Cities Index.
Agenda packet

South El Monte City Council
April 23, 2024

Document
Agenda packet
Meeting
April 23, 2024
Body
South El Monte City Council
Pages
662
Original file
68.1 MB
Text extracted from the city's file for reading and search. Open the original on southelmonteca.api.civicclerk.com. That file is the official record.

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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]

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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
Gloria Olmos, Mayor
ATTEST:

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

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

WGI ENTERPRISES, INC. dba PCI, a California
corporation
By:

Name: William G. Jacob
Title: President/Owner
By:

Name: Todd Moysychyn
Title: Chief Financial Officer
Address: 975 W 1st Street
Azusa, CA 91702
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

I. Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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01257.0006/976532.2

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.

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01257.0006/976532.2 A-1
EXHIBIT “A”

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

Emergency – Unscheduled corrective activities that require immediate attention to restore striping, markings, raise pavement markers and or signage that could threaten the safety of pedestrian, property and vehicle damage.

Target Response Time: Immediate
Urgent – The problem reporting is not a safety issue, but striping, markings, raise pavement markers and or signage are needed now.

Target Response Time: 72 Hours
Routine – Maintenance for discolored / faded striping and markings.

Target Response Time: 72 Hours
The Consultant is expected to establish and maintain a close working relationship with City staff throughout the duration of the Agreement.

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. For the duration of the Agreement, the selected Consultant shall maintain the same Project Manager, as specified in the Proposal and approved by the City. In the event that the authorized Project Manager terminates employment, the Consultant shall make a demonstrated and concerted effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Project Manager 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 to ensure the timely and satisfactory completion of all tasks specified in this Agreement.

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01257.0006/976532.2 A-2

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01257.0006/976532.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Not Applicable

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01257.0006/976532.2 C-1
EXHIBIT “C”

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

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01257.0006/976532.2 C-2

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01257.0006/976532.2 C-3

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01257.0006/976532.2 C-4
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

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

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01257.0006/976532.2 C-5
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.

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01257.0006/976532.2 D-1
EXHIBIT “D”

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

City and Consultant may reach a mutually-agreed upon completion date for the tasks listed under Exhibit A.I. depending on the tasks and the City’s requirements.

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.

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01257.0006/976532.2 D-2
EXHIBIT “E”

CITYWIDE STRIPING MAINTENANCE ZONES

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

DATE: April 23, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Planning Manager
SUBJECT: 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
SUMMARY: The 2023 Housing Element Annual Progress Report summarize the City’s progress with regard to the implementation of the goals, policies, and programs of the City’s General Plan. It also summarizes the activities of the Community Development Department from January 1, 2023, through December 31, 2023. This report was submitted on April 1, 2024, per state mandate and was approved by the State Department of Housing and Community Development (HCD). Staff recommends that the City Council receive and file the 2023 Annual Progress Report.

RECOMMENDED ACTION: Staff recommends that the City Council receive and file the Housing Element Annual Progress Report for Calendar Year 2023.

FISCAL/FINANCIAL IMPACT: No Fiscal Impact
DISCUSSION: The report has been prepared in compliance with California Government Code Section 65400 et. seq., which mandates the Planning Commission annually submit to the City Council, State Office of Planning and Research, and the Department of Housing and Community Development the status of the General Plan and the progress the City has made on implementing the goals and policies of the General Plan. During 2023, the Building Department issued permits for 23 total new units 22 of which were Accessory Dwelling Units (ADU’s). These 23 units were then categorized into different affordability tiers that ranged from very low to above moderate-income levels. These units were categorized by taking the average rental rates per square feet from adjacent jurisdictions and applying them to each individual unit which permits were provided for.

Income Level 2021-2029
RHNA
Allocation
Projection
Period
6/30/21-
10/14/21
2021 2022 2023 Total Units
to Date
Total
Remaining
RHNA by
Income Level
Very Low (0-
30% of AMI)
131 0 0 0 5 5 126

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Low (30-50%
of AMI)
64 3 1 0 7 11 53
Moderate (50-
80% of AMI)
70 0 0 0 10 10 60
Above
Moderate (>80
% of AMI)
312 0 1 22 1 24 288
Total 577 3 2 22 23 50 527
The Housing Element Annual Progress Report is attached hereto for the City Council’s consideration. The report provides specific building records for the accounted units, goals and policies of the City of South El Monte Housing Element, LEAP Grant status information. Programs and policies that were reported to the state range from the Code Enforcement program, which looks to coordinate distribution of Homeowner Rehabilitation Assistance/Owner Occupied Rehabilitation (OOR) Program funding with Code Enforcement case data to assist eligible households; to more long range planning, such as the General Plan and Zoning Ordinance review and update.

The attached report has been forwarded and received by the California Department of Housing and Community Development and the Governor’s Office of Planning and Research on April 1, 2024.

CEQA
The Housing Element Annual Progress Reports does not qualify as a project as defined in the California Code of Regulations Section 15378(a). The report is an administrative activity conducted by the City that will not result in direct or indirect physical changes in the environment. Further, the Annual Progress Reports are exempt from review under the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations Section 15601(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ATTACHMENT(S):

A. Housing Annual Progress Report SouthElMonte2023

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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_2_15_24
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
1415 SANTA ANITA

SOUTH EL MONTE
91733

GERARDO

MARQUEZ

PLANNING MANAGER
[email protected]
6265796540
Mailing Address
Please Start Here
General Information
2023
South El Monte
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Annual Progress Report January 2020

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Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

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Jurisdiction South El Monte
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 5
Deed Restricted 0
Non-Deed
Restricted 7
Deed Restricted 0
Non-Deed
Restricted 10
1 23
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 1 1 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 20 22 0
Mobile/Manufactured Home 0 0 0
Total 21 23 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 23 23
0 0
21 21
0 0
0 0
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level

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Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 21 21
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 19 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits

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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 6 0 7 0 7 1 21 0 0 8103024040 2542 EDWARDS AVE RES-NEW-23-005 ADU O 8/23/2023 1 1 NONE No 8116005030 1330 MERCED AVE RES-ALT-23-044 ADU O 11/30/2023 1 1 NONE No 8114016012 1803 COGSWELL RD RES-ACC-23-032 ADU O 7/6/2023 1 1 NONE No 8103013011 2314 CENTRAL AVE RES-ACC-23-035 ADU O 7/19/2023 1 1 NONE No 8114035002 11208 BROADMEAD ST RES-ALT-23-043 ADU O 11/13/2023 1 1 NONE No 8117018020 9909 LAWTON DR RES-ACC-23-036 ADU O 7/20/2023 1 1 NONE No 8114032006 1749 MAXSON RD RES-NEW-23-001 SFD O 1/23/2023 1 1 NONE No 8104025024 2316 SANTA ANITA AVE, BLDG LOT A RES-ACC-23-043 ADU O 8/3/2023 1 1 NONE No 811800416 10932 FANDON RES-ACC-21-018
ADU O
4/17/2021 1 1 NONE No
8114031012
11116
THIENES RES-ACC-22-006
ADU O
3/8/2022 1 1 NONE No
8103018033 10316 ENLOE RES-ACC-22-023 ADU O 8/9/2022 1 1 NONE No 8104025015
2339
GRANADA RES-ACC-21-028
ADU O
11/30/2021 1 1 NONE No
8116012020
1542
HAVENPARK RES-ACC-22-029
ADU O
10/13/2022 1 1 NONE No
8116019013 1829 LUDER RES-ACC-22-026 ADU O 9/21/2022 1 1 NONE No 8116021006
330
BROADMEAD RES-ACC-23-019
ADU O
5/3/2023 1 1 NONE No
8119007074
11052
ANDREWS RES-ACC-22-016
ADU O
9/8/2022 1 1 NONE No
8113011015
11339
BROADMEAD RES-ACC-23-018
ADU O
4/26/2023 1 1 NONE No
8114028008 1618 LEXHAM RES-ACC-23-017 ADU O 4/25/2023 1 1 NONE No 8114028008 1618 LEXHAM RES-ACC-23-016 ADU O 4/25/2023 1 1 NONE No 8104022015
10907
WEAVER RES-ACC-23-040
ADU O
7/24/2023 1 1 NONE No
8118008028
1457
LEAFDALE RES-ACC-23-029
ADU O
6/29/2023 1 1 NONE No
8116020018 1823 DOREEN RES-ACC-22-030
ADU O
10/17/2022 1 1 NONE No
8118015049 1315 DURFEE RES-ACC-23-011 ADU O 3/30/2023 1 1 NONE No 8118016065 11129 BYWAYS RES-ACC-23-031
ADU O
7/5/2023 1 1 NONE No
8114033004
1634
LEAFDALE RES-ACC-22-034
ADU O
11/16/2022 1 1 NONE No
8104015022 10704 ELLIOT RES-ACC-23-023 ADU O 6/13/2023 1 1 NONE No 8102034011
2664
MARYBETH RES-ACC-22-017
ADU O
6/15/2023 1 1 NONE No
8104020016
10923
KLINGERMAN RES-ACC-23-014
ADU O
11/7/2023 1 1 NONE No
8118014045
1321
HOLTWOOD RES-ACC-23-047
ADU O
8/28/2023 1 1 NONE No
8102025022 2547 TAMORA RES-ACC-23-005
ADU O
2/8/2023 1 1 NONE No
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 6 0 7 0 7 1 21 0 5 0 7 0 10 1 23 0 0 0 0 0 0 0 0 5 0 8103024040 2542 EDWARDS AVE RES-NEW-23-005 ADU R 1 8/23/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8116005030 1330 MERCED AVE RES-ALT-23-044 ADU R 1 11/30/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8114016012 1803 COGSWELL RD RES-ACC-23-032 ADU R 1 7/6/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8103013011 2314 CENTRAL AVE RES-ACC-23-035 ADU R 1 7/19/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8114035002 11208 BROADMEAD ST RES-ALT-23-043 ADU R 1 11/13/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8117018020 9909 LAWTON DR RES-ACC-23-036 ADU R 1 7/20/2023 1 0 0 NONE Y average rental rates in comparable jurisdictions
8114032006 1749 MAXSON RD RES-NEW-23-001 SFD O 1 1/23/2023 1 1 8/24/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8104025024 2316 SANTA ANITA AVE, BLDG LOT A RES-ACC-23-043 ADU R 1 8/3/2023 1 1 12/7/2023 1 0 NONE Y average rental rates in comparable jurisdictions
811800416 10932 FANDON RES-ACC-21-018 ADU R 1 4/17/2021 1 1 2/8/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8114031012 11116 THIENES RES-ACC-22-006 ADU R 1 3/8/2022 1 1 2/8/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8103018033 10316 ENLOE RES-ACC-22-023 ADU R 1 8/9/2022 1 1 2/14/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8104025015 2339 GRANADA RES-ACC-21-028 ADU R 1 11/30/2021 1 1 3/23/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8116012020 1542 HAVENPARK RES-ACC-22-029 ADU R 1 10/13/2022 1 1 5/3/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8116019013 1829 LUDER RES-ACC-22-026 ADU R 1 9/21/2022 1 1 6/7/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8116021006 330 BROADMEAD RES-ACC-23-019 ADU R 1 5/3/2023 1 1 7/18/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8119007074 11052 ANDREWS RES-ACC-22-016 ADU R 1 9/8/2022 1 1 7/26/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8113011015 11339 BROADMEAD RES-ACC-23-018
ADU R 1 4/26/2023 1 1 8/15/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8114028008 1618 LEXHAM RES-ACC-23-017 ADU R 1 4/25/2023 1 1 8/23/2023 1 0 1 NONE Y average rental rates in comparable jurisdictions
8114028008 1618 LEXHAM RES-ACC-23-016 ADU R 1 4/25/2023 1 1 8/23/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8104022015 10907 WEAVER RES-ACC-23-040 ADU R 1 7/24/2023 1 1 8/28/2023 1 0 1 NONE Y average rental rates in comparable jurisdictions
8118008028 1457 LEAFDALE RES-ACC-23-029 ADU R 1 6/29/2023 1 1 8/28/2023 1 0 1 NONE Y average rental rates in comparable jurisdictions
8116020018 1823 DOREEN RES-ACC-22-030 ADU R 1 10/17/2022 1 1 9/26/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8118015049 1315 DURFEE RES-ACC-23-011 ADU R 1 3/30/2023 1 1 9/26/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8118016065 11129 BYWAYS RES-ACC-23-031 ADU R 1 7/5/2023 1 1 9/28/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8114033004 1634 LEAFDALE RES-ACC-22-034 ADU R 1 11/16/2022 1 1 9/28/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8104015022 10704 ELLIOT RES-ACC-23-023 ADU R 1 6/13/2023 1 1 10/25/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8102034011 2664 MARYBETH RES-ACC-22-017 ADU R 1 6/15/2023 1 1 11/6/2023 1 0 NONE Y average rental rates in comparable jurisdictions
8104020016 10923 KLINGERMAN RES-ACC-23-014
ADU R 1 11/17/2023 1 1 11/7/2024 1 0 NONE Y average rental rates in comparable jurisdictions
8118014045 1321 HOLTWOOD RES-ACC-23-047 ADU R 1 8/28/2023 1 1 11/14/2023 1 0 1 NONE Y average rental rates in comparable jurisdictions
8102025022 2547 TAMORA RES-ACC-23-005 ADU R 1 2/8/2023 1 1 12/11/2023 1 0 1 NONE Y average rental rates in comparable jurisdictions
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

Page 431 of 662 ends

Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Note: "+" indicates an optional field
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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - 5 - - - - - -
Deed Restricted 3 1 - - - - - - - -
Non-Deed Restricted - - - 7 - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - 10 - - - - - -
Above Moderate 312 - 1 22 1 - - - - - - 24 288
577
3 2 22 23 - - - - - - 50 527
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units
Remaining
66 - - 5 - - - - - - 5 61
VLI Deed Restricted
VLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
60 5
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
10 Moderate
131
64 70
Please contact HCD if your data is different than the material supplied here 11 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
126
53 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

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Jurisdiction South El Monte
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation • Rezone to create additional
opportunities for approximately 60 to
110 new lower- and moderate-income
units.
• Invest $7.3 million dollars of targeted
community investments and
neighborhood improvements, including
infrastructure improvements, ADA
accessibility, and enhanced pedestrian
mobility, through the Santa Anita
Avenue Complete Streets Revitalization
project.

The City amended the Zoning Ordinance
to permit mixed-use development using
the new C-R zone district, the
designation will permit both stand-alone
infill residential development as well as
traditional

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

CREATION OF ADEQUATE
SITES 2021-2029 This is an ongoing effort and will continue

IMPLEMENTATION OF
MIXED USE (C-R) ZONE Continuous This is an ongoing effort and will continue

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mixed-use development where
commercial uses and residential uses
are located in the same structure.
(Commercial Residential) zone district.

There will be an annual review of the
General Plan to document its
consistency with the Housing
Element goals, policies, and programs.

The first element of this program
involves the continued use of a zoning
provision that will continue to permit
the development of an additional
(second) housing unit on any R-1 Zoned
lot. The additional housing units
are permitted by right as long as they
conform to the development standards
for the R-1 Zone. An expanded
component of this existing program will
permit the City to waive application fees
if the property owner agrees to an
affordability covenant that would place
an affordability restriction on the new
units for a given period.

A federally funded rental program that

MIXED USE (C-R) ZONE

GENERAL PLAN AND

ZONING ORDINANCE
REVIEW AND UPDATE.

Continuous This is an ongoing effort and will continue

SECOND UNIT HOUSING
PROGRAM Continuous The Accessory Dwelling Unit Ordinace was amended and adpoted in the last quarter of 2017. The City continues to promote this program.

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assists very low-income families,
elderly, and disabled households.

Decent, safe, and sanitary housing units
are provided to households through
rental vouchers. Participants may find
their own housing including singlefamily homes, townhouse, and apartments. The Baldwin Park Housing
Authority administers the Housing
Vouchers for five jurisdictions in the
region including South El Monte.

Participants are able to select any
housing that meets the requirements of
the program and is not limited to units
located in subsidized housing projects.

The City of South El Monte has
approximately 40 residents who
currently participate in this program.

The City proactively continues to pursue
available funding sources to assist in
the development of lower income,
including extremely low-income
housing. The City continues to apply for
State and Federal assistance including,
but not limited to, CDBG and Home
funding. Other funding sources
will continue to be explored including
Prop 1-C and Local Housing Trust
Funds.

In the absence of redevelopment, the
City has limited options to assemble
individual privately-owned
properties for new larger developments.

As a result, the City is required to rely
solely on the private market to

HOUSING CHOICE
VOUCHER PROGRAM Continuous This program is ongoing.

IDENTIFICATION OF ELI

AND LOW INCOME

HOUSING FUNDING

SOURCES
Continuous This program is ongoing and will be continued.

LOT CONSOLIDATION
PROGRAM Continuous The program is ongoing and will be continued.

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accomplish a consolidation of lots. This
program is an ongoing program that
recognizes the importance of
public-private partnerships in
assembling and redeveloping infill
parcels.

The City recently amended the Zoning
Ordinance to permit emergency shelters
in an area located in the
The rezoning has been completed though the City will continue to northwestern portion of the City just
south of Garvey Avenue and west of
Rosemead Boulevard. The City’s
ensure that the available zoning is identified so that it may be effectively implemented.

Zoning Ordinance was amended to
permit such uses by right without
discretionary review within this zone,
and to ensure emergency shelters are
only subject to the same development
and management standards that
apply to other allowed uses within the
overlay area. This zone was specifically
selected because of its proximity
to transportation, public services, and
the underlying uses that could more
easily accommodate the use.
• Develop a system for tracking all
development proposals on sites
identified in the inventory and develop a
system for ensuring developer
compliance with replacement
requirements.
• Enforce replacement requirements in
accordance with Government Code
Section 66300 for 100% of all applicable
projects.

EMERGENCY HOUSING
PROGRAM 2021-2029

REPLACEMENT HOUSING
PROGRAM 2021-2029 Upon housing element adoption

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CODE ENFORCEMENT

PROGRAM
Coordinate distribution of Homeowner
Rehabilitation Assistance/ OOR
Rehabilitation Program funding with
code enforcement case data to assist
eligible households with incomes at or
below 80 percent of the AMI and serve
an anticipated total of 20 households
through the OOR program that are in
need of rehabilitation assistance located
in low resource or areas of high
segregation and poverty and higher
need.
2021-2029 The program is ongoing and will be continued.

Financial assistance is provided through
the provision of "gap"
financing in the form of both short- and
long-term loans for construction and
permanent financing, as well as
funds for nonprofit housing developers
and HOME-designated Community
Housing Development
Organization (CHDO) activities.

COUNTYWIDE

AFFORDABLE HOME

OWNERSHIP PROGRAM
This program provides funding in the
form of second mortgages to increase
home ownership units that are
affordable to low- and moderate-income
persons. This program facilitates the
acquisition of existing structures
suitable for home ownership
opportunities for low- and moderateincome persons. Where appropriate, this program will be used in conjunction with
the County's Housing Bond and
Mortgage Credit Certificate Programs.
2021-2029 This program is administered through Los Angeles Urban County HOME allocation. The City promotes this program on an ongoing basis.

COUNTYWIDE

AFFORDABLE RENTAL

HOUSING DEVELOPMENT

PROGRAM
2021-2029 This program is administered by the Los Angeles County Development Authority (LACDA). The City promotes this program on an ongoing basis.

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The Cal Home First Homebuyers
Program consists of a $25,000 down
payment assistance program for
qualified applicants. Depending on the
project, the assistance may increase to a
maximum amount of
$60,000.00. The loan is zero interest and
must be repaid in 30 years. The program
evaluates family size,
family income, citizenship/residency,
and type of property being purchased.

The City will increase transparency and
certainty in the development process
through objective design standards. Any
new design standards developed and
imposed by the City shall be objective
without involvement of personal or
subjective judgement by a public official
and shall be uniformly verifiable by
reference to the City's regulations
The Mortgage Credit Certificate (MCC)
Program leverages home ownership
assistanceby issuing certificates to
income-qualified first-time home buyers
authorizing the household
to take a credit against Federal income
taxes of up to 20% of the annual
mortgage interest paid. The mortgage
payments are used to repay the bonds;
there is no City guarantee required.

Facilitate the development,
maintenance, and improvement of

FIRST TIME HOME BUYER
PROGRAM 2021-2029 This program has expended it's funds through CalHome funds.

MORTGAGE CREDIT
CERTIFICATE PROGRAM 2021-2029 This program is offered through the County and it's funds.

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housing for persons with disabilities;
reduce processing time for reasonable
accommodation requests
by 50 percent.

Green City” refers users to a wide range
of initiatives designed to improve the
local environment. Key elements include
energy conservation measures,
recycling, water conservation, and the
use of alternative transit. The programs
includes rebates for energy
conserving refrigerators, water heaters,
and other household appliances
The City of South El
Monte shall promote water conservation
(drought-tolerant landscaping, water
conserving plumbing fixtures,
etc.) in the review of new development.

FAIR/EQUAL HOUSING

PROGRAM
This City program is designed to
promote equal housing opportunities in
South El Monte
Continuous The program is ongoing and will be continued.

WATER CONSERVATION
PROGRAM Continuous The program is ongoing and will be continued.

REASONABLE

ACCOMMODATION

PROGRAM
Continuous The program is ongoing and will be continued.

GREEN CITY PROGRAM Continuous The program is ongoing and will be continued.

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General Comments

Page 448 of 662 ends
Page 449 of 662 ends

Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

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Jurisdiction South El Monte
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Prior APN+ Current APN Street Address Project Name+
Summary Row: Start Data Entry Below

For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the p Project Identifier
1

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ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Housing Element Implementation Cells in grey contain a
2 3
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursua planning agency may include the number of units in an existing multifamily building that were converted to de table, please ensure housing developments meet the requirements describ Unit Types Affordability by Hou

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auto-calculation formulas
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
0 0 0 0 0
ant to Government Code section 65400.2
eed-restricted rental housing for moderate-income households by the imposition of affordability covenants an bed in Government Code 65400.2(b).
4 5
usehold Incomes After Conversion Units credited toward Mod RHNA

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Notes
6 Date Converted Notes
nd restrictions for the unit. Before adding information to this derate Income

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Jurisdiction South El Monte
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

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Jurisdiction South El Monte
Reporting Period 2023
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
NOTE: This table
surplus/excess la
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS
Housing Element Implemen
Table H
Locally Owned Surplus Site
For Los Angeles County jurisdictions, please format the A

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Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
e must contain an invenory of ALL
ands the reporting jurisdiction owns

S REPORT
ntation
es
APN's as follows:9999-999-999

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Jurisdiction South El Monte ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020

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Jurisdiction South El Monte ANNUA
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
No
Local governments are required to inform HCD about any local tenant preference ordinance the local gover Effective January 1, 2023, local governments adopting a tenant preference are required to create a w Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes

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AL ELEMENT PROG
Table K
Tenent Preferen
rnment maintains when the jurisdic
webpage on their internet website c

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GRESS REPORT
K
nce Policy
ction submits their annual progress report on housing approvals and production, pe containing authorizing local ordinance and supporting materials, no more than 90 d

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er Government Code 7061 (SB 649, 2022, Cortese).
days after the ordinance becomes operational.

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Jurisdiction South El Monte
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
LAND MANAGEMENT SYSTEM $150,000.00 $107,143.00
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Tab Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted

L
Please update the status of the proposed uses listed in the entity’s application for funding a or 50515.03, as applicable.
$
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level

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Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Very Low
Low

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Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 6
0 7
0 7
1 21
Current Year

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
and the corresponding impact on housing within the region or jurisdiction, as applicable, categori 150,000.00
Task Status
In Progress

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0 5
0 7
0 10
1 23
Current Year
0 0
0 0
0 0
0 0

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Other
Funding Notes
Local
General Fund AWAITING REIMBURSEMENT
ized based on the eligible uses specified in Section 50515.02

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

DATE: April 23, 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.
24-152, APPROVING AN AMENDED AND RESTATED
AGREEMENT WITH JOHN L. HUNTER AND ASSOCIATES,
INC. FOR ENVIRONMENTAL SERVICES
SUMMARY: On January 12, 2021, the City and John L. Hunter entered into a Contract Services Agreement for environmental services and the management of the MS4 NPDES regulatory permit. On December 14, 2021, City Council approved Amendment No. 1 to the Contract Services Agreement with John L. Hunter and Associates to add more services to the scope of work and increase the maximum compensation. To ensure continuity of the services, staff recommends adopting a resolution approving the Amended and Restated Agreement with John L. Hunter and Associates, Inc. for Environmental Services for a three-year term.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-152, approving the Amended and Restated Agreement with John L. Hunter for Environmental Services in the amount of $459,160; and

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

FISCAL/FINANCIAL IMPACT: Funding for these services were included in the FY 2023/24 adopted budget as follows:
• Environmental services and the management of the MS4 NPDES permit – An annual not-to-exceed amount of $87,346 to be funded through Measure W- Safe, Clean Water (SCW) Program.
• Oversight of Commercial & Industrial Waste Inspections program – An annual not-to-exceed amount of $54,432 to be funded by the City’s General Fund Balance.
• Oversight of the Used Oil Recycling (UOR) program - An annual amount of $5,500 to be funded through the State of California CalRecycle UOR grant program.

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• Oversight of the Beverage Container Recycling (BCR) program – An annual amount of $5,775 to be funded through the State of California CalRecycle BCR grant program.

DISCUSSION: On January 12, 2021, the City and John L. Hunter & Associates, Inc. entered into a Contract Services Agreement for environmental services and management of the MS4 NPDES regulatory permit with a term of three (3) years. The City retained the option to extend the term for two (2) additional one-year terms.

On December 14, 2021, City Council approved an amendment (“Amendment No. 1”) to the January 2021 agreement with John L. Hunter for environmental services and the management of the MS4 NPDES permit. In December 2021, the parties amended the January 2021 agreement to include Commercial and Industrial (C&I) Waste Inspections program, Used Oil Recycling (UOR) grant program, and the Beverage Container Recycling (BCR) grant program services . Further, Amendment No. 1 increased the maximum compensation from $262,110 to $459,160 with an annual amount not-toexceed amount of $153,053.

On January 12, 2024, the original January 2021 agreement expired by its own terms. Yet the City and John L. Hunter have been negotiating the terms and conditions under which John L. Hunter would continue to provide professional services to the City.

To maintain necessary services for oversight of the Commercial and Industrial (C&I) Waste Inspections, Used Oil Recycling (UOR) grant program, and the Beverage Container Recycling (BCR) grant program, staff recommends approving the Amended and Restated Agreement with John L. Hunter and Associates, Inc. for Environmental Services for a three-year term. The City retains the sole discretion to renew the agreement for up to two (2) additional one-year terms.

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

ATTACHMENT(S):

A. Resolution No. 24-152
B. Amended and Restated John L. Hunter contract re NPDES and MS4 permit

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01257.0006/976660.1

ATTACHMENT A
RESOLUTION NO. 24-152

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AN AMENDED AND RESTATED AGREEMENT
WITH JOHN L. HUNTER & ASSOCIATES, INC. FOR

ENVIRONMENTAL SERVICES
WHEREAS, on January 12, 2021, the City and John L. Hunter and Associates, Inc. entered into that certain Agreement for Contractual Services dated January 12, 2021, whereby John L. Hunter and Associates, Inc. agreed to provide environmental services and management of the MS4 NPDES regulatory permit for a maximum compensation of $262,110.00 for a term of three (3) years; and
WHEREAS, on December 14, 2021, City and John L. Hunter and Associates, Inc. amended the January 2021 agreement to include Commercial/Industrial Waste Inspection Services, Oversight of the Used Oil Recycling Program, and Oversight of the Beverage Container Recycling Program, and increased the related maximum compensation from $262,110.00 to $459,160.00; and
WHEREAS, since the amended January 2021 agreement expired by its own terms on January 12, 2024, the City and Consultant have been negotiating the terms and conditions under which Consultant would continue to provide professional services to the City; and WHEREAS, to maintain continuity of the services and simplify administration, the City desires to enter into an Amended and Restated agreement with John L. Hunter and Associates, Inc. for three (3) years with the option to extend for two (2) additional one-year terms.

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

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

SECTION 2: The City Council hereby approves the Amended and Restated agreement with John L. Hunter and Associates, Inc. for environmental services and management of the MS4 NPDES regulatory permit for a total of $459,160 with an annual not-to-exceed amount of $153,053.

SECTION 3: The City Council hereby authorizes and directs the City Manager to take all actions necessary to effectuate and execute the Amended and Restated Agreement, 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.

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01257.0006/976660.1
SECTION 5: The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this 23rd 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. 24-152 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 23rd day of April 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT B
1 CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
JOHN L. HUNTER & ASSOCIATES, INC.

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AMENDED AND RESTATED

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
JOHN L. HUNTER & ASSOCIATES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 23rd day of April 2024 by and between the City of South El Monte, a California, a municipal corporation (“City”) and John L. Hunter & Associates, Inc., a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of environmental services to manage the City’s MS4 NPDES Permit Compliance Program as further defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal 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 as it has been determined Consultant best meets the needs of the City by providing the best combination of price and quality.

C. Pursuant to Chapter 3.16 of the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.

D. City and Consultant entered into that certain Agreement for Contractual Services dated January 12, 2021, whereby Consultant agreed to provide environmental services and management of the MS4 NPDES regulatory permit for a maximum compensation of Two Hundred Sixty Two Thousand One Hundred and Ten Dollars ($262,110.00).

E. On December 14, 2021, City and Consultant amended the January 2021 agreement to include Commercial/Industrial Waste Inspection Services, Oversight of the Used Oil Recycling Program, and Oversight of the Beverage Container Recycling Program, and increased the related maximum compensation from $262,110.00 to $459,160.00.

F. Since the amended January 2021 agreement expired by its own terms on January 12, 2024, the City and Consultant have been negotiating the terms and conditions under which Consultant would continue to provide professional services to the City.

G. The Parties now wish to enter into an Amended and Restated Agreement for Contract Services 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.

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

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

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ATTACHMENT B
3 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.

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

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ATTACHMENT B
4 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 Nine Thousand One Hundred Sixty Dollars ($459,160.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. The annual not-to-exceed amount shall be $153,053.

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

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ATTACHMENT B
5 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 subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

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

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ATTACHMENT B
6 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 discretion, extend the Term for two (2) additional oneyear terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(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.

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ATTACHMENT B
7 4.2 Status of Consultant.

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

4.3 Contract Officer.

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

4.4 Independent Consultant.

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.

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

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ATTACHMENT B
8 (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.
(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, nonowned 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”.

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9 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 with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium 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

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10 Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day 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.

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

5.3 Indemnification.

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

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12 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 of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer 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.

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13 6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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

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14 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 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.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 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.

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16 7.8 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.

7.9 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

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17 State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201 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.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 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 _______

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19 9.7 Corporate Authority.

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

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20 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
Gloria Olmos, Mayor
ATTEST:

Donna Schwartz, City Clerk
APPROVED AS TO FORM:

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

JOHN L. HUNTER & ASSOCIATES
By:

Name: John L. Hunter
Title: Chief Executive Officer
By:

Name: Cameron McCullough
Title: Chief Financial Officer
Address: 6131 Orangethorpe Ave., Suite 300
Buena Park, CA 90620
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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.

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EXHIBIT “A”

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

Table 1. Program Assistance Tasks
RFP
Task Description

1.a Provide Program status updates and hold update meetings.

Approach: NPDES regulation is expansive, complex, and at times esoteric. Consultant will be available to the City on-call, and can provide updates at any preferred frequency. Summary reports on proposed changes and modifications to the NPDES program will be prepared for immediate viewing by the City via an online portal set up by Consultant. Any action items required by the City as a result of program updates will be conveyed via email or phone call as soon as possible.

1.b Represent the City at interagency meetings and in concerns with stakeholders.

Approach: Consultant will represent the City at all MS4 NPDES related meetings and interactions including the following: 1) at relevant interagency NPDES meetings, 2) in interactions and negotiations with stakeholders (e.g., regulating agencies, non-governmental agencies, and the public), 3) in compliance audits, and 4) in responding to enforcement actions. Summary reports will be prepared for viewing via an online portal. Any action items required by the City as a result of the meetings will be conveyed via email or phone call as soon as possible.

1.c Share information and expertise, and provide skills training to staff.

Approach: Consultant shall:

1. Conduct the training at a time suitable to City staff.

2. Provide knowledgeable personnel with training.

3. Extract essential elements of the following compliance programs:
a. Planning and Land Development
b. Construction
c. Industrial/Commercial Facilities
d. Public Agency Activities
e. Illicit Discharge Investigations
f. Public Information and Participation

4. Place emphasis on the internal staff process and individual job responsibilities.

5. Hold Q&A with City staff.

6. Provide slide presentations, key program forms, templates, and documentation. The deliverables under this scope of services will included access to an online training portal that

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Table 1. Program Assistance Tasks
RFP
Task Description
will permanently store all presentations and related training documentation.

At the City’s request, Consultant can provide can additional in-depth staff training (beyond the onehour standard training scope) on any component of the MS4 NPDES program.

In addition, Consultant’s expertise is available on-call, via the platform preferred by the City (e.g., emails, teleconferences, summary reports, and web portals.)

1.d Prepare and submit the City’s Annual Report. Participate in the completion of the Watershed Annual Report.

Approach: Consultant will develop Individual Annual Report information request forms and provide them to City staff in August. Completed forms will be reviewed with City staff in September and city data and comments will be incorporated into a Draft Annual Report. The County’s WRAMPS.ORG database will be updated with LID data and volumetric management results will be incorporated into the Draft Annual Report. Based on data incorporated, responses to program status and assessment elements of the Draft Annual Report will be prepared. The final Draft Annual Report will be reviewed with the City by November 15th. The Individual Annual Report will be submitted prior to the December 15th deadline. Preparation of Watershed MS4 NPDES Annual Reports are led by the ULAR WMG.

1.e Maintain online databases of Program records
Approach: Consultant shall store records of all programs provided under the scope of work on an electronic database accessible to the City online. We will also update and maintain a website of key program records to facilitate easy access by City staff for annual reporting and program audits.

1.f As needed: Assist with NPDES tasks not itemized in this scope of work.

Approach: The Consultant understands the City will require as-needed assistance for tasks within the project scope but not included in the RFP. Consultant shall be available to provide assistance with guidance on compliance strategies, provide assistance with compliance with other NPDES Permits and non-stormwater discharges, and assist in the development and administration of fees to fund the City’s NPDES programs.

Table 2. Program Funding Assistance
RFP
Task Description

2.a Provide status updates and advise on SCWP and grant opportunities.

Approach: Consultant shall keep apprised of grant opportunities related to NPDES and notify the City, assist in preparing and submitting applications, provide grant status updates, and manage approved grant projects.

2.b Represent the City at SCWP meetings and in concerns with stakeholders.

Consultant shall represent the City at the SCWP meetings and in concerns with the Flood Control District, stakeholders, and other parties. Our approach to this task will mirror those listed in the prior sections.

2.c Assist in preparing and submitting SCWP and NPDES grant applications, and in managing approved SCWP and grant projects.

Approach: Consultant shall prepare documents for applicable funding opportunities related to NPDES/surface water quality. Specific examples to the SCWP include:

1. Submitting project concepts to the Watershed Area Steering Committee (WASC) for

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Table 2. Program Funding Assistance
RFP
Task Description
consideration for further development and provide any information the WASC requests for their project review and evaluation,

2. Submitting feasibility studies to the WASC for design, construction, and O&M money,

3. Engaging with Watershed Coordinators. The Watershed Coordinators can assist the City identify and develop Project concepts that may be elevated to the WASCs and Technical,

4. Assisting the District Technical Assistance Team with Feasibility Study development,

5. Preparing and submitting Annual Plans and Annual Reports.

6. Corresponding with District staff, WASCs, and other stakeholders on program developments.

7. Assisting with other SCW Program requirements, as needed.

Consultant shall also keep apprised of grant opportunities related to NPDES and will notify the City.

Note that we included a limited budget for this service. A robust project concept development would likely be outside of the scope of this proposal. Preparing a SCW Feasibility Study is also outside of the scope of this proposal.

2.d Assist in selecting, budgeting, planning, reporting on, and implementing eligible expenditures under the SCWP and other funding programs.

Approach: Consultant shall assist the City in selecting, budgeting, planning, reporting on, and implementing eligible expenditures under the SCWP and other funding programs. Consultant’s approach to this task will mirror those listed in the prior section.

2.e Assist in developing and administering fees, budgets, and cost share agreements.

Approach: We will assist the City in the development and administration of fees to fund the municipality’s NPDES programs such as assisting with the following:

1. A study to determine a per-parcel citywide stormwater program fee.

2. Conducting stormwater compliance inspection fee and/or FOG Control Program fee studies

3. Collecting Permit and inspection fees.

4. Developing MOA/MOU cost-shares for WMP and CIMP implementation activities.

Table 3. Compliance Planning Tasks
RFP
Task Description

3.a Assist in the continued development of the City’s NPDES program.

Approach: Consultant shall assess compliance with applicable MS4 NPDES Program requirements, recommend compliance actions, and—should the City proceed with the recommended actions— Consultant shall assist in their development and implementation.

3.b Assess the compliance and effectiveness of the City’s Program. Recommend compliance actions and improvements and assist in their implementation.

Approach: Consultant’s approach to this task will mirror those listed in the prior subsection 3.a.

3.c Participate in adaptively managing the City’s WMPs and CIMPs.

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Table 3. Compliance Planning Tasks
RFP
Task Description
Approach: The City is a member of the Upper Los Angeles (ULAR) Watershed Management Group (WMG), which includes contributing funds (separate from this proposal) for implementation of a Coordinated Integrated Monitoring Program (CIMP) as well as the continued development of the ULAR Enhanced Watershed Management Program (EWMP) and CIMP. The ULAR EWMP is the City’s plan to comply with the LA Countywide MS4 NPDES Permit, which is driven in large part by Total Maximum Daily Loads (TMDLs). Consultant has assisted, and continues to assist, several cities in the ULAR WMG with EWMP/TDML compliance. In Consultant’s EWMP assistance and TMDL review, Consultant will optimize itsexperience in this narrow yet complex field to the City’s benefit. In addition to regular, direct communication with City staff, Consultant issues newsletters to clients that address local, regional, statewide, and federal NPDES MS4 issues.

3.d Assist with planning, implementing, and reporting for TMDLs and for statewide pollutant provisions.

Approach: Consultant shall assist with planning, implementing, and reporting for TMDLs.

Consultant’s approach to this task will mirror those listed in the prior section. With respect to the Statewide Trash Provisions, Consultant shall review and update any GIS maps, long term compliance and monitoring plans (as-needed), or other information required by the Regional Board through the Annual Reporting process. Consultant shall also provide general assistance with the monitoring and control measure planning and implementation required by the provisions.

3.e
Conduct a Trash TMDL Daily Generation Rate Study. This includes monitoring litter generated within representative study areas over a 30 day period in the summer, extrapolating the results, and using a mass balance calculation to determine how much trash is discharged during storm events.

Approach: Consultant shall conduct a Trash TMDL Daily Generation Rate (DGR) during the 2021, 2022, and 2023 summer. This includes:

1. Planning study routes and covering the catch basins along the routes with netting. (The number of catch basins covered will likely be less than 10.) The routes will be in up to five separate land uses.

2. Preparing an estimate of the amount of anthropogenic litter larger than ¼ inch generated on a daily basis based upon litter collected and street sweeping schedule.

3. Accessing the City yard or other secure location for trash sorting.

4. The collection period for the Trash DGR study will be over a 30 consecutive day period. The DGR will cover one full month of street sweeping (this will require five separate collection events for each specific land use area to cover day sweeping cycles over a 30-day period).

5. Preparing a report in the format specified by the Regional Board or appropriate for including in the MS4 Annual Report. The draft summary report will be prepared and submitted to the City approximately 30 days after the completion of the study, on or before October 15 of each year. A final report will be provided to the City approximately 2 weeks after comments regarding the draft report are received.

3.f Provide training for City staff.

Approach: Consultant shall provide training to applicable City staff and contractors. Our approach to this task will mirror those listed in the prior section.

Table 4. Implementation Activities Tasks
RFP
Task Description

4.a Infrastructure Program

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Table 4. Implementation Activities Tasks
RFP
Task Description

4.a.i Assist with selecting, planning, and implementing infrastructure projects.

Approach: Consultant shall assist the City in developing projects to be funded through the SCW Program, or other funding sources. This shall include the process of identifying, selecting, planning, funding, and implementing water quality infrastructure projects, and are also versed in the SCW Program and state and local grant funding processes.

4.a.ii Maintain an inventory of candidate infrastructure projects.

Approach: Consultant shall maintain an updated inventory of candidate infrastructure projects. Due to the many provisions in the MS4 Permit regarding GIS databases, we have developed an electronic database to store inventories of candidate infrastructure project records, along with most other elements of the respective MS4 Permit programs.

4.a.iii Assist in implementing the City’s Green Streets Policy.

Approach: Consultant shall assist in implementing the City’s Green Streets Policy, and provide guidance to City staff and design consultants. We have provided this assistance to several local cities within the last few years.

4.a.iv As-needed: Assist with NPDES permitting for infrastructure projects.

Approach: Consultant shall assist with NPDES Permit NOIs, NOTs, and the review of prepared permit documents. (Note this does not include implementing tasks required by the CGP and IGP or other NPDES Permits, such as developing SWPPPs, conducting monitoring, or preparing inspection reports.)

4.a.v As-needed: Conduct NPDES maintenance inspections for completed infrastructure projects.

Approach: Consultant shall be available to conduct maintenance inspections of the surface water quality components of completed infrastructure projects.

4.b Planning and Land Development

4.b.i Review LID Plan and Green Streets Policy projects.

Approach: Consultant shall verify conformance with the criteria of the current MS4 Permit section Vi.D.7.b-c, provide correction sheets to indicate corrections required to achieve conformance, meet and correspond with project applicants and engineers, and approve plans. Standard turnaround time for LID plan review is two weeks.

4.b.ii Track post-construction BMPs with relevant water quality data.

Approach: Consultant shall track post-construction BMPs. Due to the many provisions in the MS4 Permit regarding GIS databases, we have developed an electronic database to store postconstruction BMP records, along with most other elements of the respective MS4 Permit programs.

4.b.iii As needed: Assist with LID BMP verification and maintenance inspections.

Approach: The Consultant shall be available to assist with LID BMP verification and maintenance inspections. This includes:

1. Verifying the proper construction and installation of BMPs, and the proper operation and maintenance of BMPs. Staff will be available to conduct inspections upon receiving notice from the city to inspect and availability of records and plans.

2. Notifying existing BMP sites of maintenance requirements via notification letters and correspondence with owners and operators of BMPs.

3. Conducting follow-up activities at non-compliant projects related to the detection of BMPs

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Table 4. Implementation Activities Tasks
RFP
Task Description
that are improperly constructed, installed, or maintained.

4. Issuing enforcement actions.

4.c Construction. For sites that disturb one acre or more of land.

4.c.i Review SWPPPs for BMP implementation.

Approach: This includes SWPPP review by a Consultant’s Qualified SWPPP Developer (QSD) following a review checklist based on MS4 permit requirements. Standard turn-around time for review is two weeks.

4.c.ii Track permitted sites with relevant water quality data.

Approach: Consultant shall review city and Water Board records and on-site conditions to update the site inventory and review existing site information and regulatory history prior to inspection on a monthly basis.

4.c.iii Inspect projects monthly for BMP implementation.

Approach: Consultant shall inspect sites for proper BMP implementation. Inspections follow the standard operating procedures listed in the MS4 Permit, which includes 1) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 2) determining the need for corrective actions and setting up a follow-up inspection date within 4 weeks, and 3) completing an inspection form. Consultant shall correspond with site operators and schedule inspections as-needed, discuss corrective actions required, and providing program education as-needed. For egregious or repeated cases of non-compliance, enforcement notices will be prepared following the city ordinances and NPDES Permit’s progressive enforcement requirements. If noncompliance persists, we will work with City enforcement staff to resolve the issue.

4.d Industrial/commercial Facilities

4.d.i Track facilities with relevant water quality data.

Approach: Consultant shall review city records and facility records to update the industrial/commercial facility inventory and review existing facility information and regulatory history prior to inspection.

4.d.ii Assist with the implementation of SB-205.

Approach: At the City’s request, Consultant shall prepare a supplemental questionnaire for use in business license applications. Completed supplemental questionnaires will be reviewed by staff and businesses requiring IGP coverage will be forwarded to the City. Consultant shall correspond with businesses regarding completed questionnaires, and SB-205 and IGP requirements and enrollment.

4.d.iii
Inspect biennially industrial/commercial facilities for BMP implementation. This includes follow-up activities, correspondence, and documentation. It also includes distributing educational materials and providing technical assistance as needed.

Approach: Consultant shall inspect industrial/commercial facilities for proper BMP implementation.

Inspections follow the standard operating procedures listed in the MS4 Permit, which includes 1) inspecting facility layout to locate the storm drain system and/or stormwater drainage path, storage areas, process, areas, and heavy equipment wash and maintenance areas, and stormwater sampling locations, if applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, 4) and determining the need for corrective actions and setting up follow-up inspection dates.

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Table 4. Implementation Activities Tasks
RFP
Task Description

4.d.iv Assist in preparing enforcement actions for noncompliance.

Approach: For egregious or repeated cases of noncompliance, enforcement notices will be prepared by Consultant following the NPDES Permit’s progressive enforcement requirements. If noncompliance persists, Consultant shall work with City enforcement staff to resolve the issue.

4.e Public Agency Activities Program

4.e.i Track city-owned or operated facilities with relevant water quality data.

Approach: Consultant shall review city records and facility records to update the city-owned or operated facilities inventory.

4.e.ii Assist in selecting BMPs for activities at facilities that generate pollution.

Approach: If existing BMPs are deficient, Consultant shall assist in selecting BMPs for activities at city-owned or operated facilities. Consultant’s approach to this task will mirror those listed in the prior section 4.d..

4.e.iii Assist in overseeing BMP implementation for City contractors. Review contract language to verify that proper BMPs are mandatory.

Approach: Consultant shall be available to assist in overseeing BMP implementation for City contractors. This includes updating language to require contractors to implement BMPs from VI.D.9.e.iii.

4.e.iv Prepare NPDES Integrated Pest Management procedures.

Approach: Consultant shall prepare Integrated Pest Management Procedures that meet the requirements of the MS4 NPDES Permit. A review of the procedures can be incorporated into staff training.

4.f Illicit Discharge Investigations

4.f.i As needed: Investigate illicit discharge complaints. This includes follow-up activities, correspondence, and documentation.

Approach: Consultant shall be available to investigate illicit discharge complaints. Consultant shall correspond with responsible parties and complainants and schedule inspections as-needed, discuss corrective actions required, and provide program education as-needed. Consultant shall store records on an electronic database accessible to the City online. Consultant shall conduct follow-up investigations to verify elimination of illicit discharges. For egregious or repeated cases of noncompliance, enforcement notices will be prepared. Notices will be sent out only after City approval.

If noncompliance persists, Consultant shall work with City enforcement staff to resolve the issue.

4.f.ii As needed: Assist in preparing enforcement actions.

Approach: Consultant shall be available to assist in preparing enforcement actions as requested by the City. Our approach to this task will mirror those listed in the prior section.

4.g Public Information and Participation

4.g.i Provide pollution prevention educational materials for distribution.

Approach: Consultant has developed educational materials at low cost by using, with permission, existing materials developed by Orange County and other agencies. Consultant shall develop standalone educational materials at the request of the City. Material topics include content on vehicle, house, yard, pesticide, animal, and construction wastes.

4.g.ii Assist with City community events to promote pollution prevention.

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Table 4. Implementation Activities Tasks
RFP
Task Description
Approach: Consultant shall discuss with City staff opportunities to participate and promote pollution prevention at city events. Consultant shall attend the chosen event(s) and educate the public in stormwater pollution through discussion, demonstrations, and material distribution.

4.g.iii Prepare educational content for the City’s internet based platforms.

Approach: Consultant shall prepared stormwater content such websites and articles for several clients and can provide content tailored to the City’s interests. Consultant’s approach to this task will mirror those listed in the prior section 4.f..

4.g.iv Distribute educational materials to commercial points of purchase.

Approach: Point of purchase locations include automotive, home improvement, gardening, and pet/feed stores. Consultant shall visit select stores and provide brochures specific to these industries to be displayed for distribution. The program will be implemented once per reporting year.

4.g.v Assist with the distribution of educational materials to schools.

Approach: This task may be addressed by existing county programs, as well as new developments paid for by the SCW District Program. Consultant shall supplement this effort by providing K-12 schools within the City’s jurisdiction with educational materials.

4.g.vi As needed: Update educational materials.

Approach: Updates to the content can be made at the City’s request and in multiple languages, including Spanish, Chinese, and Korean.

Task name

COMMERCIAL/INDUSTRIAL WASTE PROGRAM

1.a Conduct approximately 350 inspections for 200 facilities

1.b Enforce ordinance in cases of noncompliance

1.c Process permits

1.d Conduct plan reviews

1.e Assist with Annual Billing

1.f Sanitary Sewer Overflow (SSO)
Task name

USED OIL GRANT PROGRAM

1.a Public Participation

1.b Certified Collection Center (CCC) Survey, Support, and Administration

1.c Grant Administration

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Task name

BEVERAGE CONTAINER RECYCLING PROGRAM

1.a Public Participation

1.b Beverage Container Recycling (BCR) Centers Support, and Administration

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

A. Any and all reports identified in Exhibit A.I.

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

A. Deliverable dates will be communicated and decided between the City and the Consultant.

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

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

A. John Hunter, Principal in Charge
B. Cameron McCullough, Program Manager
C. Jillian Brickey, Alternate Program Manager
D. Michelle Kim, Project Manager
E. Hugo Garcia, Assistant Project Manager
F. Michelle Staffield, Project Engineer

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.

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EXHIBIT “C”

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

Task name Cost Subtotal Total
MUNICIPAL NPDES PERMIT PROGRAM $80,895

1. ProgramAssistance $14,000

1.a Program status andmeetings $4,250

1.b Interagency meetingrepresentation $1,500

1.c Information, expertise, andskills $1,000

1.d Annual Reports $6,250

1.e Databases management $1,000

1.f Assistance with NPDES tasks not itemized in the SOW (as-needed) -- 2 Program FundingAssistance $12,950

2.a SCWP/grant opportunities status andupdates $1,000

2.b SCWP meeting representation $1,000

2.c SCWP/grant applications andmanagement $8,950

2.d Assistance with additional SCWP and grant-related tasks $1,000

2.e Fees, budgets, and cost share agreements $1,000

3. Compliance Planning $19,975

3.a City NPDES programdevelopment $1,000

3.b City NPDES programassessment $1,000

3.c WMPs and CIMPs $4,000

3.d TMDL planning, implementing, and reporting $5,000

3.e Trash TMDL DGR Study $6,000

3.f Training $2,975

4. Control Programs $47,995

4.a InfrastructureProgram $1,500

4.b Planning and Land Development $5,000

4.c Construction. For sites that disturb one acre or more of land. $7,750

4.d Industrial/commercial Facilities(196 facilities, 40 follow-ups)* $30,750

4.e Public Agency ActivitiesProgram $1,000

4.f Illicit Discharge Investigations(as-needed) --

4.g Public Information andParticipation $1,995
IW and FOG Control servicesdiscount -$14,025
PROGRAM ADMINISTRATION ANDQA/QC $3,905

5. Program Administration andQA/QC $3,905

5.a Program administration and QA/QCbudget $3,905
Total Not to Exceed** $84,800
* Commercial and industrial facility inspections are billed at the same rate **For cost comparison purposes, it is important to note that the Annual Estimate is based on several assumptions, including the number of industrial/commercial and construction

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sites, plan reviews, and the level of service desired by City staff. Since services are provided as‐needed, if there are fewer sites and plan reviews, or if the City requests reduced services, then the total costs will be less than this estimate. This rate schedule is subject to consumer price index (CPI) increases in subsequent years Task name Cost Subtotal Total
COMMERCIAL/INDUSTRIAL WASTE PROGRAM $47,378

1. Commercial/Industrial Waste Program $47,378

1.a Commercial/industrial waste Facilities(350 inspections, 200 facilities) $33,868

1.b Enforce ordinance in cases of noncompliance $2,300

1.c Process permits $4,830

1.d Conduct plan reviews $2,790

1.e Assist with AnnualBilling $1,840

1.f Sanitary Sewer Overflow (SSO) $1,750
PROGRAM ADMINISTRATION ANDQA/QC $5,580

2. Program Administration andQA/QC $5,580

2.a Program administration and QA/QCbudget $5,580
Total Not to Exceed* $52,958
*This rate schedule is subject to consumer price index (CPI) increases in subsequent years Task name Cost Subtotal Total
USED OIL GRANT PROGRAM $5,904

1. Used Oil Grant Program $5,904

1.a PublicParticipation $2,659

1.b Certified Collection Center (CCC) Survey, Support, and Administration $1,495

1.c Grant Administration $1,750
PROGRAM ADMINISTRATION ANDQA/QC $660

2. Program Administration andQA/QC $660

2.a Program administration and QA/QCbudget $660
Total Not to Exceed* $6,564
*This rate schedule is subject to consumer price index (CPI) increases in subsequent years Task name Cost Subtotal Total
BEVERAGE CONTAINER RECYCLING GRANTPROGRAM $5,500

1. Beverage ContainerRecycling $5,500

1.a PublicParticipation $2,548

1.b Beverage Container Recycling (BCR) Center Support, and Administration $2,547

1.c GrantAdministration $405
PROGRAM ADMINISTRATION ANDQA/QC $660

2. Program Administration andQA/QC $660

2.a Program administration and QA/QCbudget $660

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Total Not to Exceed* $6,160
*This rate schedule is subject to consumer price index (CPI) increases in subsequent years Task name Total
MUNICIPAL NPDES PERMIT PROGRAM $87,346
COMMERCIAL/INDUSTRIAL WASTE PROGRAM $54,432
USED OIL GRANT PROGRAM $5,500
BEVERAGE CONTAINER RECYCLING GRANT PROGRAM $5,775
Total Not to Exceed* $153,053
*This rate schedule is subject to consumer price index (CPI) increases in subsequent years II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

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

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

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

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

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

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

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

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EXHIBIT “C-1”
Consultant Rates
Principal $185 / hour
Director $165 / hour
Program Manager $165 / hour
Staff Engineer $165 / hour
Project Manager $155 / hour
Assistant Project Manager $145 / hour
Project Engineer $145 / hour
Compliance Specialist II $115 / hour
Project Analyst II $115 / hour
Industrial/commercial facility inspection $125 / unit
Compliance Specialist I $105 / hour
Project Analyst I $105 / hour
Administrative Assistant, Laborer (OSHA 40hr certified) $65 / hour State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost + 5%
This rate schedule is subject to consumer price index (CPI) increases in subsequent years.

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EXHIBIT “D”

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

Task name Schedule

MUNICIPAL NPDES PERMIT PROGRAM

1. Program Assistance

1.a Program status and meetings Status updates provided monthly and as requested

1.b Interagency meeting representation Provided as interagency meetings occur, which is usually monthly at a minimum

1.c Information, expertise, and skills Provided as requested by City staff

1.d Annual Reports
Draft Report submitted by 11/15 each year, final
report submitted by 12/15 each year, and as
needed

1.e Databases management Ongoing task

1.f Assistance with NPDES tasks not itemized in
the SOW (as-needed)
Provided as requested by City staff, on schedule
agreed upon by City staff and JLHA
2 Program Funding Assistance

2.a SCWP/grant opportunities status and updates Status updates and assistance provided on request

2.b SCWP meeting representation Provided as SCWP staff schedules meetings, which range from monthly to quarterly

2.c SCWP/grant applications and management Provided within the timeframes required by the SCWP and grant agencies

2.d Assistance with additional SCWP and grantrelated tasksProvided within the timeframes required by the SCWP and grant agencies

2.e Fees, budgets, and cost share agreements Depending on task, completion ranges from a week to a month

3. Compliance Planning

3.a City NPDES program development Provided with the Annual Report and as requested

3.b City NPDES program assessment Provided with the Annual Report and as requested

3.c WMPs and CIMPs Completed by 6/30/2024 and as-needed

3.d TMDL planning, implementing, and reporting Provided as requested by City staff, on schedule agreed upon by City staff and JLHA

3.e Trash TMDL DGR Study Study conducted over 30 days in the summer, final report by 12/15 each year, and as needed

3.f Training Conducted annually at a time set by City staff

4. Control Programs

4.a Infrastructure Program Provided as requested by City staff

4.b Planning and Land Development Plan review turn-around time is 2 weeks

4.c Construction. For sites that disturb >1 acre. Inspections conducted monthly if requested

4.d Industrial/commercial Facilities (196 facilities, Inspections and follow-ups conducted annually, in

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01257.0006/976598.2 D-2
Task name Schedule

MUNICIPAL NPDES PERMIT PROGRAM
40 follow-ups) a timeframe agreed upon by City staff and JLHA

4.e Public Agency Activities Program Facility inventories are updated annually.

4.f Illicit Discharge Investigations (as-needed) Response time is based on the nature of the suspected violation. Less than 24 hours is typical.

4.g Public Information and Participation Educational materials will be distributed annually.

Event attendance is provided at the request of City.

Task name Schedule

COMMERCIAL/INDUSTRIAL WASTE PROGRAM

1.a Commercial/industrial waste Facilities (350
inspections, 200 facilities)
Inspections are conducted annually or more
frequently based on the schedule set by LA County
Municipal Code Title Section 20

1.b Enforce ordinance in cases of noncompliance Ongoing task based on the severity and nature of the suspected violation

1.c Process permits Ongoing task

1.d Conduct plan reviews Plan review turn-around time is 2 weeks

1.e Assist with Annual Billing Three rounds of annual invoices are prepared and mailed at the beginning of each fiscal year

1.f Sanitary Sewer Overflow (SSO) Provided as requested by City staff Task name Schedule

USED OIL GRANT PROGRAM

1.a Public Participation Provided as requested by City staff, on schedule agreed upon by City staff and JLHA

1.b Certified Collection Center (CCC) Survey,
Support, and Administration Surveys are conducted annually at four locations

1.c Grant Administration Provided within the timeframes required by CalRecycle and grant agencies
Task name Schedule

BEVERAGE CONTAINER RECYCLING PROGRAM

1.a Public Participation Provided as requested by City staff, on schedule agreed upon by City staff and JLHA

1.b Beverage Container Recycling (BCR) Centers
Support, and Administration
Provided as requested by City staff, on schedule
agreed upon by City staff and JLHA

1.c Grant Administration Provided within the timeframes required by CalRecycle and grant agencies

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01257.0006/976598.2 D-3
II. Consultant shall deliver the following tangible work products to the City by the following dates:

A. Deliverable dates will be communicated and decided between the City and the Consultant.

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

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

DATE: April 23, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NOS
24-153 THROUGH 24-158, CREATING NEW

CLASSIFICATIONS AND UPDATING CERTAIN

CLASSIFICATIONS AND JOB DESCRIPTIONS
SUMMARY:

Staff is requesting Council approve resolutions creating new classifications and updating certain classifications and job descriptions.

RECOMMENDED ACTION: Staff recommends City Council adopt the following:

Resolution Nos. 24-153 through 24-158 adding and/or revising the positions of Administrative Assistant I – Community Services; Community Services Analyst; Maintenance Worker II (Specialist); Lead Maintenance Worker III; Community Development Executive Assistant; and Planning Assistant. The job title of Receptionist would be changed to Administrative Assistant I – Community Services. The job title of Lead Maintenance Worker – Building & Landscape would be changed to Maintenance Worker II (Specialist). The job title of Lead Maintenance Worker would be changed to Lead Maintenance Worker III. The job title of Executive Assistant would be changed to Community Development Executive Assistant. There are also updates and revisions to the class specifications for Maintenance Worker II (Specialist); Lead Maintenance Worker III; Community Development Executive Assistant; and Planning Assistant.

Further, there are updates to the compensation for Maintenance Worker II (Specialist); Lead Maintenance Worker III; Community Development Executive Assistant; and Planning Assistant.

FISCAL/FINANCIAL IMPACT: The expected fiscal impact is $220,487. 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.

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DISCUSSION:

The following positions are recommended for changes:

Administrative Assistant I – Community Services – Change in title and class specification. The prior title for this position was Receptionist. The compensation range is between $4,773.16/month - $5,801.80/month. The duties and responsibilities of this individual are those of a receptionist. The duties have been modified to address the needs of the Community & Senior Services Department.

Community Services Analyst – Create a new classification with a proposed compensation range of $5,968.96/month – $7,255.32/month. The class specification will perform a variety of professional analyses, coordinate administrative studies, public relations, marketing and news media relations. This classification is assigned to work in the City’s Community Services Department.

Maintenance Worker II (Specialist) – Change in title, compensation, and class specification. The prior title for this position was Lead Maintenance Worker – Building & Landscape. The proposed compensation range is $4,434.91 - $5,390.66. This position will perform a wide variety of skilled and semi-skilled tasks related to the maintenance and repair of City buildings and facilities, parks, grounds, open spaces, streets, sidewalks, sewers, and storm facilities. This position has been upgraded to provide high-level support

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duties for the Public Works Department.

Lead Maintenance Worker III – Change in title, compensation, and class specification.

The prior title for this position was Lead Maintenance Worker. The proposed compensation range is $5,556.18 - $6,753.58. This position will perform lead functions in the repair and maintenance of the City of South El Monte facilities, buildings, grounds, parks, urban forestry, landscape, streets, and equipment and operating systems. This position has been upgraded to provide high-level support duties for the Public Works Department.

Community Development Executive Assistant – Change in title, compensation, and class specification. The prior title for this position was Executive Assistant. The proposed compensation range is between $5,463/month - $6,640/month. This position will perform a variety of confidential and complex administrative support duties; prepare a variety of reports, records and materials; respond to questions and requests for information. This position has been upgraded to provide high-level support duties for the Community Development Department.

Planning Assistant – Change in compensation and class specification. The proposed compensation range is between $4,773.16/month - $5,801.80/month. This position will perform technical activities and entry-level planning tasks for special projects and research; prepare reports and makes recommendations regarding land use applications; provide support in the implementation of the City’s General Plan and municipal codes applicable to planning activities; analyze data with respect to relevant laws, ordinances, regulations, and policies. This classification is assigned to work in the City’s Community Services Department.

ATTACHMENT(S):

A. Resolution No. 24-153, Administrative Assistant I – Community Services-Class Specs 4-23-24
B. Exhibit A to Reso No. 24-153 Administrative Assistant I Community Services Class Spec 4-23-24
C. Resolution No. 24-154, Community Services Analyst - Class Specs 4-23-24 D. Exhibit A to REso No. 24-154 Community Services Analyst Class Spec 4-23-24 E. Resolution No. 24-155, Maintenance Worker II (Specialist) Class Specs 4-23-24 F. Exhibit A to Reso No, 24-155 Maintenance Worker II Specialist Class Specs 4-23- 24 G. Resolution No. 24-156, Lead Maintenance Worker III Class Specs 4-23-24 H. Exhibit A to Reso No, 24-156 Lead Maintenance Worker III Class Specs 4-23-24 I. Resolution No. 24-157, Community Development Executive Assistant Class Specs 4-23-24
J. Exhibit A to Reso No, 24-157 CD Executive Assistant Class Specs 4-23-24 K. Resolution No. 24-158, Planning Assistant Class Specs 4-23-24 L. Exhibit A to Reso No. 24-158 Planning Assistant Class Specs 4-23-24

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ATTACHMENT A

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RESOLUTION NO. 24-153

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AND ESTABLISHING CLASS SPECIFICATIONS

FOR THE POSITION OF RECEPTIONIST CHANGING THE

TITLE OF THE RECEPTIONIST CLASSIFICATION TO
ADMINISTRATIVE ASSISTANT I – COMMUNITY SERVICES

AND ADOPTING CLASS SPECIFICATIONS
WHEREAS, the City of South El Monte previously approved and adopted class specifications and a salary range for the position of Receptionist; and WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City Manager recommends the title of Receptionist be changed to Administrative Assistant I – Community Services and that updated classifications be adopted; and WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the new position of Administrative Assistant I – Community Services compensation range of $4,773.16 to $5,801.80 per month.

SECTION 2. The South El Monte City Council hereby approves the title change of the Receptionist classification to Administrative Assistant I – Community Services and adopts updated class specifications for the position, a copy of which is attached hereto as Exhibit A. The Administrative Assistant I – Community Services class specification shall supersede and replace the previous Receptionist class specifications effective as of the date of the adoption of this resolution.

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ATTACHMENT A

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PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ______________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment(s): Exhibit A - Class Specs

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. 24-153 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________

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ATTACHMENT A

Page 3 of 3 ends

Donna G. Schwartz, City Clerk

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ATTACHMENT B 3076
01257.0004/969556.1 1
Administrative Assistant I / CS Receptionist

CITY OF SOUTH EL MONTE

ADMINISTRATIVE ASSISTANT I
Bargaining Unit: SEMEA Non-Exempt

DEFINITION
Performs advanced level administrative/clerical activities to assist the Community Services Manager, Community Services Director, and Department in facilitating administrative procedures relating to recreation programming and the management of facility and park reservations.

The Administrative Assistant I shall be committed to the mission, vision and values of the Community Services Department and demonstrate such thorough ethical conduct, community stewardship, individual initiative, and responsive service. The Administrative Assistant I shall demonstrate leadership, management and technical skills through effective communication and collaboration, proper use of team resources, progressive decision-making, personal accountability and responsibility.

DISTINGUISHING CHARACTERISTICS
The Administrative Assistant I classification is distinguished from the Administrative Assistant II classification both in the years of experience required and the breadth of familiarity required of the functions of City office departmental operations, procedures, services, and programs.

Incumbents in the Administrative Assistant I classification, with two (2) years of general clerical experience perform routine, and general administrative support duties with direct public contact.

Incumbents in the Administrative Assistant II classification (or equivalent level classification) with three or more years of general clerical experience, perform more complex and increasingly responsible administrative clerical functions, in support of this, or another assigned City department.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Community Service Manager and Director. Supervision is not exercised by this classification.

ESSENTIAL DUTIES:

Duties may include, but are not limited to the following:
• Receives and fields incoming telephone calls and visitors; responds to inquiries, resolves complaints, and provides information regarding departmental programs, policies, and procedures; refers callers and visitors to appropriate staff as required for specific projects and concerns.
• Provides administrative support duties to and for assigned department functions; responds to requests and prepares mailing of forms, records, and documents. • Monitors and tracks delivery of materials and equipment; makes service calls to copier provider when maintenance is required.
• Maintains calendars, schedules of meetings and department events; organizes and develops meeting materials for approval and signature.

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ATTACHMENT B 3076
01257.0004/969556.1 2
Administrative Assistant I / CS Receptionist
• Develops and updates informational materials available to the public; organizes and develops a variety of lists, documents, and records.
• Registers participants for programming utilizing the Tyler Parks and Recreation Software System; prepares deposits for all programs fees collected. • Prepares purchase orders and processes all department invoices through the Stampli Invoicing Processing Software.
• Maintains bookkeeping records system, keeps a running balance of all Incode ERP Pro 10 transactions, and completes daily deposits to be submitted to the Finance department. • Schedules and implements facility and park reservations, processes paperwork and collections of fees.
• Tracks and monitors office inventory and arranges for purchase of items as necessary. • Assists after hours at scheduled events, registration sign ups, and programs. • Assists in vendor registration and assignment for City special events. • Performs related duties as assigned.

JOB REQUIREMENTS
Knowledge:
• Organizational functions, and key personnel.
• General office practices, procedures, and equipment.
• Telephone techniques and etiquette.
• Interpersonal skills using tact, patience, and courtesy. • Handling and communicating of confidential and secure information. • Establish and maintain effective working relationships with city staff, public groups and other agencies.
• Physical and electronic filing and record-keeping systems and techniques. • Basic Microsoft Office Word, Excel, and Outlook.

Competencies:
• Professional & Technical Expertise – Applying technical subject matter to the job. • Using Technology – Working with electronic hardware and software applications. • Self-Management – Showing personal organization, self-discipline, and dependability. • Bilingual Communication – Speaking, reading, writing in a second language. • Customer Focus – Attending to the needs and expectation of customers. • Handling Conflict – Managing interpersonally strained situations. • Professional Impact – Presenting self as a positive representative of the organization. • Bilingual Facility – Uses a second language with ease and precision. • Cultural Proficiency – Modeling communications and interactions that respect and include all individuals and their languages, abilities, religions, and cultures.

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ATTACHMENT B 3076
01257.0004/969556.1 3
Administrative Assistant I / CS Receptionist

MINIMUM QUALIFICATIONS
Experience:

Two (2) years of administrative support experience involving direct public interaction, preferably in the public sector. Bi-lingual competency in Spanish is preferred, and Mandarin Chinese is a plus.

Education:

High school diploma or equivalent. Associate degree or higher preferred.

Additional Requirements/Information:

A valid California driver's license and the availability of private transportation or the ability to obtain transportation between job sites may be required.

Licenses and Certifications:

Possession of a valid California Class C driver’s license and acceptable driving record at time of appointment and throughout employment in this position.

PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:
• Sitting for long periods of time and the use of a computer keyboard and screen. • Vision (which may be corrected) to read small print.
• Mobility to stand, kneel, bend, crouch, and twist.
• Ability to reach, grasp, lift, carry, push, pull and drag objects of up to 25 pounds.

Working Conditions:
• Work is performed in an office environment.
• Significant public interaction including face-to-face and telephone contact.

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ATTACHMENT C

Page 1 of 2 ends

RESOLUTION NO. 24-154

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING THE NEW POSITION OF COMMUNITY

SERVICES ANALYST AND ADOPTING CLASS

SPECIFICATIONS AND COMPENSATION RANGE FOR THE

POSITION
WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, pursuant to SEMMC section 2.64.040, the City Manager recommends creating the position of Community Services Analyst; and WHEREAS, the City Manager recommends the creation of the classification with associated compensation range and adoption of the job specifications; and WHEREAS, the position of Community Services Analyst is a new position; and WHEREAS, the creation of the new position is in the best interest of the City of South El Monte (“City”) and advances the City’s goal to maximize administrative efficiency; and WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the new classification, job specification, salary range and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the new position of Community Services Analyst with a compensation range of $5,968.96 to $7,255.32 per month and adopts class specifications, a copy of which is attached hereto as Exhibit A.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution.

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ATTACHMENT C

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ______________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment(s): Exhibit A – Class Specs

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. 24-154 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT E
01257.0004/943325.1 Page 1 of 4
FLSA: NON-EXEMPT

COMMUNITY SERVICES ANALYST

DEFINITION
Under general direction from the Department Head, performs a variety of professional analyses, surveys, and studies involving administrative, financial, personnel, and statistical data; performs administrative and analytical functions in support of City programs and services; coordinates public and news media relations; marketing promotional efforts including writing and editing marketing and informational materials; assist with coordinating departmental social media; edits departmental publications; and performs related work as required. This classification is assigned to work in the City’s Community Services Department.

SUPERVISION RECEIVED AND EXERCISED
The Community Services Analyst provides professional support to a Department Head and/or Manager and is a generalist classification that works with minimal supervision and may provide direction and supervision over assigned support staff.

CLASS CHARACTERISTICS
The Community Services Analyst is a professional classification which performs difficult analytical assignments, conducts complex studies, and is assigned professional level projects to research, analyze, and make appropriate recommendations to decision-making authorities such as the Community Services Director and/or Manager, which also includes the Deputy City Manager and City Manager.

To perform the full range of complex, responsible, and varied professional, advanced-level analytical duties and responsibilities in support of a City department, division, and/or program area; to assume responsibility for the management and administration of significant City programs, projects, functions, and/or service area; to provide sound, professional recommendations for action and significant assistance in policy, procedure, work methods, and budget development and implementation for the area of assignment; and to coordinate assigned activities with other divisions, outside agencies, and the general public.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Plans, organizes, and conducts administrative or management surveys and analyses; researches and collects required information as part of staff reports and correspondence. ➢ Coordinates and promotes City programs and services, depending upon departmental assignment; acts as liaison with other agencies and other departments. ➢ Reviews, evaluates, and updates forms, policies, procedures, and manuals.

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01257.0004/943325.1
Community Services Analyst

Page 2 of 4 ends

➢ Provides general administrative and management-level support in performing analyses of policies, procedures and programs, and preparing data used in agenda reports, surveys, and studies; conducts budget analyses of specific programs and services. ➢ Provides assistance with annual budget preparation; budgetary monitoring and control; revenue and expenditure forecasting and research; prepare equipment and personnel justifications.
➢ Designs and prepares informational materials and literature for Recreation and Senior Services.
➢ Research contract service and supply needs; develop and negotiate contract terms; monitor contract compliance; mediate user/provider complaints; conduct on-site inspections to determine need or compliance; provide information to the public on contracts available loan or grant programs.
➢ May serve as a team member on projects, or assist other analysts, or may independently complete a segment of a more complex study.
➢ Monitor and oversee the Parks & Recreation Online Registration Software. ➢ Coordinates public and news media relations; marketing promotional efforts including writing and editing marketing and informational materials. ➢ Assist with coordinating departmental social media; assists with setting and implementing departmental internal and external communications strategy; edit departmental publications.
➢ Update and maintain City’s website with the assistance of every Department Head. ➢ Assigned to work in a Community Center and Senior Center as needed. ➢ Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Applicable Federal, State, and Local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned areas of responsibility. ➢ Principles, practices, and methods of administrative, economic, and organizational analysis. ➢ Financial, statistical, and comparative analysis methods. ➢ Principles and practices of budget development and control in municipal setting. ➢ Business letter writing and the standard format for reports and correspondence. ➢ Modern office practices, methods, and computer equipment and applications related to the work, department, and assignment being performed.
➢ English usage, grammar, spelling, vocabulary, and punctuation. ➢ Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations, and the public.
➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
➢ Principles and practices of sound business communications.

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01257.0004/943325.1
Community Services Analyst

Page 3 of 4 ends

Ability to:
➢ Recommend and implement goals, objectives, and practices for providing effective and efficient services to both internal and external customers. ➢ Analyze administrative and operational problems, evaluate alternatives, reach sound conclusions, and make appropriate recommendations.
➢ Participate in the preparation of department budget, including gathering and analyzing data related to expenditures and projected charges and monitoring budget expenditures and revenues.
➢ Evaluate and develop improvements in operations, procedures, policies, or methods. ➢ Maintain confidentiality and exercise good judgment and discretion in the handling and processing confidential information and data.
➢ Interpret, apply, explain, and ensure compliance with applicable Federal, State, and Local laws, rules, regulations, policies, and procedures.
➢ Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
➢ Compose correspondence and reports independently with minimal instructions. ➢ Research, analyze, and summarize data and prepare accurate and logical written reports. ➢ Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. ➢ Operate office equipment and computer applications related to the work. ➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Administer and participate in surveys; draft and present study findings and conclusions. ➢ Establish and maintain effective working relationships with applicants, staff, management, vendors, consultants, brokers, the City Attorney, the general public, and others encountered in the course of the work.
➢ Organize and prioritize tasks to meet deadlines.
➢ Operate a personal computer for and use word processing, spreadsheets, graphics and other applications software.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
➢ Perform related duties as required.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Bachelor’s degree or equivalent in business administration, public administration, or a closely related field is required. At least two (2) years of increasingly responsible professional experience in administrative, management, personnel, and analytical functions.

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01257.0004/943325.1
Community Services Analyst

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Licenses and Certifications:

Possession of, or ability to obtain, a valid California Driver’s License by time of appointment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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ATTACHMENT F

Page 1 of 2 ends

RESOLUTION NO. 24-155

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AND ESTABLISHING CLASS SPECIFICATIONS
FOR THE POSITION OF LEAD MAINTENANCE WORKER –

BUILDING & LANDSCAPE CLASS SPECIFICATION

CHANGING THE TITLE OF THE LEAD MAINTENANCE
WORKER – BUILDING & LANDSCAPE CLASSIFICATION TO

MAINTENANCE WORKER II (SPECIALIST) AND ADOPTING

UPDATED CLASS SPECIFICATIONS AND COMPENSATION
WHEREAS, the City of South El Monte previously approved and adopted class specifications and a salary range for the position of Lead Maintenance Worker – Building & Landscape; and
WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City Manager recommends the title of Lead Maintenance Worker – Building & Landscape be changed to Maintenance Worker II (Specialist) and that updated classifications and compensation be adopted; and
WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the updated compensation range from $ 5,291.62 to $6,432.00 to $4,434.91 to $5,390.66 per month.

SECTION 2. The South El Monte City Council hereby approves the title change of the Lead Maintenance Worker – Building & Landscape classification to Maintenance Worker II (Specialist) and adopts updated class specifications for the position, a copy of which is attached hereto as Exhibit A. The Maintenance Worker II (Specialist) class specification shall supersede and replace the previous Lead Maintenance Worker – Building & Landscape class specifications effective as of the date of the adoption of this resolution.

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

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ATTACHMENT F

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ______________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment(s): Exhibit A – Class Specs

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. 24-155 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT G 3068
01257.0004/969543.1 1
Maintenance Worker II

CITY OF SOUTH EL MONTE

MAINTENANCE WORKER II (SPECIALIST)
Bargaining Unit: SEMEA Non-Exempt

DEFINITION
Under direction from the Public Works Maintenance Supervisor, performs a wide variety of skilled and semi-skilled tasks related to the maintenance and repair of City buildings and facilities, parks, grounds, open spaces, streets, sidewalks, sewers, and storm facilities; operates trucks and heavy equipment; utilizes a variety of hand and power tools and equipment; performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Public Works Maintenance Supervisor. Supervision is not exercised by this classification.

ESSENTIAL DUTIES:

Duties include but are not limited to the following:
• Inspects assigned City area for safety issues and possible future work projects, and appropriately marks areas that need to be repaired; responds to emergency situations as required.
• Operates and maintains specialized vehicles and a variety of light, medium, and heavy equipment related to the construction, maintenance, and repair of parks and grounds, streets, or facilities.
• Operates a variety of hand and power tools and equipment related to work assignments as instructed; observes safe work methods and makes appropriate use of related safety equipment.
• Repairs and maintains public facilities, shop and garage areas, storage sites, and other work areas in a clean and orderly condition, including securing equipment upon completion of workday.
• Monitors City premises for graffiti and vandalism; utilizes appropriate chemicals and highpressure equipment to remove graffiti. • Installs street barricades and cones and controls traffic around work sites, street closures, and special events to ensure safe conditions for the general public and City staff. • Maintains accurate logs and records of work performed and materials and equipment utilized.
• Mentors, coaches, and passes along trades knowledge and safety tips to less experienced Maintenance I workers.
• Estimates quantities needed and recommended selection of materials, replacements, etc. for respective areas.

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ATTACHMENT G 3068
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Maintenance Worker II
• Ensures staff compliance with City and mandated safety rules, regulations, and protocols.
• Performs other duties as assigned.

WHEN ASSIGNED TO:

Building Maintenance Division (Electrician, Framer/Drywall) • Installs, repairs, broken pipes, cleaning clogged drains, diagnoses, repairs, and maintains valves, fittings, and other plumbing fixtures; repairs and builds furniture. • Ensures proper physical appearance of park facilities, playground equipment, benches, lights, athletic fields, and ball courts; constructs or repairs walls, platforms, and ramps; installs doors; prepares various surfaces for paint, varnish, shellac, enamel, or other protective finishes.
• Performs custodial services at City facilities; cleans floors, restrooms, and removes trash sweeps, mops, scrubs, strips, polishes, waxes floor and cleans rugs and carpets; • Organizes and stocks restrooms; washes walls, windows, mirrors, blinds and/or replaces windows; empties and cleans waste receptacles.
• Cleans and repairs pool facilities, including utilizing chemicals to treat water; makes adjustments and repairs to pool and auxiliary equipment.

Electrician
• Executes plans of electrical wiring for well-functioning lighting, intercom, and other electrical systems.
• Installs electrical apparatus, fixtures and equipment for alarm and other systems. • Installs safety and distribution components such as: switches, resistors, circuit-breaker panels etc.)
• Connects wiring in electrical circuits and networks ensuring compatibility of components. • Prepares and assembles conduits and connect wiring through them. • Prevents breakdown of systems by routinely inspecting and replacing old wiring and insulated cables, cleaning circuits etc.
• Performs effective troubleshooting to identify hazards or malfunctions and repair or substitute damaged units.

Framing Carpenter/Drywall
• Reads blueprints, drawings, and sketches to fully grasp requirements. • Takes measurements and calculates the size and amount of material needed.

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ATTACHMENT G 3068
01257.0004/969543.1 3
Maintenance Worker II
• Cuts, shapes and smooths lumber and other material (e.g., fiberglass) according to measurements.
• Builds window frames, doors, staircases, and frame buildings by using raw materials or pre-constructed items.
• Lays out flooring, roofing or drywall ensuring they are leveled and compatible. • Carves and assembles furniture, cabinets, shelves, and other items and install them where designated.
• Inspects places and conduct repairs or maintenance.

Landscape Division
• Maintains City parks, open spaces and other City areas, mows, edges, weeds lawns, and other landscaped areas.
• Plants trees, stakes, and re-stakes trees; prunes, or trims hedges, trees, flowers, and shrubs; performs minor tree surgery work.
• Operates stump grinder, chipper, blowers, edgers, hedge trimmers, clippers, sprayers, and other equipment, repairs.

Irrigation Plumbing
• Installs, and maintains irrigation systems backflow devices, piping, and sprinkler heads. • Evaluates in-ground irrigation systems, irrigation controllers. • Repairs and replaces sprinkler heads, fittings, valves, water lines and breaks in irrigation control wiring.
• Repairs leaks in irrigation systems involving galvanized, copper, or PVC pipe up to fourteen inches in diameter.
• Installs main and lateral line irrigation pipe, valves, and sprinkler heads. • Installs backflow devices.
• Digs and backfills trenches to desired depth by using trencher and hand tools. • Lays and connects irrigation control wires from valves to controllers. • Tests irrigation system.
• Ensures that plants, shrubs, and turf are receiving appropriate irrigation coverage. • Sets and adjusts water distribution in parks and medians. • Reads and reviews blueprints and estimates the time, cost, and materials necessary for irrigation projects.
• May assist in the design off irrigation systems.
• Recommends irrigation design changes to improve irrigation system efficiency and reduce water-waste.

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ATTACHMENT G 3068
01257.0004/969543.1 4
Maintenance Worker II
• Assists in walk-through inspections of new irrigation systems; review water usage records to evaluate water use and determine conservation procedures. • Trains staff in irrigation system repair and maintenance. • Performs other duties as assigned.

Tree Trimmer
• Plants, transplants, or removes trees of all sizes.
• Uses rigging to climb and trims trees safely.
• Trims trees close to power lines.
• Cuts the trees, limbs, and extra excessive branches.
• Operates and uses chainsaw and other tools to safely cut down limbs. • Performs pruning activities.
• Trims and reshapes treetops and canopies.
• Operates and uses shredding and chipping equipment.
• Inspects trees in order to determine if they are diseased or declining. • Cleans and sharpens tools require for tree trimming purposes. • Performs preventive and regular maintenance on tool and equipment. • Collects debris from tree trimmings and properly dispose of it. • Loads debris and refuse onto awaiting trucks.
• Performs brush chipping and stump grinding activities. • Informs supervisors of declining trees.
• Performs other duties as assigned.

Street Division
Cement Finisher
• Installs, Placing forms at the correct dimensions to regulation. • Preps subgrade at correct compaction.
• Installs fixtures such as: Anchor bolts, rebar, plates. • Pours, spreads, levels, smooths cement, and monitors curing. • Repair curbs, gutters, driveways, storm drains, decks, and sidewalks.

Road Maintenance
• Reads blueprints, drawings, and sketches to fully grasp requirements. • Understands and sets up traffic control for different scenarios. • Paints various street/pavement marking surfaces.

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ATTACHMENT G 3068
01257.0004/969543.1 5
Maintenance Worker II
• Marks out various traffic lanes and legends up to code. • Operates and maintains paint striping equipment.
• Lays up to 4 tons of hot asphalt to Greenbook specification. • Shovels, screeds, and compacts AC material.
• Crack seals AC.
• Operates pickup and dump trucks, tractors, street sweepers, and other heavy maintenance equipment.

JOB REQUIREMENTS:

Knowledge of:

Building Maintenance:
• Materials, tools, and methods used in general building repair and maintenance. • Mechanical and electrical components.
• Paints and painting techniques; plumbing supplies and techniques. • Basic carpentry.
• Locksmithing, heating and air conditioning maintenance. • Custodial supplies and techniques.

Landscaping Division:
• Equipment, materials and methods used in planting and maintaining a variety of plants; plant growing conditions.
• Tree trimming and removal; aerial lift operations; turf irrigation systems.

Streets Division:
• Tools, equipment, materials, and safe methods of street maintenance work including cement and asphalt repair.
• Masonry, curb marking, street striping, and street sweeping.

Competencies:
• Teamwork – Collaborating with others to achieve share goals. • Developing Others – Supporting others in stretching and expanding their capabilities. • Informing – Proactively obtaining and sharing information. • Integrity and Ethics – May understand rules and ethical guidelines. • Safety Focus – May establish and evaluate workplace safety and health policies, procedures, and priorities.
• Using Technology – Working with electronic hardware and software applications. • Continuous Learning – Being responsible for developing one’s career and competencies. • Reading Comprehension – Understanding and using written information. • Oral Communication – May organize thoughts on the fly. • Attention to detail – Focusing on the details of work content, work steps, and final work products.
• Environmental Exposure Tolerance – Performing under physically demanding conditions • Physical Ability – Using strength, endurance, flexibility, balance, and coordination.

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ATTACHMENT G 3068
01257.0004/969543.1 6
Maintenance Worker II

MINIMUM QUALIFICATIONS
Experience:

Three (3) years of experience in maintenance, construction, or building trades, preferably performing duties in landscaping and streets maintenance, painting, plumbing, heating, ventilation, and air conditioning, carpentry, and electrical trades.

Education:

High School Diploma or equivalent.

Licenses and Certificates:

Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record is required. Trades certifications preferred and encouraged.

Additional Requirements:

Responds to emergency calls from the public and other agencies taking appropriate action such as placing barricades and other related emergency actions. Able to temporarily fill in as Lead when Lead is out sick or on vacation.

PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:
• Perform physically demanding work.
• Required to talk and hear.
• Required to pull, push, stand, walk, sit, stoop, crouch, bend, crawl, climb, balance, and reach with both hands and arms.
• Frequently required to use hands to finger, handle, feel or operate objects, tools, or controls.
• Frequently lift and/or move up to 50 pounds and occasionally lift and/or move more than 100 pounds with assistance.
• Vision abilities to utilize close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

Working Conditions:
• Regularly works near moving mechanical parts and in outside weather conditions including temperature extremes, inclement weather, and poor air quality. • Occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and is subject to vibration.
• Noise level in the work environment is occasionally loud.

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ATTACHMENT H

Page 1 of 2 ends

RESOLUTION NO. 24-156

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AND ESTABLISHING CLASS SPECIFICATIONS

FOR THE POSITION OF LEAD MAINTENANCE WORKER

CHANGING THE TITLE OF THE LEAD MAINTENANCE

WORKER CLASSIFICATION TO LEAD MAINTENANCE

WORKER III AND ADOPTING UPDATED CLASS

SPECIFICATIONS AND COMPENSATION
WHEREAS, the City of South El Monte previously approved and adopted class specifications and a salary range for the position of Lead Maintenance Worker; and WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City Manager recommends the title of Lead Maintenance Worker be changed to Lead Maintenance Worker III and that updated classifications and compensation be adopted; and
WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the updated compensation range from $5,291.62 to $6,432.00 $5,556.18 to $6,753.58 per month.

SECTION 2. The South El Monte City Council hereby approves the title change of the Lead Maintenance Worker classification to Lead Maintenance Worker III and adopts updated class specifications for the position, a copy of which is attached hereto as Exhibit A. The Lead Maintenance Worker III class specification shall supersede and replace the previous Lead Maintenance Worker class specifications effective as of the date of the adoption of this resolution.

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

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ATTACHMENT H

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ______________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment(s): Exhibit A – Class Specs

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. 24-156 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT I 3065
01257.0004/969551.1 1
Maintenance Worker III (Lead)

CITY OF SOUTH EL MONTE

MAINTENANCE WORKER III (LEAD)
Bargaining Unit: SEMEA Non-Exempt

DEFINITION
Under direction from the Public Works Maintenance Supervisor, performs lead functions in the repair and maintenance of the City of South El Monte facilities, buildings, grounds, parks, urban forestry, landscape, streets, and equipment and operating systems. Provides work direction, structured on the job training and general operational guidance to maintenance staff and assigned employees; performs skilled tasks related to upkeep of City landscape, parks, grounds, and open spaces; This role involves leading and performing a variety of manual and complex work related to streets, water, sewer, storm drains, and operating various maintenance equipment. Performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Public Works Maintenance Supervisor. This position provides work direction to Maintenance Aides, Maintenance Worker I and Maintenance II (Specialist).

ESSENTIAL DUTIES:

Duties may include, but are not limited to the following:
• Provides lead work direction overseeing maintenance and repair projects and assigned maintenance staff; maintains buildings, streets, parks, medians, and public property. • Leads assist staff on routines and projects.
• Assists Public Works Maintenance Supervisor in the planning of maintenance projects and work schedules within the division.
• Provides supervisor with project updates and employee matters • Assists and trains staff towards maintenance and completion of assigned projects; inspects quality and timeliness of completed projects.
• Prepares staff performance evaluations with Supervisor review and implementation. • Confers with Supervisor and recommends implementing progressive discipline as needed.
• Performs related duties as assigned.

WHEN ASSIGNED TO:

Building Maintenance Division:
• Oversees, monitors, installs, repairs, retrofits and maintains electrical wiring and equipment; replaces ballasts, fluorescent tubes, and bulbs; performs plumbing by repairing broken pipes, cleaning clogged drains, diagnoses, repairs, and maintains valves, fittings, and other plumbing fixtures; repairs and builds furniture.

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ATTACHMENT I 3065
01257.0004/969551.1 2
Maintenance Worker III (Lead)
• Arranges inspections of and maintains park facilities, playground equipment, benches, lights, athletic fields, and ball courts.
• Constructs or repairs walls, platforms, and ramps; installs doors; prepares various surfaces for paint, varnish, shellac, enamel, or other protective finishes. • Provides oversight and custodial services for facilities, cleans floors, restrooms, and removes trash sweeps, mops, scrubs, strips, polishes, waxes floor and cleans rugs and carpets; cleans and stocks restrooms; washes walls, windows, mirrors, blinds and/or replaces windows; empties and cleans waste receptacles. • Monitors and manages pool facilities maintenance and repairs, such as, using chemicals to treat water; makes adjustments and repairs to pool and auxiliary equipment.

Landscape Division
• Performs lead work in the maintenance of City parks, open spaces and other areas; oversees and mows, edges, weeds lawns, and other landscaped areas; plants trees, stakes, and re-stakes trees; prunes, or trims hedges, trees, flowers, and shrubs; performs minor tree surgery work.
• Assists maintenance teams and operates stump grinder, chipper, blowers, edgers, hedge trimmers, clippers, sprayers, and other equipment; repairs, installs, and maintains irrigation systems backflow devices, piping and sprinkler heads.

Street Division
• Oversees, monitors, organizes, and installs forms, pours, and finishes concrete to repair curbs, gutters, driveways, storm drains, and sidewalks; lays asphalt and cleans streets of debris performs street repairs and patching.
• Oversees and operates pickup and dump trucks, tractors, street sweepers, and other heavy maintenance equipment.

JOB REQUIREMENTS
Knowledge:
• Equipment, materials, and methods used in planting and maintaining a variety of plants. • Aerial lift operations e.g., light fixtures, street banners and holiday fixtures. • Pre and post emergent herbicide.
• Herbicide and pesticides use and application techniques. • Urban and municipal tree maintenance.
• Turf and landscape.
• Concrete and asphalt structures.
• Traffic control and safety for repair purposes.
• Lead oversight principles.
• Applicable safety procedures and practices.
• Safety usage of required power tools, hand tools and various equipment.

Competencies:
• Organizational Savvy – Gets things done through formal channels and informal networks. • Critical thinking – May grasp all the elements of a problem and their interrelationships. • Teamwork – Collaborating with others to achieve share goals.

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ATTACHMENT I 3065
01257.0004/969551.1 3
Maintenance Worker III (Lead)
• Handling Conflict – Managing interpersonally strained situations. • Leadership – Creates a positive work environment in which all are motivated to do their best.
• Developing Others – Supporting others in stretching and expanding their capabilities. • Informing – Proactively obtaining and sharing information. • Integrity and Ethics – May understand rules and ethical guidelines. • Safety Focus – May establish and evaluate workplace safety and health policies, procedures, and priorities.
• Using Technology – Working with electronic hardware and software applications. • Continuous Learning – Being responsible for developing one’s career and competencies. • Reading Comprehension – Understanding and using written information. • Oral Communication – May organize thoughts on the fly. • Attention to detail – Focusing on the details of work content, work steps, and final work products.
• Environmental Exposure Tolerance – Performing under physically demanding conditions. • Physical Ability – Using strength, endurance, flexibility, balance, and coordination.

MINIMUM QUALIFICATIONS
Experience:

Five (5) years of increasing responsible experience in facilities, street, and landscape maintenance.

Education:

High School diploma or equivalent.

Licenses and Certificates:

Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record is required. Trade certifications are preferred and encouraged.

PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:
• Perform physically demanding work.
• Required to talk and hear.
• Required to pull, push, stand, walk, sit, stoop, crouch, bend, crawl, climb, balance, and reach with both hands and arms.
• Frequently required to use hands to finger, handle, feel or operate objects, tools, or controls.
• Frequently lift and/or move up to 50 pounds and occasionally lift and/or move more than 100 pounds with assistance.
• Vision abilities to distinguish close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

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ATTACHMENT I 3065
01257.0004/969551.1 4
Maintenance Worker III (Lead)
Working Conditions:
• Regularly works near moving mechanical parts and in outside weather conditions including temperature extremes, inclement weather, and poor air quality. • Occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and is subject to vibration.
• Noise level in the work environment is occasionally loud.

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ATTACHMENT J

Page 1 of 2 ends

RESOLUTION NO. 24-157

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AND ESTABLISHING SPECIFICATIONS FOR

THE POSITION OF EXECUTIVE ASSISTANT CHANGING

THE TITLE OF THE EXECUTIVE ASSISTANT

CLASSIFICATION TO COMMUNITY DEVELOPMENT

EXECUTIVE ASSISTANT AND ADOPTING UPDATED CLASS

SPECIFICATIONS AND COMPENSATION
WHEREAS, the City of South El Monte previously approved and adopted class specifications and a salary range for the position of Executive Assistant; and WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City Manager recommends the title of Executive Assistant be changed to Community Development Executive Assistant and that updated classifications and compensation be adopted; and
WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the updated compensation range from $5,304 to $6,447 to $5,463to $6,640per month.

SECTION 2. The South El Monte City Council hereby approves the title change of the Executive Assistant classification to Community Development Executive Assistant and adopts updated class specifications for the position, a copy of which is attached hereto as Exhibit A. The Community Development Executive Assistant class specification shall supersede and replace the previous Executive Assistant class specifications effective as of the date of the adoption of this resolution.

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

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ATTACHMENT J

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd day of April 2024. ______________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment(s): Exhibit A – Class Specs

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. 24-157 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT K 3062
01257.0004/969520.1 1
Executive Assistant

CITY OF SOUTH EL MONTE

COMMUNITY DEVELOPMENT EXECUTIVE ASSISTANT
Bargaining Unit: SEMEA (Confidential)

DEFINITION
Under direction from the Director of Community Development, performs a variety of confidential, complex and responsible administrative support duties; prepares a variety of reports, records and materials; responds to questions and requests for information; performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Director of Community Development and other City administrators. Supervision is not exercised by this classification.

ESSENTIAL DUTIES:

Duties may include, but are not limited to, the following:
• Receives and screens incoming telephone calls; responds to inquiries, resolves complaints and provides information regarding departmental programs, policies and procedures; refers callers and visitors to appropriate staff, as appropriate for specific projects and concerns.
• Initiates and prepares communications; types and proofreads a variety of documents including staff reports, letters, memoranda and forms from scratch, rough draft, or verbal instruction, including documents of a confidential or sensitive nature; reviews documents for completeness, accuracy, grammar, spelling, punctuation, tone, readability, formatting and compliance with policies and procedures.
• Maintains calendars, schedules meetings, conference calls and conferences; utilizes organization skills to schedule and set-up a variety of meetings and presentations; ordering and serving food, greets attendees, provides audio/visual/filming and recording equipment, and meeting handouts; makes travel arrangements. • Monitors and keeps the Director of Community Development and administrators informed of pending issues, project due dates, upcoming meetings, scheduled events and sensitive matters affecting the department.
• Receives, screens, and prioritizes communications and materials submitted for review, approval and signature.
• Attends Planning Commission meetings as required; assembles and prepares agenda packets; takes notes and transcribes minutes; disseminates information to interested parties; prepares and posts meeting notices; uploads agendas and other reports to the City website, assists with ensuring Planning Commission/Staff are in compliance with the Brown Act.
• Assists with the preparation of contract documents and consultant service agreements; proofreads documents and maintains files; monitors project budget and contract requirements.
• Researches, retrieves and compiles information from files, databases and external

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ATTACHMENT K 3062
01257.0004/969520.1 2
Executive Assistant
sources to prepare reports, presentations and correspondence pertaining to departmental operations and activities.
• Maintains, organizes and updates administrative files, records and databases; serves as custodian of departmental records, prepares files for archival storage and retrieves archived files as necessary.
• Receives and reviews mail and correspondence sent to department; responds to inquiries or routes to staff as appropriate.
• Maintains and updates Departmental website.
• Monitors departmental supply inventory and purchases supplies as necessary. • Assists and makes departmental budget preparation and administration; monitors expenses against the approved budget; prepares worksheets and summaries of budget data.
• Maintains and monitors database of invoices and expenditures; prepares check requests and invoices for payment; prepares expense reports; manages purchase orders. • Establishes and implements departmental office practices, forms and procedures. • Executes department specific projects.
• Performs other duties as assigned.

JOB REQUIREMENTS
Knowledge:
• Modern office practices.
• Research and information gathering techniques.
• Basic office mathematics.
• Project management.
• Interpret city and state laws as they apply.
• Establishment and maintenance of files and information systems. • Principles and procedures of Public Administration.
• Confidential file development, maintenance and dispersal. • Assess information and use good judgement to ascertain when data or requests are of high priority.

Competencies:
• Professional & Technical Expertise – Applying technical subject matter to the job. • Critical Thinking and Problem Solving – Analytically and logically evaluating information, issues, and problems.
• Reading Comprehension – Understanding and using written information. • Using Technology – Working with electronic hardware and software applications. • Action & Results Focus – Initiating tasks and focusing on accomplishment. • Adaptability – Responding positively to change and modifying behavior as the situation requires.
• Attention to Detail – Focusing on the details of work content, work steps, and final work products.
• Innovation – Imagining and devising new and better ways of doing things. • Self-Management – Showing personal organization, self-discipline, and dependability.

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ATTACHMENT K 3062
01257.0004/969520.1 3
Executive Assistant
• Informing – Proactively obtaining and sharing information. • Listening – Fully comprehending spoken communication. • Oral Communication – Engaging effectively in dialogue. • Writing – Communicating effectively in writing.
• Customer Focus – Attending to the needs and expectation of customers. • Professional Impact – Presenting self as a positive representative of the organization. • Teamwork – Collaborating with others to achieve shared goals. • Political & Organizational Knowledge – Working skillfully with politics, procedures, and protocols across organizational levels and boundaries.

MINIMUM QUALIFICATIONS
Experience:

Three (3) years of experience involving administrative responsibilities of a sensitive nature, record keeping, general clerical operations, or office management and interaction with the public and confidentially.

Education:

Associates degree or two (2) years college course work in business may be substituted for one (1) year experience.

PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:
• Regularly required to use hands to finger, grasp, feel, use repetitive motions to operate office equipment.
• Frequently required to sit, talk, and hear.
• Occasionally required to stand, walk, stoop, kneel, crouch or reach, and to lift up to 25 pounds.
• Vision abilities required to perform office machine operations.

Working Conditions:
• Sedentary, office work.
• Noise level consistent with work in an office setting.

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ATTACHMENT L

Page 1 of 2 ends

RESOLUTION NO. 24-158

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING THE NEW POSITION OF PLANNING

ASSISTANT AND ADOPTING CLASS SPECIFICATIONS AND

COMPENSATION RANGE FOR THE POSITION
WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) section 2.64.040 the City Manager is responsible for the preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, pursuant to SEMMC section 2.64.040, the City Manager recommends creating the position of Planning Assistant; and
WHEREAS, the City Manager recommends the creation of the classification with the associated compensation range and adoption of the job specifications; and WHEREAS, the position of Planning Assistant is a new position; and WHEREAS, the creation of the new position is in the best interest of the City of South El Monte (“City”) and advances the City’s goal to maximize administrative efficiency; and WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the new classification, job specification, salary range and any other substantial changes.

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

SECTION 1. The South El Monte City Council hereby approves the new position of Planning Assistant with a compensation range of $4,773.16 to $5,801.80 per month and adopts class specifications, a copy of which is attached hereto as Exhibit A.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution.

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ATTACHMENT L

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd 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. 24-158 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 23rd day of April 2024 and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

____________________________
Donna G. Schwartz, City Clerk

Page 557 of 662 ends

ATTACHMENT M
01257.0004/943330.1

CITY OF SOUTH EL MONTE

PLANNING ASSISTANT
Bargaining Unit: SEMEA Non-Exempt

DEFINITION
Under direction from the Planning Manager, performs technical activities and entry-level planning tasks to conduct special projects and research; prepares reports and makes recommendations regarding land use applications; provides support in the implementation of the City’s General Plan and municipal codes applicable to planning activities; analyzes data with respect to relevant laws, ordinances, regulations, and policies; performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is provided by the Planning Manager. Supervision is not exercised by this classification.

ESSENTIAL DUTIES:

Duties may include, but are not limited to the following:
• Reviews and examines land use project documents; prepares staff reports providing recommendations to Planning Commission, reviewing land use applications utilizing the development review entitlement process; develops and drafts resolutions and conditions of approval and environmental determinations for land use projects.
• Informs and explains planning preparation processes, procedures and practices on land use project applications and entitlements; Provides counter assistance and responds to questions from residents and developers; answers phone calls and email inquiries. • Evaluates commercial, industrial, mixed-use, and residential development plans for issuance of zoning clearance and compliance with related regulations; examines building plans, parcel maps, and subdivision proposals for compliance with appropriate regulations and the California Subdivision Map Act.
• Prepares, maintains, interprets, and amends address maps; creates, edits, and updates City maps through Geographic Information System (GIS).
• Conducts planning projects, including area and topographical calculations, scaling, data collection, and conducts field inspections; participates in project coordination meetings with developers on design of potential projects.
• Coordinates the development review of planning projects with internal and external departments and agencies.
• Report development and record management utilizing permitting software application. • Performs related duties as assigned.

JOB REQUIREMENTS
Knowledge:
• Planning principles and practices, laws, ordinances, rules, and regulations • Implementation of zoning and other municipal ordinances • Application of land use, land development, physical design, economic, environmental and/or social concepts to the planning process

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ATTACHMENT M
01257.0004/943330.1
• Terminology, symbols, methods, techniques
• Instruments used in planning and map drafting
• General working knowledge of Geographic Information System (GIS) Competencies:
• Professional/Technical Expertise – Mastery of the technical subject matter of the job • Gathering and analyzing data – Fact finding, analyzing, and interpreting quantitative and qualitative data • Critical thinking - Shows insight into the root-causes of problems or issues. • Continuous learning – Develops knowledge, skills, and abilities that are presently needed in their job. • Integrity and ethics – Take responsibility for their actions. • Action and result focus – Gets things done well and efficiently. • Presentation skill – Delivers clear, organized, and persuasive messages. • Involving others – Identifies key stakeholders in the success of a project or process. • Influencing – Persists tactfully in promoting a position, adjusting style to fit the situation. • Customer focus – Explores options and pursues solutions until customers are satisfied. • Teamwork – Understands one’s role on the team and does whatever is needed to make the team a success. • Project management – Ensures clear definition of project goal and criteria for success. • Leveraging technology – Stays current on new developments and trends in technology. • Attention to detail – Shows high level of care and thoroughness in handling the details of the job.

MINIMUM QUALIFICATIONS
Experience:

One (1) year of municipal planning experience.

Education:

Bachelor's degree from an accredited college or university in urban planning or a closely related field. A Master’s degree in a related field may substitute for one (1) year of experience.

Licenses and Certificates
Requires possession of or ability to obtain an appropriate California driver's license and a satisfactory driving record.

PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands:
• Regularly required to use hands to finger, grasp, feel, use repetitive motions to operate office equipment. • Frequently required to sit, talk and hear.
• Occasionally required to stand, walk, stoop, kneel, crouch or reach, and to lift up to 25 pounds. • Vision abilities required to perform office machine operations.

Working Conditions:
• Sedentary, office work.
• Noise level consistent of an office setting.

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

DATE: April 23, 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.
24-159, AWARDING A CONTRACT SERVICES AGREEMENT
(CSA) TO KIMLEY-HORN AND ASSOCIATES, INC. FOR

DESIGN SERVICES FOR SOUTH EL MONTE SYSTEMIC

SAFETY IMPROVEMENTS AT SIGNALIZED
INTERSECTIONS (HSIP CYCLE 11 PROJECT)
SUMMARY: Staff seeks City Council approval to award a contract services agreement to Kimley-Horn and Associates, Inc. for design services for South El Monte Systemic Safety Improvements at Signalized Intersections (HSIP Cycle 11 Project).

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-159, awarding a CSA to Kimley-Horn and Associates, Inc. for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections Project in the amount of $67,571.88; and

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

FISCAL/FINANCIAL IMPACT: The City received approval of funds in the amount of $637,020 from Caltrans through the HSIP program for this project. These funds will cover the design and construction of the proposed improvements. As part of HSIP program requirements, the City will provide $70,780 (10%) through Measure R Local Match funds to meet the local match requirement on the project. The funds from Caltrans works on reimbursement basis, and staff will coordinate such reimbursement throughout the project. Upon final contract award, staff will advise the City Council of the proposed notto-exceed contract amount and confirm funding availability. The following is the project’s anticipated cost for the design phase:

Professional Services (Kimley-Horn and
Associates)
$67,571.88
Total $67,571.88

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Below is the design phase funding breakdown:

HSIP Cycle 11 $60,814.69
Measure R Local Funds (Required Local Match) $6,757.19
Total $67,571.88
DISCUSSION: The proposed safety improvements include installation of raised pavement markers, striping, pedestrian crosswalks and traffic signal adjustments (implementation of leading pedestrian interval (LPI)) at various signalized intersections.

The improvement locations are shown on Attachment E – Project Locations Map.

The primary objective of the requested professional services (design engineering services) is to have the selected engineering consultant provide a complete PS&E (plans, specifications and estimates) package approved by all involved jurisdictional and regulatory agencies that will be ready for construction bidding for the improvements outlined in the RFP.

On March 12, 2024, the City Council authorized staff to issue a RFP for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections (HSIP Cycle 11 Project). On March 13, 2024, the City issued a RFP for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections (HSIP Cycle 11 Project) with a proposal due date of April 10, 2024. Four (4) firms submitted proposals:

Kimley-Horn and Associates; Michael Baker, Minagar & Associates, and West & Associates. The proposals were evaluated based on the established criteria identified in the RFP including compliance with the RFP requirements, proposal quality, project understanding, approach, methodology including responsiveness and flexibility, experience of assigned staff, similar project experience, schedule efficiency, and references.

Staff reviewed the proposals and determined that the proposal from Kimley-Horn and Associates, Inc. (Kimley-Horn) was the most qualified pursuant to the City's purchasing policy. Kimley-Horn’s proposal was the most comprehensive and demonstrated the best understanding of the requested services. Kimley-Horn included several HSIP projects as relevant experience. Furthermore, Kimley-Horn’s proposed project manager and proposed team (including a specialized subconsultant) demonstrated relevant HSIP project experience.

Staff recommends that the City Council approve a contract services agreement with Kimley-Horn and Associates, Inc., as the most qualified consultant, to provide Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections (HSIP Cycle 11 Project) Project for a total amount of $67,571.88 and authorize the City Manager to execute the agreement.

ATTACHMENT(S):

A. Resolution No. 24-159, Kimley Horn
B. Technical Proposal
C. Fee Proposal
D. Project Locations Map

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ATTACHMENT A

Page 1 of 2 ends

RESOLUTION NO. 24-159

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING PROFESSIONAL SERVICE AGREEMENT TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN

SERVICES FOR SOUTH EL MONTE SYSTEMIC SAFETY

IMPROVEMENTS AT SIGNALIZED INTERSECTIONS
WHEREAS, on March 12, 2024, the City Council authorized staff to issue a Request for Proposals (RFP) for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections Project; and
WHEREAS, on March 13, 2024, the City issued a Request for Proposal (RFP) for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections Project with a proposal due date of April 10, 2024 and received four (4) proposals; and WHEREAS, the City staff evaluated the proposals and determined that Kimley-Horn and Associates, Inc. submitted the most qualified and comprehensive proposal to provide the subject services for the project;

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: Upon reviewing the proposals submitted for Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections Project, the City Council hereby finds that Kimley-Horn and Associates, Inc. has submitted the most qualified proposal, in the amount of $67,571.88.

SECTION 3: The City Council hereby authorizes the City Manager to take all actions necessary to effectuate and execute a professional service agreement with Kimley-Horn and Associates, Inc. in the amount of $67,571.88, subject to the approval as to form by the City Attorney.

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

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ATTACHMENT A

Page 2 of 2 ends

PASSED, APPROVED AND ADOPTED this 23rd 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, hereby certifies that the foregoing Resolution No. 24-159, was adopted by the South El Monte City Council at a duly noticed council meeting held on April 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

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Proposal to Provide Design Services for

SOUTH EL MONTE SYSTEMIC

SAFETY IMPROVEMENTS AT

SIGNALIZED INTERSECTIONS
(HSIP CYCLE 11 PROJECT, HSIPL-5352(025))
Prepared for:

City of
South
El Monte
Prepared by:

ATTACHMENT B

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Proposal to Provide Design Services for

SOUTH EL MONTE SYSTEMIC SAFETY IMPROVEMENTS AT SIGNALIZED INTERSECTIONS (HSIP CYCLE 11 PROJECT, HSIPL-5352(025))
»660 South Figueroa Street
Suite 2050
Los Angeles, CA
90017
TEL 213.261.4040
City of South El Monte  TRTO96004.2024  1

COVER LETTER
April 10, 2024
John Poehler
Director of Public Works
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
RE: Proposal to Provide Design Services for South El Monte Systemic Safety Improvements at Signalized Intersections (HSIP Cycle 11 Project – HSIPL-5352(025))
Dear Mr. Poehler and Members of the Selection Committee:

The City of South El Monte (City) seeks to implement traffic signal improvements at 21 intersections citywide in an effort to increase the safety of drivers and pedestrians who travel along the corridors. To successfully deliver the Project, the City will be best served by a consultant that already knows the Project, has a history of working on relevant and similar projects, and offers a comprehensive and tightly-knit team.

Kimley-Horn is that consultant, and we have reviewed and understand all elements of this Request for Proposal (RFP). We offer the following benefits on which you can capitalize:

Pre-Existing Knowledge. Kimley-Horn is intimately familiar with the Project due to our work in preparing the Local Roadway Safety Plan (LRSP) for the City, which included the Project’s 12 intersections on Atlantic Boulevard between East 52nd Street to Randolph Avenue and on Slauson Avenue between Alamo Avenue to Atlantic Boulevard. We are already well versed in what the City envisions for the traffic signal improvements at each intersection. In addition, through our analyses and studies for the LRSP, we are already familiar with the City’s expectations and standards, which means there will be no learning curve. With Kimley-Horn, you can expect us to hit the ground running on the Project, saving you precious time.

The Right All-Around Experience. Designing signal hardware, pedestrian countdown signal heads, leading pedestrian intervals, vehicle detection cameras, battery backup systems, controller upgrades, ladder crosswalks, and signal phasing comes as second nature to Kimley-Horn, as we have performed these services on similar projects for municipalities across the Southern California region. Furthermore, many of these projects received HSIP funding; we understand that being familiar with the coordination of the approval process is the key to timely completion of the Project. Such projects include the Traffic Signal Improvements at Various Signalized Intersections for the City of South El Monte, Various Signalized Intersections Along Garfield Avenue for the City of Monterey Park, and the Paramount Boulevard Traffic Signal Upgrade and Fiber-Optic Communication System for the City of Downey, among many others. With Kimley-Horn, you can trust that the Project is in the right hands.

A Tailor-Made Team for You. I, Jean Fares, P.E., will lead our team on the Project and will be responsible for the services listed in the scope of services. I bring over 30 years of experience in the transportation engineering field, and I have worked closely with numerous local municipalities on various traffic signal modification projects. I will be backed by a skilled team of engineers, planners, and analysts with experience in traffic signal plans, traffic signal timing, bidding/ construction support, and more. We have supplemented our in-house team with Avant-Garde, Inc. to provide funding administration services. This team regularly works together on similar HSIP projects, allowing us to collaborate with the City efficiently and effectively in completing the Project. With Kimley-Horn, you can expect nothing less than the Project’s resounding success.

Kimley-Horn is confident that there is no other consultant who will match our qualifications and the benefits we offer to the City, and our team is looking forward to working on the Project.

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