01.0130.1330.5715 DFT0001608 02/06/2024 11/2-12/2/23 CITY CELL SVCS- FIRSTNET 6,727.1101.0130.1330.5932 DFT0001608 02/06/2024 ICLOUD STORAGE MTHLY CHARGE 0.99
01.0130.1330.5932 DFT0001608 02/06/2024 ICLOUD STORAGE MTHLY CHARGE 2.99
01.0130.1330.5215 DFT0001608 02/06/2024 CABLE & INTERNET SVCS 325.09
01.0130.1330.5215 DFT0001608 02/06/2024 DEC'23 INTERNET SVCS 327.0401.0130.1330.5215 DFT0001608 02/06/2024 DEC'23 STAMPLI MONTHLY CHARGE 1,673.0001.0151.1542.5914 DFT0001608 02/06/2024 USA BOXING/ CINCO DE MAYO SANCTION FEE 330.0001.0151.1542.5914 DFT0001608 02/06/2024 USA BOXING/ CLUB FEE 205.0001.0130.1330.5215 DFT0001608 02/06/2024 CABLE & INTERNET SVCS 152.97
01.0151.1542.5914 DFT0001608 02/06/2024 THANKSGIVING BOXING SHOW SANCTION FEE 330.00
01.0151.1542.5914 DFT0001608 02/06/2024 USA BOXING/ STAFF MEMBERSHIP 470.0001.0151.1542.5914 DFT0001608 02/06/2024 USA BOXING/ 4TH OF JULY SANCTION FEE 330.0001.0150.1540.5914 DFT0001608 02/06/2024 CRPS MEMBERSHIP RENEWAL FEES 550.00
01.0150.1540.5914 DFT0001608 02/06/2024 CRPS MEMBERSHIP RENEWAL FEES 175.00
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPPLIES 86.9001.0150.1540.5914 DFT0001608 02/06/2024 CRPS MEMBERSHIP RENEWAL FEES 10.0001.0150.1540.5910 DFT0001608 02/06/2024 CRPS CONFERENCE FEES/ E. MIRANDA 640.00
01.0150.1540.5910 DFT0001608 02/06/2024 CRPS CONFERENCE FEES/ E. HERNANDEZ 615.00
01.0150.1540.5914 DFT0001608 02/06/2024 CRPS MEMBERSHIP RENEWAL FEES 135.00
01.0150.1540.5431 DFT0001608 02/06/2024 PRGM SUPPLIES 3.3101.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 25.9501.0150.1540.5910 DFT0001608 02/06/2024 CRPS CONFERENCE FEES/ C. PARDO 640.00
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 15.0001.0150.1540.5431 DFT0001608 02/06/2024 PRGM SUPPLIES 11.1001.0150.1540.5431 DFT0001608 02/06/2024 BABY LAB PRGM SUPP 11.0301.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 242.74
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 44.3901.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 21.1701.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 106.61
01.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 96.8001.0150.1540.5431 DFT0001608 02/06/2024 AFTER SCHOOL PRGM SUPP 83.5101.0150.1540.5431 DFT0001608 02/06/2024 WINTER CAMP SUPPLIES 142.51
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 WATERHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERUS BANK VOYAGER FLEET SYS Grand Total
01.0170.1730.5720 DFT0001655 04/03/2024 2/12-3/13/24 2464 ROSEMEAD BLVD 314.18
02.0170.1760.5966 DFT0001656 03/06/2024 12/26-1/24/24 FUEL-CITY TRANSPORTATION 4,893.78 994,815.17
01.0170.1710.5520 DFT0001653 03/26/2024 GRASS/ CHALL TREE REMOVAL 925.0601.0170.1750.5505 DFT0001653 03/26/2024 PLYWOOD/ EXPOSED HOLE 270.86
01.0170.1730.5720 DFT0001654 04/03/2024 2/12-3/13/24 2620 ROSEMEAD BLVD 154.85
01.0170.1730.5720 DFT0001652 03/26/2024 2/2-3/5/24 1222 PECK RD 250.54
01.0170.1710.5520 DFT0001653 03/26/2024 PLANTS/ CHALL POTS 118.8101.0170.1710.5520 DFT0001653 03/26/2024 SOD/ CHALL TREE REMOVAL 360.56
01.0170.1730.5720 DFT0001649 03/29/2024 2/6-3/7/24 1450 LIDCOMBE 218.68
01.0170.1730.5720 DFT0001650 03/26/2024 2/2-3/5/24 1660 DURFEE AVE 136.6401.0170.1730.5720 DFT0001651 03/26/2024 2/2-3/5/24 1710 DURFEE AVE 218.6801.0170.1730.5720 DFT0001646 03/29/2024 2/7-3/11/24 1652 TYLER AVE 136.6401.0170.1730.5720 DFT0001647 03/29/2024 2/7-3/11/24 1530 CENTRAL AVE 286.9701.0170.1730.5720 DFT0001648 03/26/2024 2/2-3/5/24 1508 PECK RD 218.68
01.0170.1730.5720 DFT0001643 03/29/2024 2/7-3/11/24 N LERMA/MILLET 232.3401.0170.1730.5720 DFT0001644 03/27/2024 2/5-3/6/24 1903 DURFEE AVE 323.2901.0170.1730.5720 DFT0001645 04/01/2024 2/8-3/12/24 2218 ROSEMEAD BLVD 136.64
01.0170.1730.5720 DFT0001640 03/29/2024 2/6-3/7/24 1675 DURFEE AVE 150.3001.0170.1730.5720 DFT0001641 03/29/2024 2/7-3/11/24 1900 CENTRAL AVE 163.93
01.0170.1730.5720 DFT0001642 03/29/2024 2/7-3/11/24 MERCED N/W SANTA ANITA 63.7501.0170.1730.5720 DFT0001637 03/29/2024 2/7-3/11/274 2022 N CENTRAL AVE 68.3401.0170.1730.5720 DFT0001638 03/29/2024 2/7-3/11/24 2000 SANTA ANITA AVE 68.3401.0170.1730.5720 DFT0001639 03/29/2024 2/7-3/11/24 1824 CENTRAL AVE 455.4001.0170.1730.5720 DFT0001634 04/01/2024 2/8-3/12/24 2004 ROSEMEAD BLVD 27.3301.0170.1730.5720 DFT0001635 03/26/2024 2/2-3/5/24 1502 PECK RD 309.73
01.0170.1730.5720 DFT0001636 03/29/2024 2/7-3/11/24 1556 CENTRAL AVE 423.5301.0170.1730.5720 DFT0001632 03/29/2024 2/7-3/11/24 1500 N CENTRAL AVE 1,115.4701.0170.1730.5720 DFT0001633 03/29/2024 2/7-3/11/24 N/E MERCED SANTA ANITA 136.6401.0170.1730.5720 DFT0001630 03/26/2024 2/2-3/5/24 1628 DURFEE AVE 218.6801.0170.1730.5720 DFT0001631 03/26/2024 2/2-3/5/24 FARNDON PECK 68.3401.0170.1730.5720 DFT0001627 03/29/2024 2/7-3/11/24 1819 N CENTRAL AVE 259.65
01.0170.1730.5720 DFT0001628 03/26/2024 2/2-3/5/24 1109 PECK RD 218.68
01.0170.1730.5720 DFT0001629 03/26/2024 2/2-3/5/24 THIENES/PARKWAY 29.50
01.0170.1730.5720 DFT0001624 03/27/2024 2/5-3/6/24 2018 DURFEE AVE 223.2301.0170.1730.5720 DFT0001625 03/27/2024 2/5-3/6/24 1926 DURFEE AVE 218.6801.0170.1730.5720 DFT0001626 03/29/2024 2/7-3/11/24 1415 SANTA ANITA AVE 368.9001.0170.1730.5720 DFT0001621 03/29/2024 2/7-3/11/24 10452 RUSH ST 68.3401.0170.1730.5720 DFT0001622 03/29/2024 2/7-3/11/24 1707 N MERCED AVE 27.3301.0170.1730.5720 DFT0001623 03/29/2024 2/7-3/11/24 1819 N MERCED AVE 68.3401.0170.1730.5720 DFT0001620 03/27/2024 2/5-3/6/24 11016 GOMEZ PALACIO DR 27.33
City Council Agenda Report
Agenda Item No. 7.c.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-143, AWARDING A CONTRACT SERVICES AGREEMENT
TO BASE HILL, INC. FOR JANITORIAL MAINTENANCE
SERVICES
SUMMARY: Staff seeks City Council approval to award a Contract Services Agreement to Base Hill, Inc. for Janitorial Maintenance Services.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Adopt Resolution No. 24-143, awarding an agreement to Base Hill, Inc. for Janitorial Maintenance Services in the amount of $450,000; and
3. Authorize the City Manager or designee to negotiate and execute the agreement.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.
Entering into an agreement for janitorial maintenance services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
FISCAL/FINANCIAL IMPACT: The total contract amount for the three-year term will not exceed $450,000, with an annual cap of $150,000 per fiscal year. $250,000 has been appropriated for these services within the City Council’s approved FY 2023/24 budget.
DISCUSSION: On February 13, 2024, the City Council authorized staff to issue a Request For Proposal (RFP) for Janitorial Maintenance Services from qualified firms to provide janitorial services at six City facilities. The City requires Janitorial Maintenance Services to ensure the general and efficient maintenance of City facilities. This maintenance upholds and reinforces the City's professionalism and dedication to offering clean, sanitary facilities for its residents and staff, as well as for developers, contractors, and the public.
On February 14, 2024, the City released an RFP for Janitorial Maintenance Services.
The deadline for submission of responses was set for March 13, 2024, at 2:00 p.m. Eight consultants submitted proposals: Base Hill, Inc.; Merchants Building Maintenance; Premier Property Preservation; Priority Building Services, LLC; Santa Fe Janitorial Maintenance Services Inc.; Service Leader; Ultimate Maintenance Services; Harbor Building Maintenance; and Ecobrite Services. The proposals were evaluated based on the established criteria outlined in the RFP. These criteria included completeness of the proposals and adherence to the required RFP format, submission of required information, project understanding, scope and approach to develop the project efficiently, experience and qualifications of key staff, similar project experience and efficiency of the proposed schedule.
Below is the list of Bidders and Bid amounts:
Bidder Name (from low to high) Bid Amount
Merchants Building Maintenance $ 7,837.00
Base Hill, Inc. $ 8,085.00
Premier Property Preservation $ 8,305.50
Ultimate Maintenance Services $ 9,275.00
Harbor Building Maintenance $ 10,264.00
Santa Fe Janitorial Maintenance Services Inc. $ 10,343.89 Priority Building Services, LLC $ 13,328.00
Service Leader $ 14,737.38
The designated City facilities for janitorial services and their approximate square footage are as follows:
• City Hall: 11,109 square feet
• Community Center & Boxing Center: 23,577 square feet
• Mini Center: 4,124 square feet
• Public Safety Center: 900 square feet
• Senior Center: 16,080 square feet
• Maintenance Yard: 8,270 square feet
Staff reviewed the proposals and determined that the proposal from Base Hill, Inc. was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services. Despite being $248 more per month
than the lowest bidder, Base Hill, Inc. is being recommended due to its proven track record of consistently meeting and exceeding municipalities’ needs, as evidenced by the positive feedback received from city staff.
Base Hill, Inc.'s proposal demonstrated a thorough understanding of the required services and showcased extensive experience in similar projects. With over 30 years of experience providing building and property maintenance services for private properties, commercial facilities, federal, and local governments, Base Hill annually services approximately 2 million square feet of office spaces. Since 2019, Base Hill, Inc. has been providing janitorial services for the City of South El Monte. Throughout this period, the Base Hill, Inc. team has consistently demonstrated high responsiveness when assigned additional tasks. This demonstrates its commitment to ensuring the city's needs are consistently met.
Staff recommends awarding the Professional Services Agreement for Janitorial Maintenance Services to Base Hill, Inc. The Professional Services Agreement is for a term of three (3) years, starting April 10, 2024, through April 10, 2027. The City retains the sole discretion to renew for up to two (2) additional one-year terms.
Staff report prepared by Andrés González, Senior Public Works Analyst.
ATTACHMENT(S):
A. Resolution No. 24-143
B. (SEM) Base Hill Inc. Contract Services Agreement for Janitorial Services (2024)(973580.1)
01257.0006/973575.1
ATTACHMENT A
RESOLUTION NO. 24-143
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
BASE HILL, INC. FOR JANITORIAL MAINTENANCE
SERVICES
WHEREAS, on February 13, 2024, the City Council authorized staff to issue a Request for Proposals (RFP) for Janitorial Maintenance Services at six City facilities; and WHEREAS, on February 14, 2024, City staff issued a RFP for Janitorial Services with a proposal due date of March 13, 2024; and
WHEREAS, the City received eight (8) bids for the project on March 13, 2024; and WHEREAS, City staff evaluated the proposals and determined that Base Hill, Inc. was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services; and
WHEREAS, Base Hill, Inc. has over 30 years of experience providing building and property maintenance services for private properties, commercial facilities, federal, and local governments.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for janitorial maintenance services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
SECTION 3: Upon reviewing the bids submitted for janitorial maintenance services, the City Council hereby finds that Base Hill, Inc. has submitted the most qualified proposal pursuant to the City’s purchasing policy, in the amount of $450,000 with an annual not-to-exceed amount of $150,000.
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SECTION 4. The City Council hereby authorizes and directs the City Manager to take all actions necessary to effectuate and execute a professional services agreement with Base Hill, Inc. for Janitorial Maintenance Services, subject to review and approval by the City Attorney as to form, and consistent with the scope of the City Council’s approval of this matter as set forth in the staff report including all contingency amounts and necessary approvals by the City for the work herein.
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED and ADOPTED this 9th day of April 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. 24-143 was passed and approved by the City Council of the City of South El Monte at a Regular meeting of said Council held on the 9th day of April 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
Attachment B
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
BASE HILL, INC.
01257.0006/973580.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
BASE HILL, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 9th day of April, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and BASE HILL, INC., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Fifty Thousand Dollars ($450,000.00) (the “Contract Sum”), and not exceed One Hundred Fifty Thousand Dollars ($150,000.00) per fiscal year unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
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Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole and absolute discretion, extend the Term for two (2) additional oneyear terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
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The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Philip Van Project Manager
(Name) (Title)
Young Chung Site Supervisor
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be John Poehler Public Works Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the
01257.0006/973580.1 7
Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
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5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
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To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
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Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as
01257.0006/973580.1 13
“works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
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In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
01257.0006/973580.1 15
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of $500.00 (Five Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and
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prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
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Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
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This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
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bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Rene Salas, City Manager
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
BASE HILL, INC., a California corporation
By:
Name: Sunny Kim
Title: CEO
By:
Name: Sunny Kim
Title: Secretary
Address: 11823 East Slauson Avenue, Suite 3
Santa Fe Springs, CA 90670
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01257.0006/973580.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0006/973580.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
II. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0006/973580.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Provide janitorial services for the following city facilities:
1. City Hall
2. Community Center & Boxing Center
3. Mini Center
4. Public Safety Center
5. Senior Center
6. Maintenance Yard
City Hall (1415 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 3 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.
Nightly Services (Four times a week)
1. Sweep and/or dust, mop all floors using dust control sweeping mops.
2. Vacuum all carpets and rugs.
3. Spot carpet stains with rug spotter.
4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers excepted).
5. Empty all wastebaskets and remove trash to pick-up area.
6. Damp wipe any glass top desks or counter tops.
7. Spot clean doors, doorframes, woodwork and around light switches.
8. Clean, polish and sanitize all drinking fountains.
9. Spot clean finger marks and smudges from walls.
10. Spot mop floors to remove spillage.
11. Sweep entranceway.
12. Thoroughly clean all tabletops and chairs.
13. Sweep stairways.
14. Clean all chalk trays and chalk boards.
15. Dust banister and handrails.
16. Remove gum from entranceways of building, walls, counters, tables, chairs, and floor throughout the building.
17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner.
01257.0006/973580.1 A-2
c. Wash and polish mirrors, powder shelves, bright work, including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.
Weekly Services
1. Perform low dusting of chairs, bottoms of furniture and baseboards.
2. Clean and sanitize downstairs shower.
Monthly Services
1. Dust Venetian blinds.
2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.
3. Machine scrub and wash all composition floors.
4. Wash all windows inside and out.
Community Center and Boxing Center (1530 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 7 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.
Nightly Services (Five times a week)
1. Sweep and/or dust, mop all floors using dust control sweeping mops.
2. Vacuum all carpets and rugs.
3. Spot carpet stains with rug spotter.
4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths.
5. Empty all wastebaskets and remove trash to pick-up area.
6. Damp wipe any glass top desks or counter tops.
7. Spot clean doors, doorframes, woodwork and around light switches.
8. Clean, polish and sanitize all drinking fountains.
9. Spot clean finger marks and smudges from walls.
10. Spot clean floors to remove spillage.
11. Sweep stairway.
12. Thoroughly clean all tabletops and chairs.
13. Sweep entranceway.
14. Clean all chalk trays and chalk boards.
15. Dust banister and handrails
16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.
17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution
b. Clean and refill restroom dispensers with supplies to be provided by the property owner
c. Wash and polish mirrors, powder shelved, bright work, including flush-ometers, piping and
01257.0006/973580.1 A-3
toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions
e. Remove all trash.
18. Kitchen
a. Clean all countertops.
b. Spot clean doors, refrigerators, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash, clean and refill restroom dispensers with supplies to be furnished by the property owner.
Weekly Services
1. Perform low dusting of chairs, bottoms of furniture and baseboards.
Monthly Services
1. Dust Venetian blinds.
2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.
3. Machine scrub and wash all composition floors.
4. Wash all windows inside and out.
Mini Center (1824 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately
1.5 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.
Nightly Services (Five times a week)
1. Sweep and/or dust, mop all floors using dust control sweeping mops.
2. Vacuum all carpets and rugs.
3. Spot carpet stains with rug spotter.
4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office Equipment using special treated dust clothes (desks and tables covered with papers excepted).
5. Empty all wastebaskets and remove trash to pick-up area.
6. Damp wipe any glass top desks or counter tops.
7. Spot clean doors, doorframes, woodwork and around light switches.
8. Clean, polish and sanitize all drinking fountains.
9. Spot clean finger marks and smudges from walls.
10. Spot mop floors to remove spillage.
11. Sweep stairways.
12. Thoroughly clean all tabletops and chairs.
13. Sweep entranceway.
14. Clean all chalk trays and chalk boards.
15. Dust banister and handrails.
16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.
17. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent
01257.0006/973580.1 A-4
solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner
c. Wash and polish mirrors, powder shelves, bright work, etc. including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.
Weekly Services
1. Perform low dusting of chairs, bottoms of furniture, baseboards, etc.
Monthly Services
1. Dust Venetian blinds.
2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.
3. Machine scrub and wash all composition floors.
4. Wash all windows inside and out.
Public Safety Center (1443 N. Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately .5 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.
Nightly Services (Two times a week)
1. Sweep and/or dust, mop all floors using dust control sweeping mops.
2. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers
excepted).
3. Empty all wastebaskets and remove trash to pick-up area.
4. Damp wipe any glass top desks or counter tops.
5. Spot clean doors, doorframes, woodwork and around light switches.
6. Spot clean finger marks and smudges from walls.
7. Spot mop floors to remove spillage.
8. Thoroughly clean all tabletops and chairs.
9. Sweep entranceway.
10. Remove gum from entranceway of center, walls, counters, tables, chairs and floor throughout the center.
11. Dust T.V. and wipe screen.
Weekly Services
1. Perform low dusting of chairs, bottoms of furniture and baseboards.
Monthly Services
1. Dust Venetian blinds.
Senior Center (1556 N. Central Ave.)
01257.0006/973580.1 A-5
General cleaning services include nightly, weekly, and monthly services. Approximately 6 hours per visit. Nightly, weekly, and monthly services will be completed by Site Supervisor and Crew members.
Nightly Services (Five times a week)
1. Sweep and/or dust, mop all floors using dust control sweeping mops.
2. Vacuum all carpets and rugs.
3. Spot carpet stains with rug spotter.
4. Dust desks, tables, chairs, filing cabinets, telephones, pen sets, bookcases and other office equipment using special treated dust cloths (desks and tables covered with papers
excepted).
5. Empty all wastebaskets and remove trash to pick-up area.
6. Damp wipe any glass top desks or counter tops.
7. Spot clean doors, doorframes, woodwork and around light switches.
8. Clean, polish and sanitize all drinking fountains.
9. Spot clean finger marks and smudges from walls.
10. Spot mop floors to remove spillage.
11. Sweep stairways.
12. Thoroughly clean all tabletops and chairs.
13. Sweep entranceway.
14. Clean all chalk trays and chalk boards.
15. Dust banister and handrails.
16. Remove gum from entranceways of building, walls, counters, tables, chairs and floor throughout the building.
I 7. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner.
c. Wash and polish mirrors, powder shelves, bright work, including flush-ometers, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and partitions. e. Remove all trash.
18. Kitchen
a. Clean all countertops.
b. Spot clean doors, refrigerator, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash.
e. Wipe down delivery door to kitchen.
19. Library
a. Dust all bookcases.
b. Dust T.V. and wipe screen.
01257.0006/973580.1 A-6
Weekly Services
1. Perform low dusting of chairs, bottoms of furniture and baseboards.
Monthly Services
1. Dust Venetian blinds.
2. Perform high dusting, such as tops of doorframes, partitions, vents and picture frames.
3. Machine scrub and wash all composition floors.
4. Wash all windows inside and out.
5. Vacuum draperies
Maintenance Yard (1900 Central Ave.)
General cleaning services include nightly, weekly, and monthly services. Approximately 6 hours per visit. Nightly, weekly, and monthly services will be completed by our Site Supervisor and Crew members.
Nightly Services (Five times a week)
1. Restrooms
a. Clean restroom floors, basins, bowls, and urinals with a germicidal detergent solution.
b. Clean and refill restroom dispensers with supplies provided by the property owner.
c. Wash and polish mirrors, powder shelves, bright work, including flush-o- meters, piping and toilet seat hinges.
d. Spot clean restroom walls, ceilings, and floors.
e. Remove all trash.
2. Kitchen
a. Clean all countertops.
b. Spot clean doors, refrigerator, and around light switches. c. Sweep and damp mop floor daily.
d. Remove all trash.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Status reports and studies due upon City’s request.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
1. The Consultant is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.
2. For the duration of the contract, the selected Consultant shall maintain the same Site Supervisor, as specified in the Proposal and approved by the City. In the event
01257.0006/973580.1 A-7
that the authorized Site Supervisor terminates employment, the Consultant shall make a demonstrated and concerted effort to maintain the Site Supervisor in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Site Supervisor will require written City approval.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
1. The Consultant shall furnish and deploy the required personnel on a daily basis to ensure the timely and satisfactory completion of all tasks specified in this Agreement.
2. The selected Consultant is required to maintain a minimum crew to ensure the provision of janitorial services as specified in this Agreement.
01257.0006/973580.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Not Applicable
01257.0006/973580.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
1. Facilities
A. City Hall $1,005.00 Per Month
B. Community Center & $3,240.00 Per Month
Boxing Center
C. Mini Center $600.00 Per Month
D. Public Safety Center $145.00 Per Month
E. Senior Center $2,495.00 Per Month
F. Maintenance Yard $600.00 Per Month
Total Monthly Cost $8,085.00
II. Supplemental Request Cost
A. Shampoo all carpet areas (Quarterly)
a. City Hall $350.00
b. Community Center $150.00
c. Mini Center $150.00
d. Senior Center $200.00
B. III. Special Clean-up Facilities
a. City Hall $275.00
b. Community Center $275.00
c. Mini Center $175.00
d. Public Safety Center $75.00
e. Senior Center $240.00
f. Maintenance Yard $100.00
C. Strip and Wax Gymnasium Floor $2,950.00
D. Clean Venetian Blinds $250.00
E. Clean Room Dividers $250.00
F. Strip and Wax Senior Center Floor $2,650.00
The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
II. Line items for all services performed describing the work performed.
III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1of this Agreement.
01257.0006/973580.1 C-2
IV. Expenses. These rates are inclusive of all expenses. Consultant shall bear all other out-of-pocket expenses, or any other costs related to the performance of services pursuant to this Agreement and shall not seek reimbursement of such expenses from City.
01257.0006/973580.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Services to be performed as outlined in Exhibit A - Scope of Services, or as otherwise requested by the City.
II. Consultant shall deliver the following tangible work products to the City by the following dates:
A. Status reports due upon City’s request.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
City Council Agenda Report
Agenda Item No. 7.d.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-144, AWARDING A CONTRACT SERVICES AGREEMENT
TO CARE FOR THE CHILDREN FOR CURB ADDRESS
NUMBER PAINTING SERVICES
SUMMARY: Staff seeks City Council approval to award a Contract Services Agreement to Care For The Children for Curb Address Number Painting Services.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Adopt Resolution No. 24-144, awarding an agreement to Care for the Children Painting for Curb Address Number Painting Services in the amount of $88,132; and
3. Authorize the City Manager or designee to negotiate and execute the agreement.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.
Entering into an agreement for curb address number painting services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
FISCAL/FINANCIAL IMPACT: The total contract amount for Curb Address Number Painting Services will not exceed $88,132. Staff recommends allocating Measure R funds
to cover the entire cost of $88,132 for curb number painting services, as these funds are permitted for such expenditure.
DISCUSSION: On February 13, 2024, the City Council authorized staff to issue a Request For Proposal (RFP) for Curb Address Number Painting Services from qualified contractors to paint residential and business curb number addresses throughout the City.
The City has not officially provided residents and business with curb address number painting services since 2018.
On February 14, 2024, The City released an RFP for Curb Address Number Painting Services. The deadline for submission of responses was set for March 13, 2024, at 2:00 p.m. The City received four (4) proposals from Online Striping Service, Curbrite Addressing Services, Care For The Children and Innovation Painting, Inc. Staff evaluated each of the bids according to the established criteria outlined in the RFP which included:
completeness of the proposals and adherence to the required RFP format, submission of required information, project understanding, scope and approach to develop the project efficiently, experience and qualifications of key staff, similar project experience and efficiency of the proposed schedule. The bid submitted by Online Striping Service was disqualified as they failed to submit the required information requested in the Request for Proposals.
Below is the list of Bidders and Bid amounts:
Bidder Name (from low to high) Cost Per Address Bid Amount Curbrite Addressing Services $ 9.95 $ 79,719.40
Care for the Children Painting $ 11.00 $ 88,132.00
Innovation Painting Inc. $ 70.00 $ 560,840.00
Based on the contents of the proposal, staff determined that the proposal from Care For The Children was the most qualified contractor. The proposal from Curbrite was $8,413 lower than the proposal from Care For The Children; however, Curbrite has only one staff member available to carry out the work and oversee the completion, with no additional staff available for quality control. As a result, Curbrite's estimated completion time for the project is 45 to 60 working days. In contrast, Care For The Children will deploy a team of 2-3 painters to complete the work within 10 to 15 working days. Additionally, they will have a crew boss to oversee the daily operations and inspect the completed work.
The proposal from Care For The Children demonstrated a thorough understanding of the required services and showcased their extensive experience providing curb address number painting services. Each member of CFTC Painting's team brings over 15 years of individual experience in painting curb addresses. Annually, they paint over 100,000 curb address numbers, showcasing their extensive experience and proficiency in the field. Additionally, they are familiar with the City of South El Monte, having previously provided curb address number painting services to the city in 2012. Staff contacted the references listed in Care For The Children’s proposal, including the cities of Duarte and Laguna Niguel. Both cities provided positive feedback on the quality of work delivered by Care For The Children.
Staff recommends that the City Council approve a Professional Services Agreement with
Care For The Children as the most qualified contractor to provide Curb Address Number Painting Services for a total amount of $88,132 and authorize the City Manager or designee to execute the agreement.
Staff report prepared by Andrés González, Senior Public Works Analyst.
ATTACHMENT(S):
A. Resolution No. 24-144
B. (SEM) Care For The Children Contract Services Agreement for Curb Address Number Painting Services (2024)(973594.1)
Attachment A
RESOLUTION NO. 24-144
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
CARE FOR THE CHILDREN FOR CURB ADDRESS NUMBER
PAINTING SERVICES
WHEREAS, on February 13, 2024, the City Council authorized staff to issue a Request for Proposals (RFP) for Curb Address Number Painting Services; and WHEREAS, on February 14, 2024, City staff issued a RFP for Curb Address Number Painting Services with a proposal due date of March 13, 2024; and WHEREAS, the City received four (4) proposals from Online Striping Service, Curbrite Addressing Services, Care For The Children, and Innovation Painting, Inc; and WHEREAS, the City evaluated the proposals and determined that Care For The Children was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services; and
WHEREAS, City staff contacted Care For The Children’s references including the cities of Duarte and Laguna Niguel, and received positive feedback on the quality of the work provided by Care For The Children.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated by reference.
SECTION 2: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Entering into an agreement for curb address number painting services is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
SECTION 3: Upon reviewing the proposals submitted for Curb Address Number Painting Services for the City of South El Monte, the City Council hereby finds that Care For The Children has submitted the most qualified proposal pursuant to the City’s purchasing policy, in the amount of $88,132.
SECTION 4: The City Council hereby authorizes the City Manager, or his designee, to take all actions necessary to effectuate and execute a professional service agreement with Care For The Children in the amount of $88,132, subject to the approval by the City Attorney as to form.
01257.0006/973584.1
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 9th day of April 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. 24-144 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 9th day of April 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
Attachment B
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
CARE FOR THE CHILDREN
01257.0006/973594.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
TRANSTECH ENGINEERS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 9th day of April, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and CARE FOR THE CHILDREN, a California nonprofit corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
01257.0006/973594.1 2
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
01257.0006/973594.1 3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty-Eight Thousand One-Hundred Thirty-Two Dollars ($88,132.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
01257.0006/973594.1 4
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
01257.0006/973594.1 5
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
01257.0006/973594.1 6
Robert G. Henderson Executive Director/Contractor
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be John Poehler Public Works Director, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
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Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
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(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute
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with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be
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additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of
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Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times
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during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or
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work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices
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during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
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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 Consultant and its sureties shall be liable for and shall pay to the City the sum of $500.00 (Five Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages. Pursuant to Government Code Section 4215, Consultant shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
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If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
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In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01257.0006/973594.1 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Rene Salas, City Manager
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
CARE FOR THE CHILDREN, a California
nonprofit corporation
By:
Name: Robert Henderson
Title: CEO
By:
Name: Michelle Henderson
Title: Chief Financial Officer
Address: 13128 Telegraph Road, Suite #A
Santa Fe Springs, CA 90670
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01257.0006/973594.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0006/973594.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
II. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0006/973594.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Step 1: A notice is given to the residents (notices are taped to the door knob of the front door), one to three days prior to the addresses being paint ed . The notice informs the residents of the det ails of the service that is provided. It clearly states that the service of the address painting is being provided at no cost to the residents or property owners.
A phone number is provided for the resident s to call for any questions or complaints of a wrong number that needs to be fixed. Each person that passes out notices door to door wears a reflective vest, has an I. D. badge, and carries a copy of the city license.
Step 2: The painters are sent out t o paint all notified addresses. The painters are trained professionals in this field of work. Each pa inter wears a reflective vest, has an I.D. badge, and carries a copy of the required permit or license. The painting procedures are as follow:
1. A list of the streets and the curb address numbers that are paint ed are written down by the painter. This list of painted curb address numbers and the streets will be submitted to the city for proof of service.
2. Materials Used:
Road Max Lead Free Water Traffic (standard white),
Kylon specialty Lacquer black Spray Paint,
Moisture Proof Glass Beads, (Reflective Material)
3. All curbs are prepared before painting new address by the scraping old paint and removing loose fragments. Grass and weeds are cut away from the address when needed.
4. The white square background is painted. Two coats of white paint are applied with a roller. The glass beads are then sprinkled over the surface of the white paint while the paint is wet. The 4" black numbers are then sprayed onto the white reflective square.
5. Any paint splashes are cleaned away from the gutter after the address has been painted.
Step 3: A person (crew boss) drives over each painters work and looks for skips and wrong numbers that need to be fixed and re-painted. Sometimes the pa inter has to skip an address because a car is in the way, it is important to make sure that all skips are painted and that there are no mistakes.
01257.0006/973594.1 A-2
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Status reports and studies due upon City’s request.
B. A daily or weekly progress report can be emailed to the city inspector showing the progress of the work by highlighting a map of the streets that have been painted.
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
1. The Consultant is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.
2. For the duration of the contract, the selected Consultant shall maintain the same Site Supervisor, as specified in the Proposal and approved by the City. In the event that the authorized Site Supervisor terminates employment, the Consultant shall make a demonstrated and concerted effort to maintain the Site Supervisor in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Site Supervisor will require written City approval.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
1. The Consultant shall furnish and deploy the required personnel on a daily basis to ensure the timely and satisfactory completion of all tasks specified in this Agreement.
2. The selected Consultant is required to maintain a minimum crew to ensure the provision of curb address painting services as specified in this Agreement.
01257.0006/973594.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Not Applicable
01257.0006/973594.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Based on census data, there are at least 5,012 households and 3,000 business locations in the City I. Curb Number Address Painting Service $11.00 per address for a total project cost $88,132.00.
The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
II. Line items for all services performed describing the work performed.
III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1of this Agreement.
IV. Expenses. These rates are inclusive of all expenses. Consultant shall bear all other out-of-pocket expenses, or any other costs related to the performance of services pursuant to this Agreement and shall not seek reimbursement of such expenses from City.
01257.0006/973594.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Each painter is assigned a section on a map to paint the curb address numbers.
Timeframe for Curb Addresses between Garvey Ave and Tyler Ave Notices are passed to all residents and businesses the first two days. On the third day, the painters will start painting.
All curb address numbers are to be painted between Garvey Ave and Tyler Ave, work will be completed within 5 to 8 working days.
Timeframe for Curb Addresses between Tyler Ave and the border of the city All curb address numbers to be painted between Tyler Ave and the border of the city, work will be completed within 5 days.
Timeframe for Curb Addresses in the Whole City
The whole city will receive notices of the curb address painting within 5 to 10 days. On the eleventh day, the painters will start painting.
It will take 10 to 15 working days to complete the curb address numbers in the whole city. Two to three painters will be working in the city. Production is a minimum of 500 to 600 curb address numbers painted per day.
II. Consultant shall deliver the following tangible work products to the City by the following dates:
A. Status reports due upon City’s request.
B. A daily or weekly progress report can be emailed to the city inspector showing the progress of the work by highlighting a map of the streets that have been painted.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
City Council Agenda Report
Agenda Item No. 7.e.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION FOR AUTHORIZATION TO ADVERTISE
NOTICE INVITING BIDS (NIB) FOR COMMUNITY CENTER
AND MINI CENTER PARKING LOT IMPROVEMENTS
SUMMARY: Staff seeks City Council approval to advertise for construction bids for Community Center, and Mini Center Parking Lot Improvements.
RECOMMENDED ACTION: Staff recommends City Council approve the construction bid package to solicit bids for Community Center, and Mini Center Parking Lot Improvements.
FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact with the approval of authorization to advertise Notice Inviting Bids for the proposed project. The anticipated project estimate in in the range of $450,000, including construction cost and project management/inspection cost. Staff will return to City Council to establish a final project budget after construction bids are received, and discuss the timing and availability of funds to complete the project.
DISCUSSION: The proposed improvements are located at Community Center (Address:
1530 Central Ave), and Mini Center (1824 Central Avenue) parking lots. The proposed work includes removal of existing asphalt concrete/dirt, and construction of new asphalt concrete (3” thickness) at Community Center and Mini Center facilities. Work could also include restoration/installation of new pavement markers, and parking lot striping. Total area of improvements is approximately 66,000 square feet.
Staff recommends City Council approve the construction bid package to solicit bids for Community Center, and Mini Center Parking Lot Improvements.
ATTACHMENT(S):
A. Notice Inviting Bids
Attachment A
NOTICE INVITING SEALED BIDS
FOR
COMMUNITY CENTER AND MINI CENTER PARKING LOT IMPROVEMENTS City Project No.: TBA
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 May 1, 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 Community Center and Mini Center parking lot asphalt resurfacing, parking lot striping and related work. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.
OBTAINING BID DOCUMENTS. Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows:
1. Please e-mail your request with your contact information to: [email protected].
Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost.
2. Hard copies will not be mailed.
TIME OF COMPLETION. The Contractor shall complete all work within 20 working days of the issuance of the Notice to Proceed. See Section IB. Instructions to Bidders, “Construction Schedule, Progress of Work, Liquidated Damages” for project schedule.
ESTIMATED COST OF WORK. Estimated cost is $350,000.
PRE-BID MEETING AND SITE VISIT. A mandatory pre-bid meeting will be held at Community Center Parking Lot (Address: 1530 Central Ave, South El Monte) on April 17, 2024 at 2 PM. 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. Copies of those rates are on file with the Director of Public Works, and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.
This Project is subject to compliance monitoring and enforcement by the DIR.
BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within fifteen (15) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.
LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award. The successful Contractor must also possess a current City business license.
RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.
LIQUIDATED DAMAGES. Liquidated damages is $250 per calendar day.
BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.
If there are any questions regarding this project, please contact in writing via e-mail:
Okan Demirci, PE
[email protected]
All inquiries must be submitted in writing.
By: _____________________________ __________________________________ City Clerk Date
City Council Agenda Report
Agenda Item No. 7.f.
DATE: April 9, 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: CONSIDERATION AND APPROVAL OF RESOLUTIONS 24-
145 THROUGH 24-148 CREATING NEW CLASSIFICATIONS
AND UPDATING CERTAIN JOB DESCRIPTIONS
SUMMARY: Approval of the attached resolutions would create the new classifications of Human Resources Administrative Assistant; Fleet Mechanic; Public Works Administrative Assistant; and Senior Executive Assistant/Community Liaison and associated compensation ranges. The job title of Personnel Analyst would be changed to Human Resources Analyst. The job title of the Human Resources/Risk Manager would be changed to Director of Human Resources & Risk Management. The job title of Equipment Mechanic would be changed to Fleet Mechanic. The job title of Administrative Clerk Public Works would be changed to Public Works Administrative Assistant; and Senior Executive Assistant would be changed to Senior Executive Assistant/Community Liaison. There are also updates and revisions to the class specifications for Fleet Mechanic; Public Works Administrative Assistant; and Senior Executive Assistant/Community Liaison.
RECOMMENDED ACTION: Staff recommends City Council adopt the attached Resolutions No. 24-145 through 24-148 adding and/or revising the positions of Human Resources Analyst, Human Resources Administrative Assistant; Fleet Mechanic; Public Works Administrative Assistant; and Senior Executive Assistant/Community Liaison; changing job title of Human Resources/Risk Manager to Director of Human Resources & Risk Management; Personnel Analyst to Human Resources Analyst; Administrative Clerk Public Works to Public Works Administrative Assistant; Senior Executive Assistant to Senior Executive Assistant/Community Liaison; as well as updating/revising the class specification of Fleet Mechanic; Public Works Administrative Assistant; and Senior Executive Assistant/Community Liaison.
FISCAL/FINANCIAL IMPACT: The expected fiscal impact is $343,193. However, because we are currently in the 4th Quarter of Fiscal year 2023-24; and the recruitment for the new positions has not ended, the financial impact on Fiscal year 2023-24 will be less than it would be for Fiscal year 2024-25.
DISCUSSION: The following positions are recommended for changes:
Human Resources Analyst – Change of title and updating/replacing the class specification of Personnel Analyst. This current position was created in 2008. This is a confidential journey-level professional classification. The Personnel Analyst title is becoming obsolete in most agencies and is being revised to the proposed new title of Human Resources Analyst. The duties include recruitment, benefits administration, performance evaluation, labor relations, employee engagement, organizational development, and other areas and will likely become increasingly complex over the coming years. To better meet the City’s human resources needs going forward, this position will tackle higher level assignments, such as assisting with the risk management program. In addition, the Human Resources Analyst would handle the administrative functions and responsibilities of the Director of Human Resources & Risk Management in his absence. Upon approval of the revised classification, staff will begin the recruitment and selection process for this position. There is no modification to the current compensation range of $6,250/month - $7,597/month.
Human Resources Administrative Assistant - Create a new classification with a proposed compensation range between $4,773/month - $5,801/month. The duties and responsibilities of this individual are those of a journey-level Human Resource & Risk Management Staff, and the scope closely aligned to similar positions found in higher-level support positions consistent with generic administrative assistant positions. Upon approval of the revised classification, staff will begin the recruitment and selection for this position.
Fleet Mechanic – Change of title to Equipment Mechanic and class specification. The compensation range of $5,556/month – $6,753/month will remain the same. The class
specification will perform a variety of high-level mechanical and other functions, and has been updated/revised to provide more complex, support duties for the Public Works Department.
Public Works Administrative Assistant – Change in title, compensation, and class specification. The prior title for this specification was Administrative Clerk Public Works.
The compensation range will be $4,773/month – $5,801/month. This position has been updated/revised to provide high-level support duties for the Public Works Department.
Senior Executive Assistant/Community Liaison – Change in title, class specification, and status. The prior title for this specification was Senior Executive Assistant. The compensation range will be $6,229/month - $7,572/month. The City Manager anticipates the incumbent Senior Executive Assistant will fill this position. This position assists the City Manager, City Council & Department Heads. The classification will be “At-Will”, Confidential & FLSA-exempt.
ATTACHMENT(S):
A. Notice of Attachments Available Monday
City of South El Monte
Regular City Council Meeting
Tuesday, April 9, 2024, at 6:00 p.m.
Consent Calendar
Agenda Item 7.f.
Attachments A – D
Will be available Monday morning April 8, 2024
City Council Agenda Report
Agenda Item No. 8.a.
DATE: April 9, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF ORDINANCE NO.
1271, ADOPTING ZONE CODE AMENDMENT NO. 24-01 TO
IMPLEMENT A COMPREHENSIVE ZONING CODE UPDATE
SUMMARY: A Zone Code Amendment to repeal and replace Title 17 - Zoning with updated, and streamlined comprehensive Zone Code Update (Title 17 - Zoning).
RECOMMENDED ACTION: Staff recommends the City Council:
1. Conduct a public hearing;
2. Take public testimony;
3. Waive first reading and introduce Ordinance No. 1271, adopting zone code amendment no. 24-01 to implement a comprehensive zoning code update; and
4. Schedule said ordinance for adoption at the next regular city council meeting.
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.
Revising the allocation of federal funds is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
FISCAL/FINANCIAL IMPACT: No Fiscal Impact anticipated.
DISCUSSION: On March 19, 2024, the Planning Commission held a public hearing and adopted Resolution No. 24-02, adopting a Negative Declaration and recommending approval of Zone Code Amendment No. 24-01, which updates Title 17 - Zoning, with an updated, streamlined version of Title 17.
The Zone Code Amendment will advance the City’s 6th Cycle Housing Element Goals, develop and adopt Objective Development Standards, implement pro-housing policies
and programs, and revise and adopt housing-supportive parking policies and programs.
Specifically, this project is intended to accelerate housing production, reduce housing costs through faster permitting, and improve consistency in local design and development standards. The main objective of the ZCA will be to provide an updated zoning code that is fully consistent with the latest General Plan, State and Federal law, creating a housingfriendly streamlined process that is consistent with the California Department of Housing and Community Development’s pro-housing goals. These updates will supersede the existing Municipal Code language within Title 17.
The Comprehensive Zoning Code Update resulted from the concerns and needs that were voiced by the public. During the visioning workshops, the public was able to provide insight on the existing zoning code and permit approval process, as well as sharing their comments and questions about the ZCA. The major themes and concerns that followed from the workshops included clarity of the municipal code, confusing review procedures, general zoning information, and the Zoning Handbook being accessible to all community members. As a result, the City of South El Monte was able to develop the following goals that would help address the needs and concerns voiced by the public:
• Updated structure to the zoning code
• Efficient permit approval process and a municipal code that is compliant with state law
• Streamlined housing development
• New objective design standards
• Informational zoning handbook
Per SEMMC Section 17.66.040, the Planning Commission determined that the following findings could be made regarding the Zone Code Amendment:
A. Substantial proof exists that the proposed change will promote the public health, safety, convenience and general welfare of the citizens of the city; the Project will provide a comprehensive zoning code update and zoning handbook that is easy to read and interpret, therefore providing a convenience to the citizens of the City of South El Monte.
General Plan Conformance
The proposed Project is compatible with the objectives, policies, general land uses, and housing element specified in the General Plan which includes, but is not limited to, the following goals:
Housing Element
(1.) Goal 1: An adequate supply of a variety of housing types to meet the existing and future needs of City residents by streamlining ministerial approval and by clarifying density bonus incentives.
a. Policy 1.2: The City shall facilitate the development of housing through the removal of local regulatory constraints, especially for housing that serves lower-income households and those with special needs. This project and the zoning handbook clarify the density bonus incentives that facilitate the production of housing for very low-income, moderate-income, and senior households.
b. Policy 1.4: The City shall facilitate the development of housing by connecting developers with requirements, standards, and other relevant information needed to apply for development permits in the City. The project and zoning handbook provide tables that
can be easily interpreted, including a planning process overview that explains the South El Monte Planning Application Process.
Land Use Element
(2.) Goal 2: High quality residential neighborhoods that are enhanced and wellmaintained by providing Objective Design Standards. ODS provides a clear criterion for architectural and design requirements that support high-quality design while creating a desirable character for the city.
B. The proposed change is in conformance with the purpose of this chapter and with all applicable, officially adopted policies and plans; the Project complies with General Plan provisions, ensures that the Zoning Code is compliant with State Housing Laws, and implements the programs and policies of the Housing Element.
General Plan Conformance
The proposed Project is compatible with the objectives, policies, general land uses, and Housing Element specified in the General Plan which includes, but is not limited to, the following goals:
Land Use Element
(3.) Goal 1.0: Maintain a balanced mix and distribution of land uses throughout South El Monte.
a. Policy 1.1: Provide opportunities for housing development at a range of densities and housing types that accommodate the varied interests and needs of present and future residents. This project will serve the City by providing Objective Design Standards (ODS) that apply to qualifying mixed-use projects aimed at streamlining the approval process. These standards provide architectural and design requirements that support high-quality design while creating a desirable character for the city. b. Policy 1.2: Allow for the transition of mixed-density neighborhoods to higher density development consistent with underlying General Plan land use and zoning designation. This project will clarify density bonus incentives for development. These incentives are in accordance with Government Code Sections 65915—65918 and will allow the City to implement the goals, objectives, and policies of the General Plan. (4.) Goal 3.0: Accommodate new development that is compatible with and complements existing land uses by allowing for the establishment of a large residential and mixed-use developments that fit with the surrounding uses. a. Policy 2.6: The City shall work to alleviate illegal conversions of garages, patios, and subdivision of single-family units through code enforcement that works to bring these conversions into compliance. The ZCA shall provide applicants with adopted development standards for ADU to facilitate compliance of illegal/non-conforming structures to accomplish structure conformance and state housing needs.
ATTACHMENT(S):
A. Ordinance No, 1271
B. Exhibit A to Ordinance No. 1271
C. SEM Zoning Handbook
D. PC RES No 24-02 - ZCA
E. PC Staff Report and Initial Study
Attachment A
ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY OF SOUTH EL MONTE
ADOPTING ZONE CODE AMENDMENT NO. 24-01
IMPLEMENTING A COMPREHENSIVE ZONE CODE UPDATE
OF TITLE 17 - ZONING
WHEREAS, in 2022, Southern California Association of Governments (“SCAG”) was awarded Regional Early Action Planning (“REAP”) funding from Assembly Bill (“AB”) 101; and WHEREAS, the intent of these funds is to provide housing planning and process improvement services to cities and counties. This funding was provided to SCAG by the CA Department of Housing and Community Development (“HCD”) with the goal of addressing the current housing crisis; and
WHEREAS, this effort will produce the development of a Zoning Code Handbook to improve public accessibility and use of the Municipal Code. The Zoning Code Amendment (“ZCA”) will advance the City’s 6th Cycle Housing Element Goals, develop and adopt Objective Development Standards, implement pro-housing policies and programs, and revise and adopt housing-supportive parking policies and programs; and
WHEREAS, the first Planning Commission Workshop was held on May 17, 2022, where attendees participated in an interactive exercise where they could share comments and questions about the Zone Code Amendment (“ZCA”). The second Planning Commission Workshop was held on January 16, 2024, the workshop provided an update of the ZCA and explained the next steps towards approval and implementation of the South El Monte Comprehensive Zoning Code Update; and
WHEREAS, an Initial Environmental Study was prepared for the project in compliance with the California Environmental Quality Act (CEQA) and was made available for public review and comment January 22, 2024 through February 21, 2024; and WHEREAS, a public hearing notice was published on February 8, 2024 for the February 20, 2024 Planning Commission meeting, opened the public hearing, received testimony, and continued the Zone Code Amendment 24-01 to the March 19, 2024 Planning Commission meeting in order to satisfy CEQA public review periods; and
WHEREAS, On March 19, 2024, held a public hearing, received testimony, and after all evidence, both written and oral, presented during said public hearing was considered by the Planning Commission adopted the Negative Declaration finding that there would be no significant impacts to the environment and recommended approval of Zone Code Amendment No. 24-01; and WHEREAS, a public hearing was held before the City Council on April 9, 2024 to consider the Planning Commission’s recommendation. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The above recitals are true and correct and incorporated herein by reference.
SECTION 2: The City Council shall repeal, in its entirety, Title 17 – Zoning, and replace with Exhibit A of this Ordinance.
SECTION 5: Effective Date. The ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
SECTION 6: The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED AND ADOPTED this 9th day of April 2024. ____________________________
Gloria Olmos, Mayor
ATTEST:
______________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
_______________________________
Anthony R. Taylor, City Attorney
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 Ordinance, being Ordinance No. 1271, 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 9th day of April 2024, by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
Donna G. Schwartz, City Clerk
Title 17
ZONING
Chapters:
17.01 GENERAL PROVISIONS
17.02 DEFINITIONS
17.03 PERMIT APPROVAL PROCEDURES
17.04 ZONING MAP
17.05 RESIDENTIAL ZONES – STANDARDS AND USES
17.06 COMMERCIAL ZONES – STANDARDS AND
USES
17.07 MIXED-USE ZONES – STANDARDS AND USES
17.08 PUBLIC FACILITIES ZONES – STANDARDS AND
USES
17.09 INDUSTRIAL ZONES – STANDARDS AND USES
17.10 OVERLAY ZONES – STANDARDS AND USES
17.11 SPECIAL USES – STANDARDS AND USES
17.12 ACCESSORY DWELLING UNITS
17.13 DENSITY BONUS
17.14 OBJECTIVE DESIGN STANDARDS
17.15 ADVERTISING SIGNS
17.16 OFF-STREET PARKING AND LOADING
Attachment B
Chapter 17.01
GENERAL PROVISIONS
Sections
17.01.010 Purpose and applicability.
17.01.020 Repeal of Ordinance No. 182.
17.01.010 Purpose and applicability.
The purpose of these regulations is to serve the public health, safety and general welfare by establishing zone districts designed to obtain the social, health, and economic advantages resulting from the planned use of land, and by establishing those regulations of the use of land and improvements within the various districts which are deemed necessary to ensure that the growth and development of the city shall be orderly and proper for the maximum benefit of its citizens. This title shall also be known by its short title the “Zoning Ordinance.” When there is any question regarding the interpretation of the provisions of the Zoning Ordinance codified in this title, or its application to any specific case or situation, the planning commission shall have the authority to interpret the intent of the provisions of this title by written resolution, approved by a majority of its membership. Thereafter, such interpretation shall be followed in applying the provisions of this title unless the commission’s interpretation is changed by the city council, on appeal.
An appeal of any planning commission interpretation must comply with the appeal procedures codified within this title. A majority vote of the whole council shall be required to change an interpretation made by the planning commission.
This title and the various sections, subsections, and clauses thereof, are declared to be severable. If any section, subsection, or clause is adjudged unconstitutional or invalid, it is provided that the remainder of the title shall not be affected thereby. The city council of the city hereby declares that it would have passed this title and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid. (Ord. 963 §1, 1995; Ord. 822 §1, 1989)
17.01.020 Repeal of Ordinance No. 182.
Ordinance Number 182, and all other ordinances amending said Ordinance No. 182, are hereby repealed. Subdivisions, plot plan condi�onal use permits, variances, and any other ac�on approved by the city council and/or planning commission subject to the provisions of the Ordinance No. 182 and any amendments thereto, shall remain in full force and effect in accordance with the terms and condi�ons specified in the mo�ons, resolu�ons or ordinances permi�ng them, except that uses made nonconforming by this �tle shall be subject to the provisions of Sec�on 17.03.170. (Ord. 822 §1, 1989)
Chapter 17.02
DEFINITIONS
Sections
17.02.010 Generally.
17.02.020 Definitions.
17.05.010 Generally.
For the purpose of this �tle, unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows:
A. Words used in the present tense include the future, the singular number includes the plural and the plural the singular.
B. The terms shall and will are impera�ve, the words can and may are permissive. (Ord. 822 §1, 1989)
17.05.020 Defini�ons.
Abut, Adjoining or Con�guous.
“Abut”, “adjoining”, or “con�guous” means having a common border, boundary point, or lot line.
Access.
“Access” means the place, or way, by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by zoning regula�ons. (Ord. 822 §1, 1989) Accessory Building.
“Accessory building” means a por�on of the main building, or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building, or to the use of the land. Notwithstanding the foregoing, the term “accessory building” does not include second units.
Where a substan�al part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is atached to the main building in a substan�al manner by a roof, such accessory building shall be considered as a part of the main building. (Ord. 1051 §2, 2003; Ord. 822 §1, 1989)
Accessory Dwelling Unit.
“Accessory dwelling unit” means an atached or a detached residen�al dwelling unit which provides complete independent living facili�es for one or more persons and is located on a lot with a proposed or exis�ng primary residence. It shall include permanent provisions for living, sleeping, ea�ng, cooking, and sanita�on on the same parcel as the single-family or mul�family dwelling is or will be situated. An accessory dwelling unit may be atached to, or located within, an atached garage, storage area, or accessory structure. An accessory dwelling unit also includes the following:
A. An efficiency unit, as defined in Sec�on 17958.1 of the California Health and Safety Code.
B. A manufactured home, as defined in Sec�on 18007 of the California Health and Safety Code.
Accessory Structure.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
Accessory Use.
“Accessory use” means a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building. Notwithstanding the foregoing, the use of a building as a second unit shall not cons�tute an “accessory use.” (Ord. 1051 §3, 2003; Ord. 822 §1, 1989) Acreage, Gross.
“Gross acreage” means the total land area within the lot lines of a parcel of land before the deduc�on of areas for public rights-of-way, easements, public parks, public school sites and any areas to be dedicated or reserved for public use are deducted from such lot or parcel and does not include adjacent lands already dedicated for such purposes.
Acreage, Net.
“Net acreage” means the area within the lot lines of a parcel of land a�er all deduc�ons are made.
Deduc�ons include public rights-of-way, public parks, public school sites, and any easement cons�tu�ng impairment of the fee.
Addi�on.
“Addi�on” means a structure added to the original structure a�er comple�on of the original structure.
Adjacent.
“Adjacent” means lying near or close to within one hundred (100) feet, including across a street or alley.
Adult.
“Adult” means persons eighteen years of age or older. (Ord. 822 §1, 1989) Adult Care Facility.
“Adult care facility” means any facility licensed by the State and/or County that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essen�al for sustaining the ac�vi�es of daily living or for the protec�on of the individual on less than a twenty-four (24) hour basis.
Affordable Housing.
“Affordable housing” means housing for which the occupant is paying no more than 30 percent of gross income for housing costs, including u�li�es. “Affordable Housing” includes the following terms:
A. Adjusted for household size appropriate for the unit. A household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a twobedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.
B. Affordable. means dwelling units offered at affordable rent or at an affordable sales price.
C. Affordable Housing Cost. Has the same meaning as set forth in the California Health and Safety Code Sec�on 50052.5, or any successor statute or regula�on. This term means the total housing cost paid by a qualifying household, which shall not exceed a specified frac�on of their gross income, adjusted for household size appropriate for the unit as follows:
1. Very Low Income Households. No more than thirty (30) percent of fi�y (50) percent of the Los Angeles County median income.
2. Low Income Households. Thirty (30) percent of seventy (70) percent of the Los Angeles County median income.
3. Moderate Income Households. No less than twenty-eight (28) percent and no more than thirty-five (35) percent of one hundred ten (110) percent of the Los Angeles County median income.
Affordable Rent.
“Affordable rent” means monthly housing expenses, including a reasonable allowance for u�li�es, for rental target units reserved for very low, lower, or moderate-income households, not exceeding the following:
A. Very Low Income. 30% to 50% of local area median income (AMI).
B. Lower Income. 50% to 80% of AMI; the term may also be used to mean 0% to 80% of AMI.
C. Moderate Income. 80% to 120% of AMI.
Affordable Sales Price.
“Affordable sales price” means a sales price at which very low, lower, or moderate-income households can qualify for the purchase of target units, calculated in accordance with California Health and Safety Code Sec�on 50052.5 and the regula�ons adopted by the California Department of Housing and Community Development pursuant to that sec�on.
Affordable Senior Housing Development.
“Affordable senior housing development” means a residen�al development developed, substan�ally rehabilitated, or substan�ally renovated for senior ci�zens that meet the physical and social needs of senior ci�zens as defined in California Civil Code Sec�on 51.2, and in which all of the residen�al units are for lower income households or at least forty (40) percent of the total units of a mixed affordable senior housing development are for less than moderate income households and the property owner agrees to con�nue the affordability of all such lower income units for at least fi�y-five (55) years.
Alcoholic Beverage Control License.
“Alcoholic beverage control license” means a license issued by the California Department of Alcohol Beverage Control for businesses selling, purchasing, impor�ng, expor�ng, or conduc�ng business with alcohol beverages which necessitates an ABC license.
Alley.
“Alley” means a public way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property. (Ord. 822 §1, 1989) Altera�on.
“Altera�on” means any exterior change or modifica�on, through public or private ac�on, of any landmark or of any property located within an historic district, including, but not limited to, exterior changes to or modifica�on of structure, architectural details or visual characteris�cs such as paint, color and surface texture, grading, surface paving, features, disturbance of archaeological sites or areas, and the placement or removal of any exterior objects such as signs, plagues, light fixtures, street furniture,
walls, fences, steps, plan�ngs and landscape accessories affec�ng the exterior visual quali�es of the property.
Alterna�ve Transporta�on.
“Alterna�ve transporta�on” means the use of modes of transporta�on other than single-passenger motor vehicle, including, but not limited to, carpools, vanpools, buspools, public transit, walking and bicycling.
Amateur Radio Sta�on Antenna.
“Amateur radio sta�on antenna” means any antenna, and its accompanying support structure, that is used solely for the purpose of transmi�ng and receiving radio signals in connec�on with the opera�on of an amateur radio sta�on in accordance with licenses issued by the FCC.
Amendment.
“Amendment” means a change in the wording, content or substance of this �tle or an addi�on or dele�on or a change in the zone boundaries or classifica�ons upon the zoning map, when adopted by ordinance passed by the city council in the manner prescribed by law. (Ord. 822 §1, 1989) Ancillary.
“Ancillary” means the same as “accessory use.” (Ord. 822 §1, 1989) Animal Shelter.
“Animal shelter” means a facility operated for the purposes of impounding, harboring, selling, placing and retrieving seized, strayed, distressed, homeless, abandoned or unwanted animals. May include incidental ac�vi�es including vaccina�on, training classes, spay/neuter services, and boarding services.
Antenna or Antenna Array, or Wireless Telecommunica�ons Antenna Array. “Antenna,” “antenna array,” or “wireless telecommunica�ons antenna array” means one or more rods, poles, panels, discs, or similar devices used for the transmission or recep�on or radio frequency signals, which may include the omni-direc�onal antennas (whip), direc�onal antennas (panel), and parabolic antennas (disc), but excluding any support structure as defined below.
Antenna Support.
“Antenna support” means any pole, telescoping mast, tower, tripod or any other structure that supports a wireless communica�on facility.
An�-Drain Valve/Check Valve.
“An�-drain valve/check valve” means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower eleva�on sprinkler heads.
Animal Hospital.
“Animal hospital” means a place where animals or pets are given medical or surgical treatment and are cared for during the �me of such treatment. The use of the premises as a kennel or a place where animals or pets are boarded for remunera�on is not permited.
Animal Sales and Services.
“Animal sales and services” includes the following terms:
A. “Animal boarding” means the provision of shelter and care for animals or pets on a commercial basis including ac�vi�es (e.g., feeding, exercising, grooming, and incidental medical care).
B. “Animal grooming” means the provision of bathing and trimming services for animals or pets on a commercial basis. These uses include boarding of domes�c animals for a maximum period of forty-eight (48) hours.
C. “Animals, retail sales” means the retail sales and boarding of animals or pets within an en�rely enclosed building. These uses include grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum of forty-eight (48) hours.
Apartment Hotel.
“Apartment hotel” means a building, or por�on thereof, designed for or containing both individual guest rooms or suites of rooms and dwelling units. (Ord. 822 §1, 1989) Apartment House.
“Apartment house” means the same as “dwelling, mul�ple.” (Ord. 822 §1, 1989) Appeal.
“Appeal” means a request by an interested party for a de novo review of a decision.
Applicant.
“Applicant” means a person who has applied for a building permit, business license, variance, condi�onal use permit, code amendment, cer�ficate of zoning compliance, site plan review, or other permit or license issued by the City.
Architectural Board of Review.
“Architectural board of review” means the planning commission, which is authorized to act as the designated architectural board of review.
Architectural Feature.
“Architectural Feature” means any por�on of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decora�on, roof shape and materials, and other fixtures appurtenant to a structure.
Architectural Projec�on.
“Architectural projec�on” means a building feature that is mounted on, and/or extends from the surface of the building wall or façade, typically above ground level. Examples of architectural projec�ons include balconies, bay windows, ligh�ng fixtures, a marquee, porch, canopy or similar projec�on of a building.
Area, Bar.
“Bar area” means an area accessible to the public used for preparing and serving alcoholic beverages, which may also be used for preparing and serving nonalcoholic beverages. Bar area shall include any sea�ng area where tables and chairs are devoted to serving or consuming these beverages.
Area, Dining.
“Dining area” means the sea�ng area including aisles within a restaurant, fast-food, or formula fast-food restaurant where food and beverages are served. This includes any outdoor area not located on the sidewalk.
Area, Sea�ng.
“Sea�ng area” means an area that is part of a restaurant that includes tables and chairs that are movable or where seats are bolted or otherwise fixed and immovable or an area of a religious facility that does not have permanent seats that are used for religious worship.
Atendant/Valet Parking.
“Atendant/valet parking” means the receiving, parking, and delivering of motor vehicles upon any premises solely by an employee of the owner or occupant of the premises as a service to those desiring to park on such premises.
A�c.
“A�c” means an unfinished space between the top floor of a structure and the roof. The a�c shall only be used for storage or to contain mechanical equipment.
Authorized Agent.
“Authorized agent” means anyone who has actual or ostensible authority to speak for or make presenta�ons on behalf of the owner of any property. An authorized agent shall be responsible for any informa�on or data which he or she presents to the city. (Ord. 822 §1, 1989) Automated Teller Machine.
“Automated Teller Machine” means a pedestrian-oriented machine used by patrons for conduc�ng transac�ons including deposits, fund transfers, and withdrawals without contact with financial ins�tu�on personnel. The machines may be located at or within a bank, or in other loca�ons.
Automa�c Controller.
“Automa�c controller” means a mechanical or solid state �mer, capable of opera�ng valve sta�ons to set the days and length of �me of a water applica�on.
Automobile and Trailer Sales Lot.
“Automobile and trailer sales lot” means an open area used for the display, sales, or rental of new or used automobiles and trailer coaches, but where no repair, repain�ng or remodeling is done. (Ord. 822 §1, 1989)
Automobile Dismantling Yard.
“Automobile dismantling yard” means any lot or any por�on of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts, as a business, hobby or otherwise, other than the sale of used car parts within an enclosed building where no dumping is permited. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding thirty days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall cons�tute prima facie evidence that such lot or por�on thereof is an automobile dismantling yard. (Ord. 822 §1, 1989)
Automobile Impound Yard.
“Automobile impound yard” means any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impounding yard shall not include the dismantling, reuse or sale of motor vehicles or their parts. (Ord. 822 §1, 1989) Automobile Parking Space.
“Automobile parking space” means a space within a building, designated area other than a street or an alley, or a lot reserved for the parking or temporary storage of an automobile and includes adequate provision for ingress and egress by an automobile of standard size. (Ord. 822 §1, 1989) Automobile Repair.
“Automobile Repair” means the general repair of automobiles, including mechanical repairs, oil changes, tune-ups, upholstery and installa�on of �res, bateries and accessories, including the repair of trucks less than one ton capacity. Includes body work and pain�ng so long as ac�vi�es are conducted en�rely within an enclosed building.
Automobile Repair Garage.
“Automobile repair garage” means a building, other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remunera�on, hire or sale. (Ord. 822 §1, 1989)
Automobile Salvage/Wrecking.
“Automobile Salvage/Wrecking” means the dismantling or wrecking of one or more used motor vehicles or trailers, or storage, sale or dumping of one or more dismantled or par�ally dismantled, obsolete or wrecked vehicles or their parts.
Automobile Service Sta�on.
“Automobile service sta�on” means any building or premises used primarily for the retail sale of gasoline and lubricants. (Ord. 985 §1, 1997; Ord. 822 §1, 1989)
Automobile Storage of Nonopera�ng Vehicles.
“Automobile storage of nonopera�ng vehicles” means the presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding thirty days have not been capable of opera�ng under their own power, and from which no parts have been or are to be removed for reuse or sale, shall cons�tute prima facie evidence of the storage of nonopera�ng motor vehicles. The storage of nonopera�ng motor vehicles shall not include automobile wrecking. (Ord. 822 §1, 1989) Automobile Trailer.
“Automobile trailer” means a vehicle with or without mo�ve power, designed and constructed to travel on public thoroughfares or designed to be used for human habita�on or for carrying persons or property or both including but not limited to trailer coaches, mobile homes, campers, and similar vehicles. (Ord. 822 §1, 1989)
Awning.
“Awning” means a permanent or temporary structure atached to and wholly supported by a building and installed over or in front of openings or windows, and consis�ng of a fixed or movable frame, and covered in canvas or other similar material.
Backflow Preven�on Device.
“Backflow preven�on device” means a safety device used to prevent pollu�on or contamina�on of the water supply due to the reverse flow of water from the irriga�on system.
Balcony.
“Balcony” means an unenclosed area either recessed or projected from the walls of a building. Balconies are thirty (30) inches or more above grade, are atached to and supported primarily by the exterior wall of the building, are accessible from the building’s interior, and are unclosed on one (1) or more sides except for a railing or parapet that is not greater than 60 inches high. A balcony is not an accessory structure.
Bank.
“Bank” means a financial ins�tu�on including savings and loan or credit union that provides retail banking services to individuals and businesses.
Banners, Adver�sing.
“Adver�sing banners” means adver�sing devices made from thin cloth, plas�c, paper, or other similar material which carry printed adver�sing copy used out of doors by commercial and industrial businesses, schools, and churches to adver�se special events and limited-�me offers only. (Ord. 1039 §1, 2002) Banner, Flag, or Pennant.
“Banner, flag, or “pennant” means any cloth bun�ng, paper, plas�c, or similar material used for adver�sing purposes which is atached to, or appended on or from any structure, staff, pole, line, framing, or vehicle. Flags referred to herein, when the flag is of a na�on or of the state of California, or other state, and is displayed as such in an appropriate manner, shall be excepted from these regula�ons.
Bar, Beer.
“Beer bar” means any establishment which is regularly used and kept open for, and is in the business of serving, for monetary compensa�on, various alcoholic beverages, other than dis�lled spirits, to patrons comprised of the general public, and no food other than snack food such as peanuts, popcorn and pretzels are served. Live entertainment is not provided nor allowed. (Ord. 1009 §1, 1999) Bar, Tavern, or Cocktail Lounge, full service.
“Full Service Bar, Tavern, or Cocktail Lounge” means any establishment which is regularly used and kept open for, and in the business of serving, for monetary compensa�on, alcoholic beverages, including dis�lled spirits, to patrons comprised of the general public, and no food other than snack food such as peanuts, popcorn and pretzels are served. Live entertainment is not provided nor allowed. (Ord. 1009 §2, 1999)
Basement.
“Basement” means one or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurement if:
A. Over five feet of its height is above the average level of the adjoining ground; or B. Uses conducted therein are chargeable for parking. (Ord. 822 §1, 1989)
Bedroom.
“Bedroom” means any separate room normally used for sleeping purposes, whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term, specifically excluding, without limita�ons, dining room, living room, kitchen, hall, closet, powder room, pantry, kitchen nook, garage, and bathroom.
Beverage Lounge.
“Beverage lounge” means any establishment including, but not limited to, coffee houses, tea houses, juice bars and any similar establishment which, as its principal business, sells, offers for sale, or provides to patrons, nonalcoholic beverages for consump�on on, or within the premises with or without live entertainment, and is not a donut shop, ice cream parlor, bakery, delicatessen, or full-service or fast-food restaurant or similar establishment. (Ord. 918 §1, 1992) Billboard.
“Billboard” means the same as “off-site sign.” (Ord. 822 §1, 1989) Billiard Parlor.
“Billiard parlor” means any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Such place of business may include, as an accessory use, any mechanical amusement device not otherwise prohibited by this code.
Block.
“Block” means all property fron�ng upon one side of the street between intersec�ng and/or intercep�ng streets, or between a street and a right-of-way, waterway, dead-end of a street, or city boundary. An intercep�ng street shall determine only the boundary of the block on the side of the street which it intercepts. (Ord. 822 §1, 1989)
Boarding Home.
“Boarding home” means the same as a “foster home.” (Ord. 822 §1, 1989) Boarding or Rooming House.
“Boarding” or “rooming house” means a building containing a single dwelling unit and not more than ten guest rooms where lodging is provided with or without meals, for compensa�on. A boarding or rooming house shall not include rest homes, nursing homes, boarding homes, or homes for the aged. (Ord. 822 §1, 1989)
Body Art.
“Body art” means body piercing, tatooing, branding, or applica�on of permanent cosme�cs as each of these terms are defined in California Business and Professions Code Sec�on 119301, and as that sec�on may be amended from �me to �me.
Building.
“Building” means a permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. Where this �tle requires that a use shall be en�rely enclosed within a building, it must meet the qualifica�ons of the defini�on of Chapter 17.02. (Ord. 822 §1, 1989)
Building Code.
“Building code” means the Building Code of the city. (Ord. 822 §1, 1989) Building, Completely Enclosed.
“Completely enclosed building” means a building enclosed by a permanent roof and on all sides by solid exterior walls pierced only by windows and customary entrance and exit doors. (Ord. 822 §1, 1989) Building Frontage.
“Building frontage” means the primary wall of a building or buildings facing a private or public street (not including freeways). Buildings facing more than one street have mul�ple frontages. In cases where there is no frontage on a public or private street, building frontage for signing purposes shall be the building face containing the principal entrance to the structure.
Building Height.
“Building height” means the ver�cal distance measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ven�lators and other excep�ons to the building height permited by these regula�ons; provided, however, that where buildings are set back from the street line, the height shall be measured from the average eleva�on of the finished grade at the front of the building. (Ord. 822 §1, 1989)
Building, Main.
“Main building” means a building in which is conducted the principal use permited upon the lot upon which it is situated.
Building Site.
“Building site” means a land area consis�ng of one (1) or more parcels of land under common ownership or control, including all yards, parking spaces, and other open spaces required by this chapter.
Buspool.
“Buspool” means a vehicle carrying sixteen or more passengers commu�ng on a regular basis to and from work with a fixed route and according to a fixed schedule.
California Environmental Quality Act.
“California Environmental Quality Act” herea�er referred to as CEQA, Public Resources Code Sec�on 21000 et seq., is a statute that requires all jurisdic�on in the state of California to evaluate the extent of environmental degrada�on posed by proposed development.
Caretaker’s Residence.
“Caretaker’s residence” means a dwelling unit located on the premises of an enterprise where the principal use is other than residen�al, and which is occupied by a person who is the owner, proprietor, manager, watch guard, or is otherwise at �mes in charge of such enterprise.
Carpool.
“Carpool” means a vehicle carrying two to six passengers commu�ng together to and from work on a regular basis.
Carport.
“Carport” means a permanently roofed structure with not more than three enclosed sides, used for automobile shelter and storage. (Ord. 822 §1, 1989)
Car Wash.
“Car wash” means a building and related facili�es for the primary purpose of washing automobiles.
Catering Service.
“Catering service” means a business in which the primary func�on is to prepare food for distribu�on off the premises. It shall not include a business in which the primary func�on is the sale of individual meals or por�ons thereof on the premises.
Catering Trailer.
“Catering trailer” means a vehicle equipped to prepare food to be sold directly from such vehicles transported by a motorized vehicle.
Catering Truck.
“Catering truck” means a motorized vehicle equipped to transport and prepare food to be sold directly from such vehicles.
Catering Vehicle.
“Catering vehicle” means a catering truck or catering trailer as defined herein.
Cellar.
“Cellar” means that por�on of a building between floor and ceiling which is wholly or partly below grade and so located that the ver�cal distance from grade to the floor below is equal to or greater than the ver�cal distance from grade to ceiling. For the purposes of this code, a cellar shall not be counted as a story, unless it is used as habitable space.
Charitable Ins�tu�on.
“Charitable ins�tu�on” means a nonprofit or philanthropic organiza�on that provides a service beneficial to the general public or to a significant por�on of the public for no fee or at a fee recognized as being less than that charged by profit-making organiza�ons.
Check Cashing.
“Check cashing” means a commercial land use that generally includes some or all of a variety of financial services including cashing of checks, warrants, dra�s, money orders, or other commercial paper serving the same purpose; deferred deposit of personal checks whereby the check casher refrains from deposi�ng a personal check writen by a customer un�l a specific date; money transfers; payday advances or payday loans; issuance of money orders; and similar uses. Check cashing does not include a state or Federally chartered bank, savings associa�on, credit union, or industrial loan company. Check cashing also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a fee as a service to its customers that is incidental to its main purpose or business.
City.
“City” means the city of South El Monte as the same now exists or may herea�er exist. (Ord. 822 §1, 1989)
City Council.
“City council” means the city council of the city of South El Monte. (Ord. 822 §1, 1989)