Agenda packet — South El Monte City Council, May 28, 2024 (part 1 of 3)

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

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
May 28, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

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

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

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

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

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

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

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

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

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

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

AGENDA BEGINS ON THE FOLLOWING PAGE

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

2. PLEDGE OF ALLEGIANCE
Councilmember Rudy Bojorquez

3. INVOCATION
Mayor Gloria Olmos

4. PRESENTATIONS

4.a. Presentation of Certificates of Recognition to South El Monte High School Students who are Recipients of the 2024 El Monte/South El Monte Chamber of Commerce State of the City Scholarships

4.b. Proclamation Proclaiming the Month of May 2024 as Asian Americans and Pacific Islanders Heritage Month

4.c. Sheriff's Department Report for the Month of April 2024

4.d. Code Enforcement and Public Safety Department Report for the Month of April 2024

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

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

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

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

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

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CONSENT CALENDAR (CONTINUED)

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF MAY 14, 2024

Staff is requesting approval of Minutes for the May 14, 2024, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the May 14, 2024, Regular City Council Meeting.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-167, APPROVING WARRANTS FOR THE PERIOD OF MAY 15, 2024,
THROUGH MAY 28, 2024

Authorizing payment of City expenditures for the period of May 15, 2024, through May 28, 2024, totaling $1,814,368.03.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-167, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION 24-173,

APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH

RIO HONDO COMMUNITY COLLEGE DISTRICT FOR FREE-HIGH

QUALITY EDUCATIONAL PROGRAMS AT THE SENIOR CENTER

The Memorandum of Understanding ("MOU") between the City of South El Monte ("City") and the Rio Hondo Community College District ("Rio Hondo") will provide free-high quality educational programs at the Senior Center from July 1, 2024, to June 30, 2029.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-173, approving the proposed MOU between the City and Rio Hondo; and

2. Authorize the City Manager to execute the agreement.

7.d. – 7.f. next page.

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CONSENT CALENDAR (CONTINUED)

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION 24-174,
APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH ECOLANE
USA, INC. FOR DEMAND RESPONSIVE SCHEDULING AND

DISPATCHING SOFTWARE SYSTEM

The City of South El Monte Transportation Division provides transportation for the elderly population, people with disabilities, and youth participants.

The City has contracted Ecolane USA, Inc. ("Ecolane") to provide a demand responsive scheduling and dispatching software system aimed to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. Amendment No.1 will renew and extend the contract service agreement for two (2) additional one (1) year terms.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-174, approving Amendment No. 1 renewing and extending the current agreement between the City and Ecolane for two (2) additional one (1) year terms; and

2. Authorize City Manager or designee to execute agreement.

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-175,

AUTHORIZING AKITOI LEARNING CENTER, LLC, TO INSTALL A NEW

PLAYGROUND STRUCTURE AT THE MINI CENTER

The City of South El Monte has leased the Mini Center building, located at 1824 Central Avenue, to Akitoi Learning Center, LLC, (Akitoi) since 2011.

The Director of Akitoi is requesting approval to install a new playground structure at the Mini Center.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-175, authorizing the installation of a new playground structure at the Mini Center.

7.f. REVIEW OF 4TH OF JULY FIREWORKS STAND PERMIT

APPLICATIONS

Pursuant to Section 8.08.050 of the South El Monte Municipal Code, the City Council has the authority to grant up to eight fireworks stand permits per year to qualified organizations. Pursuant to 8.08.040, the City Administrator is required to investigate and report to the Council recommending for or against issuance of the requested permits.

RECOMMENDED ACTION: Staff recommends City Council receive and file the report and grant permits to allow for four (4) firework stands and for which applications have been received in conjunction with the Fourth of July 2024. The Planning Division has reviewed the applications and find that they comply with Chapter 8.08 of the South El Monte Municipal Code.

7.g. and 7.h. next page

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CONSENT CALENDAR (CONTINUED)

7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-176,

APPROVING A SITE-HOST AGREEMENT WITH ELECTRIC VEHICLE

CHARGING SOLUTIONS (EVCS) TO INSTALL ELECTRIC CHARGING

STATIONS FOR PUBLIC USE

Staff seeks City Council approval to enter into a site host agreement with Electric Vehicle Charging Solutions (EVCS) for the installation of electric vehicle charging infrastructure and systems in the Community Center's rear parking lot.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-176, approving a Site-Host Agreement with Electric Vehicle Charging Solutions for the installation of electric vehicle chargers for public use; and

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

7.h. CONSIDERATION AND APPROVAL TO REJECT THE SOLE BID

RECEIVED FOR SANITARY SEWER CLOSED-CIRCUIT TELEVISION
(CCTV) AND CONDITION ASSESSMENT AND ASSIGN THE SEWER
CONDITION ASSESSMENT TO THE CITY’S ENGINEERING DIVISION

FOR FURTHER EVALUATION

The City received only one proposal for the Sanitary Sewer Closed-Circuit Television (CCTV) and Condition Assessment. Staff recommends rejecting the received proposal and assigning the sewer condition assessment to the City’s Engineering Division for further analysis.

RECOMMENDED ACTION: Staff recommends City Council reject the single proposal received and allow the City’s Engineering Division to conduct a further assessment of the City’s sewer condition. This assessment will involve utilizing past studies conducted by the City, along with county data, to gain a better understanding of the sewer's current condition.

7.i. and 7.j. next page

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CONSENT CALENDAR (CONTINUED)

7.i. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-177, APPROVING SUBAWARD AGREEMENT NUMBER ENP242509 WITH

COUNTY OF LOS ANGELES AGING AND DISABILITY DEPARTMENT

AND THE CITY OF SOUTH EL MONTE FOR ELDERLY NUTRITION

PROGRAM SERVICES

The agreement, Subward number ENP 242509 by and between the County of Los Angeles Aging and Disability Department ("County") and the City of South El Monte ("City") for Elderly Nutrition Programs ("Agreement") will provide funding for the City's Elderly Nutrition Program Services from July 1, 2024 to June 30, 2025 with the option to extend for three (3) additional one (1) year terms.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-177, approving agreement Subward Number ENP 242509 by and between the County of Los Angeles Aging and Disability Department and the City of South El Monte for Elderly Nutrition Program Services from July 1, 2024, to June 30, 2025; and

2. Authorize City Manager or designee to execute agreement.

7.j. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-178,

ACCEPTING THE CURB ADDRESS NUMBER PAINTING SERVICES

PROJECT AS COMPLETE AND AUTHORIZING THE CITY CLERK TO

FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES

COUNTY RECORDER

On February 14, 2024, the City released a Request for Proposals (RFP) for Curb Address Number Painting Services for the consultant to provide curb number painting services to paint residential and business curb number addresses throughout the City. The final cost of the service completed by Care For The Children is $53,350.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-178, accepting the completion of the Curb Address Number Painting Services;

2. Authorize City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office; and

3. Release retention accordingly.

7.k. next page.

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CONSENT CALENDAR (CONTINUED)

7.k. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-181, REPEALING RESOLUTION 24-165 AND APPROVING FUNDING

AMOUNTS FROM AVAILABLE FUNDING GRANTS, AND APPROVING

AN AMENDED AND RESTATED AGREEMENT WITH COUNCIL FOR

WATERSHED HEALTH FOR THE MERCED AVENUE GREENWAY

PHASE II DESIGN PROJECT

While the City council approved this item at the May 14th City Council meeting. The funding sources need to be revised to reflect the Council's intent that was submitted at the May 14th Council meeting.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-181, approving an amended and restated agreement with Council for Watershed Health (CWH) with a maximum contract sum of $1,508,202. Phase I has been completed pursuant to the original contract and funded by Prop 1 grant funds. The resolution addresses the cost and funding associated with Phase II, the Merced Avenue Greenway North Construction Documents; 2) shall not impose a 10% retention requirement; and 3) extend performance period to 2 years from effective date of contract; and

2. Authorize City Manager or designee to negotiate and execute the amended and restated agreement, approved as to form by the City Attorney.

End of Consent Calendar.

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8. PUBLIC HEARINGS

8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-179,

APPROVING ACCEPTANCE OF FUNDS FROM THE LOS ANGELES

COUNTY DEVELOPMENT AUTHORITY (LACDA) AND ALLOCATION

OF FUNDS TO THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM

The California Department of Housing and Community Development (HCD) requires entitlement jurisdictions to use their allocation of Permanent Local Housing Allocation (PLHA) Grant Program for eligible housing related projects and programs to assist in addressing the unmet housing needs of our community, in addition to assisting persons who are experiencing homelessness. The City was allocated $135,125.00 for Year 4 by a formula grant by the Los Angeles County Development Authority (LACDA).

RECOMMENDED ACTION: Staff recommends City Council:

1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;

2. Adopt Resolution No. 24-179, approving the 2022-23 allocation of Community Development Block Grant-Permanent Local Housing Allocation (CDBG-PLHA) Program Year 4 funds, as outlined; and

3. Authorize City Manager or designee to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications for CDBG projects with the Los Angeles County Development Authority (LACDA).

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

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9. GENERAL BUSINESS

9.a. ADOPT RESOLUTION NO. 24-180, APPROVING THE PLACEMENT OF

COMMEMORATIVE DEDICATION PLAQUES AT THE SOUTH EL

MONTE SENIOR CENTER AND COMMUNITY CENTER

Staff is requesting the City Council's approval for the placement of commemorative dedication plaques at the South El Monte Senior Center and Community Center.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-180, Approving the Placement of Commemorative Dedication Plaques at the Senior and Community Centers;

2. Approve the removal of all existing plaques installed at the South El Monte Senior Center and Community Center; and

3. Approve the placement of two commemorative dedication plaques with one installed at the South El Monte Senior Center and the second one installed at the Community Center.

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

11. CORRESPONDENCE

11.a. LETTER FROM EPIPHANY CATHOLIC SCHOOL REQUESTING A

FACILITY FEE WAIVER FOR THE USE OF THE SENIOR CENTER TO

HOST AN ALUMNI MIXER

The Epiphany Catholic School (Epiphany) is requesting a facility fee waiver for the use of the Senior Center dining room to host their annual Alumni Mixer on Saturday, June 1, 2024, from 12:00 p.m. to 8:00 p.m. In addition, Epiphany is requesting the City Council to waive all the associated fees incurred for the reservation.

RECOMMENDED ACTION: Staff recommends City Council:

1. Discuss and consider the facility fee waiver request by Epiphany in the amount of $950.00; and

2. Discuss and consider waiving all the associated rental fees for the reservation in the amount of $1,488.00

11.b. next page

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CORRESPONDENCE (CONTINUED)

11.b. LETTER FROM EPIPHANY CHURCH REQUESTING TO WAIVE ALL

FEES RELATED TO STAFF TIME AND TEMPORARY USE PERMIT TO
HOLD A PROCESSION ALONG CITY STREETS ON SUNDAY, JUNE 2, 2024

The City received a letter from Dr. Humberto Ramos requesting fee waivers and city staff support to hold a procession on city streets.

RECOMMENDED ACTION: Staff recommends City Council consider the request made by Epiphany church to waive all city fees to hold a procession along city streets.

12. COUNCILMEMBERS’ AGENDA - None

13. CLOSED SESSION

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

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

14. RECESS COUNCIL MEETING

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

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

Successor Agency Meeting next page.

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SUCCESSOR AGENCY MEETING

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

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

18. PUBLIC COMMENTS
Speakers may provide public comments on any matter within the subject matter jurisdiction of the Board, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Board objects, the Chair may provide speakers more or less time to speak. All comments or queries shall be addressed to the Board as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the Board shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

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

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR APRIL 23, 2024

Staff is requesting approval of the Minutes of the April 23, 2024, Successor Agency Meeting.

RECOMMENDED ACTION: Staff is requesting approval of the Minutes of the April 23, 2024, Successor Agency Meeting.

20. EXECUTIVE DIRECTOR'S AGENDA - None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING
In memory of Alejandro "Alex" Armenta, prior City Manager for the City of South El Monte to a regular meeting on Tuesday, June 11, 2024, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 23rd day of May 2024.

City Clerk, CMC

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Presentation of Certificates of Recognition to South El Monte High School Students who are Recipients of the 2024 El
Monte/South El Monte Chamber of Commerce State of the City Scholarships
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gloria Olmos, Mayor
SUBJECT: Proclamation Proclaiming the Month of May 2024 as Asian Americans and Pacific Islanders Heritage Month
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Proclamation - Asian Americans and Pacific Islanders Heritage Month

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Sheriff's Department Report for the Month of April 2024 SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. SoElMo_apr24

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South El Monte
April 2024
Crime Statistics

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South El Monte
Part I Crime Statistics – April 2020-2024
South El Monte 1 yr % change 4 yr % change
Homicide 0% NC
Rape -60% -67%
Aggravated Assault -33% 34%
Robbery 14% -14%
Burglary -27% 86%
Theft 3% 37%
Grand Theft Auto -30% 6%
Arson 200% 50%
Total -16% 36%
South El Monte 1 yr % change 4 yr % change
Homicide -100% NC
Rape -100% -100%
Aggravated Assault -27% -30%
Robbery -25% -18%
Burglary -43% -42%
Theft -16% 5%
Grand Theft Auto -25% 20%
Arson -50% -50%
Total -27% -14% Page 18 of 394
South El Monte
Part I Crime Statistics – April 2020-2024

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South El Monte
Part I Crime Statistics – Monthly Breakdown 2024
& Arrests
2023 515
2022 645
Arrests
2024 337
2023 331
South El Monte
Res Burg 5
Other Burg 42
Petty Theft 26
Grand Theft 49
Theft from Vehicle 27
South El Monte January February March April May June July August September October November December Total Homicide 0 0
Rape 0 0
Aggravated Assault 5 5
Robbery 5 5
Burglary 13 13
Theft 24 24
Grand Theft Auto 6 6
Arson 0 0
Total 53 0 0 0 0 0 0 0 0 0 0 0 53
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0
Rape 0 0 0
Aggravated Assault 4 5 9
Robbery 5 2 7
Burglary 14 6 20
Theft 24 25 49
Grand Theft Auto 6 11 17
Arson 0 0 0
Total 53 49 0 0 0 0 0 0 0 0 0 0 102
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 0
Rape 0 0 0 0
Aggravated Assault 4 5 4 13
Robbery 5 2 1 8
Burglary 14 6 8 28
Theft 24 25 30 79
Grand Theft Auto 6 11 7 24
Arson 0 0 0 0
Total 53 49 50 0 0 0 0 0 0 0 0 0 152
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 0 0
Rape 0 0 0 0 0
Aggravated Assault 4 5 4 3 16
Robbery 5 2 1 1 9
Burglary 14 6 8 19 47
Theft 24 25 32 21 102
Grand Theft Auto 6 11 7 12 36
Arson 0 0 0 1 1
Total 53 49 52 57 0 0 0 0 0 0 0 0 211

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: Code Enforcement and Public Safety Department Report for the Month of April 2024
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Code Enforcement_Public Safety Report - April 2024 Recap

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City of South El Monte
Public Safety Report
April 2024 Recap
Joe Martinez
Code Enforcement / Public Safety
Supervisor

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Code Enforcement Cases
April - 112
Building Code.………………………………. 4
Health & Safety……………………………. 2
Parking Citations…………………………. 2
Cannabis……………………………………..3
Homeless .………………………………….. 9
Property Maintenance.……………….. 54
Streets/Public Places……………………. 9
Illegal Dumping/Bulk………………….. 2
Vehicle/Traffic….………………………….. 11
Business……………………………………... 8
Zoning…………………………………………. 5
Street Vendors……………………………. 3

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Parking Citations
April – 734 * Number of Citations issued differs from number of violations listed 15 14
11 1
2 8
106
11 42
4 27
27 192
4 2
22 0 50 100 150 200 250
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

OVERWEIGHT RESTRICTED

FIRE LANE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18" FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS

MARK STALLS
80" WIDTH OR 6,000 LBS PARKED ON R-ZONE

HANDICAP/DISABLED ZONE
* APRIL VIOLATIONS
(0)
(292)
0 50
100
150
200
250
Night Day - Residential
STREET SWEEPING –
Night 292
Day -
Residential

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Parking Citations
April Continued -
13 4
2 2
15 3
31 2
4 2
10 0 5 10 15 20 25 30 35
TIME (2)HR PARKING

FOR SALE

ON CROSSWALK

YELLOW/GREEN/WHITE

NO PARKING- OPPOSITE SIDE OF STREET

BLOCKING ACCESS RAMP

EXPIRED REGISTRATION

ALLEY PARKING

PARKING NEAR SIDEWALK ACCESS RAMPS
225078 DP ADMIN FEE

LICENSE PLATE DISPLAY (FRONT/REAR)
* APRIL VIOLATIONS
Violations

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Deputy City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF MAY 14, 2024
SUMMARY: Staff is requesting approval of Minutes for the May 14, 2024, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the May 14, 2024, Regular City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Mtg Minutes 5-14-24

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Page 1 of 6 ends

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, May 14, 2024 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:02 P.M.

1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Masami Higa, Director of Finance; John Poehler, Director of Public Works; Iyob Tessema, Director of Human Resources & Risk Management, Sabrina Muhne, Deputy City Clerk; Renee Reyes, Community Development Executive Assistant.

STAFF ABSENT: Donna G, Schwartz, City Clerk; Guillermo Arreola, Director of Community Development, and Ariana De La Cruz, Director of Community Services.

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

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

3. INVOCATION – Laura Lozano, Code Enforcement Coordinator, offered the invocation.

4. PRESENTATIONS

4.a. Mayor and City Council presented a proclamation to John Poehler, Director of Public Works, and Public Works staff, Proclaiming the week of May 19- 25, 2024, as National Public Works Week.

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

ORDINANCES
City Attorney Anthony Taylor announced walk-on items received after the posting of the agenda, items to be placed under Consent Calendar as 7.i. “Consideration to Support Flag of Valor Event by Approving the Use of Two Portable Light Towers at No Cost” and 7.j. “Application and Designation of Applicant’s Agent Resolution for the Authorization to the State of California Office of Emergency Management.” Mr. Taylor then announced an update to item 7.g. staff report under Consent Calendar.

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Motion by Councilmember Delgado, seconded by Councilmember Angel to approve the agenda as amended. Motion passed 5-0, by the following vote:

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

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Eduardo Saucedo, resident, commented on the following: revenue, inflation, the CM Measure from two years ago, licenses and proper cannabis businesses coming into the city, sales of legal cannabis in State, Sheriff’s efforts and how El Monte handles cannabis, deficits and balancing books, allocation of citizenapproved sales taxes, history and medicinal use of cannabis, and city funding sources.

2. Jorge Rivera, Co-Founder and Co-Executive Director, Healing and Justice Center, introduced the center as a new business in the City of El Monte, provided an invitation to attend a relationship-building community event on May 30, 2024, and shared personal background information on himself and why the center was formed.

7. CONSENT CALENDAR
Motion by Councilmember Angel, seconded by Mayor Pro Tem Bojorquez to approve the agenda as amended. Motion passed 5-0, by the following vote:

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

7.a. Approved the Minutes for the April 23, 2024, Regular City Council Meeting.

7.b. Adopted Resolution No. 24-160, authorizing payment of City expenditures for the period of April 24, 2024, through May 14, 2024, totaling $1,814,368.03.

7.c. Adopted Resolution No. 24-161, authorizing submittal of the grant application to the Urban and Community Forestry Grant Program and related authorizations; and authorized the City Manager or designee to execute all documents as the signature authority.

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CONSENT CALENDAR (CONTINUED)

7.d. Adopted Resolution No. 24-162, approving plans and specifications and awarding a contract to the lowest responsible bidder, Superior Paving Company, Inc. dba United Paving Co., for the Community Center and Mini Center Parking Lot Improvements Project in an amount of $280,974.00; authorized 15% of the total contract amount as contingency allowance to be used if necessary for unforeseen conditions at the City Manager’s discretion; and authorized the City Manager or designer to execute the contract.

7.e. Adopted Resolution No. 24-163, approving a list of street rehabilitation projects for FY 2024/25 under the Road Repair and Accountability Act of 2017 (SB1).

7.f. Adopted Resolution No. 24-164, to approve fee waiver for U.S. Customs and Border Protection's short-term use of a city softball field. This item is an exception of non-resident use, in order for the City to support the law enforcement community in the best interest of the City.

7.g. Adopted Resolution No. 24-165, approving an amended and restated agreement with Council for Watershed Health (CWH) in the amount of 756,515 to authorize Architecture and Engineering technical services, community engagement and project/grant administration activities to complete Phase II Merced Avenue Greenway North Construction Documents; 2) shall not impose a 10% retention requirement; and 3) extend performance period to 2 years from approval date of contract; authorized City Manager or designee to negotiate and execute the amended and restated agreement, approved as to form by the City Attorney.

7.h. Adopted Resolution No. 24-166, approving agreement to purchase automated license plate reader camera subscription from Flock Safety in the amount of $50,700; and authorize City Manager or designee to negotiate and execute agreement.

7.i. Approved the use of two portable light towers at no cost to support Flag of Valor Event.

7.j. Adopted the Designation of Applicant’s Agent Resolution for Non-State Agencies and designated City Manager Rene Salas as the Governing Board Representative as well as John Poehler, Public Works Director, and Guillermo Arreola, Director of Community Development.

8. PUBLIC HEARINGS – None

9. GENERAL BUSINESS – None

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10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the City of South El Monte’ Staff Development and Team Building Event Groundbreaking of Mye Plaza Mixed Use Development Project located at Garvey and Rosemead, Cinco de Mayo senior luncheon, Mother’s Day senior luncheon, National Day of Prayer Breakfast, Community Bike Ride, South El Monte’s National Little League Annual Comedy Night and Dance Fundraiser, Upper San Gabriel Valley Municipal Water District’s annual WaterFest, City of South El Monte’s Night Market, and also attended funeral services for the late Patriotic Commissioner Rudy Lopez, expressing condolences to both the family’s and the community’s loss of a valuable member.

Mayor Pro Tem Bojorquez announced he attended the following: the City of South El Monte’ Staff Development and Team Building Event, Groundbreaking of Mye Plaza Mixed Use Development Project located at Garvey and Rosemead, National Day of Prayer Breakfast, City of South El Monte’s Night Market, and Mother’s Day senior luncheon.

Councilmember Delgado announced he attended the following: Groundbreaking of Mye Plaza, National Day of Prayer Breakfast, City of South El Monte’s Night Market, Mosquito Vector Control Meeting and expressed importance of being conscious of standing water, City of Montebello’s Top Golf event, funeral services for the late Patriotic Commissioner Rudy Lopez, and sends condolences to the family.

Councilmember Angel announced he attended the following: the City of South El Monte’ Staff Development and Team Building Event, Groundbreaking of Mye Plaza Mixed Use Development Project located at Garvey and Rosemead, Cinco de Mayo senior luncheon, Mother’s Day Luncheon, National Day of Prayer Breakfast, South El Monte’s National Little League Annual Comedy Night and Dance Fundraiser, City of South El Monte’s Night Market, and attended funeral services for the late Patriotic Commissioner Rudy Lopez.

Mayor Olmos announced she attended the following: State of the City recap and discussion of scholarships and graduation banners, met with Healthy South El Monte Council, National Day of Prayer Breakfast, the City of South El Monte’ Staff Development and Team Building Event, Groundbreaking of Mye Plaza Mixed Use Development Project located at Garvey and Rosemead, City of Montebello’s Top Golf event, City of South El Monte Community Disaster Council Meeting, City of South El Monte’s Night Market, Mother’s Day senior luncheon, Cinco de Mayo senior luncheon, Lincoln Training Center Gala for special needs and special education, Principal of the Day at South El Monte High School, Susan Rubio’s Homefront event for veterans, and expressed condolences to the family of the late Patriotic Commissioner Rudy Lopez.

11. CORRESPONDENCE – None

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12. COUNCILMEMBERS’ AGENDA

12.a. COUNCILMEMBER RICHARD ANGEL

1. Request from South El Monte employee for the city to provide/purchase a high school graduation stole with the city logo to represent the city for his South El Monte High School graduation, scheduled for May 2024.

RECOMMENDATION: Discussion and/or action.

Councilmember Angel presented his item.

Councilmember Acosta agreed and suggested to include the Parks and Recreation logo, since the student worked within the Parks and Recreation department.

Motion by Councilmember Angel, seconded by Councilmember Acosta to approve providing/purchasing a high school graduation stole with the city logo and the Parks and Recreation department logo to represent the City at a South El Monte High School graduation, scheduled for May 2024.

Motion passed 5-0, by the following vote:

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

12.b. COUNCILMEMBER HECTOR DELGADO
Discussion of possible Request for Proposal (RFP) for IT services.

RECOMMENDATION: Discussion and/or action.

Councilmember Delgado presented his item.

Councilmember Delgado expressed concerns with current I.T. services Microsoftbased platform, communications, phone call quality, modernization of current platform, the fee payment system updates and data collection, requested the current agreement’s cost, and on-site availability of I.T. staff, and information on the provisions for termination if needed. Masami Higa, Finance Director, and Arsany Soliman, It Manager and Vice Chief Information Officer, Advanced Microcomputing Concepts, Inc. (AMC) addressed Councilmember Delgado’s concerns.

After further discussion regarding Councilmember Delgado’s concerns, he withdrew his item.

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13. CLOSED SESSION
At 6:58 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.

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

LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) - One Case

13.b. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Employees Association

13.c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Executive Management Team Association
At 8:54 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.

Anthony R. Taylor, City Attorney, announced City Council discussed Items 13.a., through 13.c., no reportable action.

14. ADJOURNMENT
There being no further business coming before this body, at 8:55 p.m. Mayor Olmos adjourned the meeting in honor of Eliana Alvarez, resident of South El Monte, and Ernest “Ernie” Omana, South El Monte business owner and resident, to a Regular City Council Meeting on Tuesday, May 28, 2024, at 6:00 p.m. ______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

Page 32 of 394 ends

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-167, APPROVING WARRANTS FOR THE PERIOD OF MAY
15, 2024, THROUGH MAY 28, 2024
SUMMARY: Authorizing payment of City expenditures for the period of May 15, 2024, through May 28, 2024, totaling $1,814,368.03.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 167, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 24-167, Warrants
B. 5.28.24 Warrant Register

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Page 1 of 2 ends

ATTACHMENT A

RESOLUTION NO. 24-167

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MAY 15, 2024, THROUGH MAY 28, 2024,
TOTALING $1,892,542.31.

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

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

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 23/24 Electronic Warrants 05/15/24-05/28/24 DFT0001749-1768 $112,992.41 FY 23/24 Regular Warrants 05/15/24-05/28/24 14262-14349 $1,603,535.39 Payroll Check PPE 05/11/24 1755-1762 $14,903.67
Payroll Direct Deposit PPE 05/11/24 6703-6820 $161,110.84 TOTAL EXPENDITURES RESOLUTION NO. 24-167, $1,892,542.31 PASSED, APPROVED, AND ADOPTED this 28th day of May 2024. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
Attachment: Exhibit A – Expense Report

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Page 2 of 2 ends

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. 24-167, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 28th day of May 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

Page 35 of 394 ends

Vendor Name

BRIANNA BADAR

GLORIA OLMOS

HECTOR DELGADO

MANUEL ACOSTA

NATIONWIDE RETIREMENT SOLUTIONS

RENE SALAS

RICHARD ANGEL

RUDY BOJORQUEZ

STATE OF CA FRANCHISE TAX BOARD

GUILLERMO ARREOLA

CHRIS ALVAREZ

RALPH LARRIVA

CONTAINER ALLIANCE COMPANY

GM BROTHERS

ABSOLUTE SECURITY INTERNATIONAL

AC PROS, INC

ALESHIRE & WYNDER, LLP

AMAZON CAPITAL SERVICES, INC

ANDREW TEMPLE

ANDY TRUONG

ANDY YU

ATTACHMENT B
Amount

01.0000.0000.4554 14281 05/21/2024 5/11/24 MVD COMM RM DAMAGE DEPOSIT RFND 50.00

01.0170.1770.5525 14282 05/21/2024 #13 HOSE REPAIR 1,052.95

01.0000.0000.4250 14283 05/21/2024 PLAN CHECK DUPLICATE PAYMENT REFUND 250.00

01.0150.1530.5406 14280 05/21/2024 OFFICE SUPPLIES & FURNITURE 459.63

01.0120.1210.5406 14280 05/21/2024 OFFICE SUPPLIES RETURN CREDIT (4.39)

01.0120.1210.5406 14280 05/21/2024 RETURNED ITEMS CREDIT (36.37)

01.0150.1530.5430 14280 05/21/2024 TEA PARTY EVENT SUPPLIES 150.41

01.0150.1530.5406 14280 05/21/2024 WALL BOARD SUPPLIES 79.06

06.0300.3010.5430 14280 05/21/2024 NAPKIN-SILVERWARE BANDS/ CI NUTR PRGM 87.96

01.0100.1050.5406 14280 05/21/2024 MOTIVATIONAL WALL ART 66.12

01.0151.1543.5952 14280 05/21/2024 HOSE FOR KRAILS 352.74

01.0100.1050.5406 14280 05/21/2024 PRINTER INK 88.19

01.0150.1540.5431 14280 05/21/2024 PLOTTER INK 1,128.68

01.0150.1540.5406 14280 05/21/2024 HEADSET/ COMM SVCS 88.09

01.0170.1740.5962 14280 05/21/2024 BUILDING SMALL TOOLS 188.90

01.0150.1530.5430 14280 05/21/2024 TEA PARTY DECORATIONS 18.73

01.0100.1050.5406 14280 05/21/2024 OFFICE SUPPLIES 53.27

01.0110.1110.5633 14280 05/21/2024 SHERIFF STICKER SUPPLIES 64.67

01.0160.1640.5520 14280 05/21/2024 POOL SUPPLIES & EQUIPT 341.71

01.0170.1020.5956 14280 05/21/2024 YARD DEPT OFFICE SUPPLIES 63.86

01.0100.1050.5406 14280 05/21/2024 LANYARDS 137.57

01.0170.1020.5956 14280 05/21/2024 SUPPLES/ YARD 40.74

01.0170.1020.5956 14280 05/21/2024 DEPT SUPPLIES/ YARD 25.33

01.0170.1020.5956 14280 05/21/2024 OFFICE SUPPLIES/ YARD 141.72

01.0170.1020.5956 14280 05/21/2024 SHARPIES/ YARD 30.41

01.0100.1030.5215 14279 05/21/2024 APR'24 HOUSING 3,623.40

01.0100.1030.5215 14279 05/21/2024 APR'24 ADDITIONAL SVCS 87.00

02.0170.1760.5540 14280 05/21/2024 TRAFFIC CONTROL HANDBOOKS 1,270.08

01.0100.1030.5215 14279 05/21/2024 APR'24 FINANCE 2,088.00

01.0100.1030.5215 14279 05/21/2024 APR'24 CODE ENFORCEMENT 165.90

01.0100.1030.5215 14279 05/21/2024 APR'24 SUCCESSOR AGENCY 9,512.00

01.0100.1030.5215 14279 05/21/2024 APR'24 PERSONNEL 6,302.60

01.0100.1030.5215 14279 05/21/2024 APR'24 PLANNING 3,789.44

01.0100.1030.5215 14279 05/21/2024 APR'24 P.W ENGINEERING 7,158.20

01.0100.1030.5215 14279 05/21/2024 APR'24 GENERAL 4,620.00

01.0100.1030.5215 14279 05/21/2024 APR'24 SPECIAL PJTS 2,999.40

01.0100.1030.5215 14279 05/21/2024 APR'24 LITIGATION 5,439.40

01.0150.1540.5954 14277 05/21/2024 5/24/24 SECURITY GUARDS/ L. LEAGUE RESERVATION 494.00

17.0900.9020.6025 14278 05/21/2024 HVAC PJT RETENTION 5% (21,485.00)

17.0900.9020.6025 14278 05/21/2024 DOE/HVAC UPGRADE PPE4/30/24 429,700.00

01.0151.1543.5952 14274 05/16/2024 NATIONAL DAY OF PRAYER/ COLOR GUARD 100.00

01.0151.1542.5952 14275 05/20/2024 20' STORAGE CONTAINER 2,103.50

44.0800.8010.5525 14276 05/20/2024 #6 TIRE REPLACEMENT 551.25

01.0000.0000.2270 14271 05/08/2024 A.R GARNISHMENT PPE 4/27/24 8.15

01.0140.1430.5910 14272 05/15/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 280.00

01.0100.1050.5938 14273 05/16/2024 MAR'24 EDUCATION REIMB/ RED HELMET TNG 375.00

01.0100.1010.5910 14269 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 504.00

01.0100.1010.5910 14270 05/08/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 280.00

01.0100.1010.5910 14270 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 504.00

01.0100.1020.5910 14268 05/08/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 224.00

01.0100.1020.5910 14268 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 504.00

01.0100.1010.5910 14269 05/08/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 280.00

01.0100.1010.5910 14265 05/08/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 280.00

01.0000.0000.2230 14266 05/08/2024 PPE 4/27/24 7,140.00

01.0000.0000.2235 14267 05/08/2024 PPE 4/27/24 508.33

01.0100.1010.5910 14264 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 448.00

01.0100.1010.5910 14264 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 280.00

01.0100.1010.5910 14265 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 448.00

01.0100.1050.5938 14262 05/08/2024 EDUCATION REIMB/ SPRING 2024 990.00

01.0100.1010.5910 14263 05/08/2024 MAY'24 PER-DIEM ICSC L. VEGAS/ CONF 280.00

01.0100.1010.5910 14263 05/08/2024 MAY'24 PER DIEM-MINICIPAL SEMINAR/ INDIAN WELLS 504.00 Warrant Register
South El Monte, CA Council Meeting 05/28/24
Account Number Payment Number Payment Date Description (Item)

01.0100.1050.5938 14262 05/08/2024 BOOK FEES/ SPRING 2024 33.69

Page 36 of 394 ends

AUTOZONE

AUTOZONE
BASE HILL, INC.

BEAR ELECTRICAL SOLUTIONS, INC

BSN SPORTS LLC

CAAGLASS INC

CARAHSOFT TECHNOLOGY CORPORATION

CESAR GUZMAN
CITY OF EL MONTE-FINANCE DEPT.

COLD DUCK

DAVID MAI

DRIFTWOOD DAIRY, INC

DRIFTWOOD DAIRY, INC
EL MONTE ORNAMENTAL SUPPLY, INC.

EL MONTE ORNAMENTAL SUPPLY, INC.

EWING IRRIGATION

FLAGTIME USA

GENTRY BROTHERS INC

GERARDO DIAZ

GRANT'S TRUE VALUE HARDWARE

GRANT'S TRUE VALUE HARDWARE
HASA INC.

HASA INC.

HORTENCIA VASQUEZ

HUNTINGTON CULINARY

HYDRAULICS & GASKETS

INDUSTRIAL PIPE & STEEL

INGRID AGUILAR

ISRAEL ALACIO

02.0170.1760.5540 JCL TRAFFIC SERVICES 14308 05/21/2024 ST/MNTC SIGNS /MOUNTS/CONES 871.20

01.0170.1720.5520 14305 05/21/2024 LOCK & CHAIN 18.89

01.0150.1510.5204 14306 05/21/2024 MAY'24 COMM SVCS COMMISSION MTG 100.00

01.0150.1510.5204 14307 05/21/2024 MAY'24 COMM SVCS COMMISSION MTG 100.00

01.0160.1610.5520 14305 05/21/2024 FLAT BAR/ CTTR 10.24

01.0160.1620.5520 14305 05/21/2024 FLAT BAR CUT/PUNCH HOLES SCTR 60.39

01.0160.1620.5520 14305 05/21/2024 FLAT BAR CUT/HOLE PUNCH CHARGE 191.15

01.0160.1610.5520 14305 05/21/2024 METAL SHEET/ GYM 59.74

06.0300.3010.5215 14303 05/21/2024 5/6-5/10/24 MEALS/ CI & CII NUTR PRGM 5,750.00

06.0300.3020.5215 14303 05/21/2024 5/6-5/10/24 MEALS/ CI & CII NUTR PRGM 502.15

01.0170.1770.5525 14304 05/21/2024 PAINT STRIPPER & PRSSURE HOSE 316.42

01.0150.1510.5204 14302 05/21/2024 MAY'24 COMM SVCS COMMISSION MTG 100.00

06.0300.3010.5215 14303 05/21/2024 4/29-5/3/24 MEALS/ CI & CII NUTR PRGM 5,577.50

06.0300.3020.5215 14303 05/21/2024 4/29-5/3/24 MEALS/ CI & CII NUTR PRGM 508.20

01.0160.1640.5425 14301 05/21/2024 5/1/24 CHEMICAL DELIVERY 320.76

01.0160.1640.5425 14301 05/21/2024 5/9/24 CHEMICAL DELIVERY 540.97

01.0160.1640.5425 14301 05/21/2024 5/15/24 CHEMICAL DELIVERY 847.77

01.0160.1640.5425 14301 05/21/2024 4/3/24 CHEMICAL DELIVERY 764.14

01.0160.1640.5520 14301 05/21/2024 POOL PUMP REPAIR & MNTC 2,346.14

01.0160.1640.5520 14301 05/21/2024 POOL SVCS CALL 235.00

01.0151.1543.5952 14300 05/21/2024 TARP & BUNGEE/ NIGHT MARKET 381.69

02.0170.1760.5962 14300 05/21/2024 RED CURB REMOVAL TOOL 42.85

01.0170.1710.5520 14300 05/21/2024 CHALL FOUNTAIN RELIEF CONNECTORS 44.58

01.0160.1620.5520 14300 05/21/2024 REPAIR DRYWALL SUPP/ SCTR 46.17

01.0160.1620.5520 14300 05/21/2024 BENCHES/ SCTR 87.96

01.0170.1760.5540 14300 05/21/2024 ST/RD MNTC 63.93

01.0160.1610.5520 14300 05/21/2024 DRAIN CAP/ CCTR 13.18

01.0151.1543.5952 14300 05/21/2024 BLACK EXT CORD/ NIGHTMARKET 19.79

01.0160.1620.5520 14300 05/21/2024 NUTS & BOLTS/ SCTR 21.07

68.0900.9000.5968 14298 05/21/2024 APR'24 RET/GRWY PJT #407 (12,596.82)

68.0900.9000.5968 14298 05/21/2024 APR'24 CON/GRWY PJT #407 189,112.90

01.0150.1510.5204 14299 05/21/2024 MAY'24 COMM SVCS COMMISSION MTG 100.00

68.0900.9000.5968 14298 05/21/2024 APR'24 CON/GRWY PJT #407 251,936.39

68.0900.9000.5968 14298 05/21/2024 APR'24 CON/GRWY PJT #407 67,465.93

68.0900.9000.5968 14298 05/21/2024 APR'24 CON/GRWY PJT #407 120,000.00

68.0900.9000.5968 14298 05/21/2024 APR'24 RET/GRWY PJT #407 (11,883.27)

68.0900.9000.5968 14298 05/21/2024 APR'24 RET/GRWY PJT #407 (6,000.00)

68.0900.9000.5968 14298 05/21/2024 APR'24 RET/GRWY PJT #407 (3,373.30)

02.0170.1760.5540 14297 05/21/2024 50 NEW USA FLAGS RD/ST 1,318.66

68.0900.9000.5968 14298 05/21/2024 APR'24 CON/GRWY PJT #407 237,665.31

68.0900.9000.5968 14298 05/21/2024 APR'24 RET/GRWY PJT #407 (9,455.65)

01.0160.1620.5520 14295 05/21/2024 RD TUBE 20' BENCHES/ SCTR 30.87

01.0170.1750.5215 14296 05/21/2024 RETURN CREDIT (20.49)

01.0160.1650.5520 14296 05/21/2024 IRRIG PAINT/ NTP 261.02

01.0160.1620.5520 14295 05/21/2024 ROUND TUBING/ SCTR 62.40

01.0170.1770.5525 14295 05/21/2024 GATE REMOTES 170.89

01.0170.1720.5520 14295 05/21/2024 GATE TRACK/ YARD GATE 55.08

06.0300.3020.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 24.73

01.0160.1620.5520 14295 05/21/2024 ROUND TUBING FOR BENCHES/ SCTR 36.38

06.0300.3020.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 30.01

06.0300.3010.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 222.66

06.0300.3010.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 126.16

06.0300.3020.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 14.01

06.0300.3010.5430 14294 05/21/2024 MILK/ CI & CII NUTR PRGM 271.10

02.0170.1760.5966 14291 05/21/2024 APR'24 CNG FUEL 152.07

01.0151.1545.5210 14292 05/21/2024 6/13/24 SUMMER CONCERT BAND PERFORMANCE 1,800.00

01.0150.1510.5204 14293 05/21/2024 MAY'24 COMM SVCS COMMISSION MTG 100.00

01.0170.1770.5525 14288 05/21/2024 REPLACED BROKEN REAR GLASS 376.57

01.0130.1330.5931 14289 05/21/2024 JULY'24-JULY'25 YR 4 RENEWAL 41,453.64

01.0000.0000.4554 14290 05/21/2024 5/5/24 MVD GAZEBO DAMAGE DEPOSIT RFND 50.00

01.0160.1650.5520 14287 05/21/2024 BASKETBALL NETS 80.17

01.0160.1660.5520 14287 05/21/2024 BASKETBALL NETS 80.17

01.0160.1670.5520 14287 05/21/2024 BASKETBALL NETS 80.16

01.0160.1620.5520 14285 05/21/2024 4/19/24 SPECIAL EVENT CLEAN UP 175.00

02.0170.1760.5535 14286 05/21/2024 APR'24 TRAFFIC RESPONSE 7,509.00

02.0170.1760.5535 14286 05/21/2024 APR'24 TRAFFIC ROUTINE 2,225.00

01.0170.1770.5525 14284 05/21/2024 CAR WASH SUPPLIES 50.77

44.0800.8010.5525 14284 05/21/2024 #16 PM SERVICE AIR FILTER 68.08

01.0170.1770.5525 14284 05/21/2024 #25 PM SRVC AIR FILTER & BATTERIES 174.66

Page 37 of 394 ends

JCL TRAFFIC SERVICES

JCL TRAFFIC SERVICES
JOHN L. HUNTER AND ASSOCIATES, INC.

JOHN L. HUNTER AND ASSOCIATES, INC.

LBC LIGHTING

LEO'S UPHOLSTERY SUPPLIES

LEOVARDO MANJARREZ ROMAN
LESLIE'S POOL SUPPLIES INC.

LOS ANGELES COUNTY AGRICULTURAL COMMISSIONER/WEIGHTS & MEASURES

MANDELL MUNICIPAL COUNSELING

MCA DIRECT

MODERN IT, INC

NAPA AUTO PARTS

PACIFIC PRODUCTS AND SERVICES LLC

POST ALARM SYSTEMS

PRINT XPRESSIONS
QUENCH USA, INC.

RAMIRO ROBLEDO BENITEZ

RED DOT UNIFORMS

REGIONAL TAP SERVICE CENTER

ROXANA TADEO

SAKAIDA NURSERY

SAN GABRIEL VALLEY TRIBUNE

SCP DISTRIBUTORS LLC
SECTRAN SECURITY INC.

SIERRA MONROVIA CDJR, LLC

SMITTY'S SIGNWORKS, INC

SOUTHEAST CONSTRUCTION PRODUCTS,INC

SRS AUTOMOTIVE
ST. FRANCIS ELECTRIC, LLC

SUPERIOR WAREHOUSE GROCERS
THE HITCH DEPOT, INC.

THE SAUCE CREATIVE SERVICES CORP.

TRANSTECH ENGINEERING, INC.

ULINE

UNISHIELD

VERNEDA KAPLAN

WEST COAST ARBORISTS, INC

WHITTIER FERTILIZER
WINNER INTERNATIONAL INC.

WINZER
WINZER
WINZER

NATIONWIDE RETIREMENT SOLUTIONS

01.0160.1610.5520 14322 05/21/2024 24' MAY WATER FILTER/CCTR 38.59

01.0170.1760.5545 14346 05/21/2024 GRAFFITI REMOVER 979.21

01.0000.0000.2235 14347 05/21/2024 PPE 5/11/24 508.33

01.0150.1530.5952 14345 05/21/2024 BALLOON/ MOTHERS DAY LUNCHEON 70.56

01.0170.1020.5956 14346 05/21/2024 PPE GLASSES 112.83

01.0170.1760.5545 14346 05/21/2024 GRAFFITI REMOVER 1,370.89

01.0000.0000.4554 14342 05/21/2024 5/12/24 MVD COMM RM DAMAGE DEPOSIT RFND 50.00

01.0170.1750.5215 14343 05/21/2024 4/1-4/15/24 STREET TREE TRIMMING 37,822.00

01.0170.1750.5520 14344 05/21/2024 MULCH/ TRANSPO YARD 251.37

01.0170.1710.5420 14341 05/21/2024 PSO FIRST AID SUPP 176.06

01.0160.1610.5520 14341 05/21/2024 FIRST AID CCTR 271.26

01.0160.1640.5420 14341 05/21/2024 FIRST AID/ POOL 266.97

68.0900.9000.5968 14339 05/21/2024 MAR'24 PROF SVCS/MER GRWY#407 23,311.25

01.0170.1020.5956 14340 05/21/2024 PPE 282.47

01.0170.1710.5520 14341 05/21/2024 FIRST AID/ CHALL 248.33

01.0170.1105.5215 14339 05/21/2024 FEB'24 ENGINEERING SVCS 17,960.00

68.0900.9000.5968 14339 05/21/2024 MAR'24 PROF SVCS/MER GRWY#407 35,680.00

68.0900.9000.5968 14339 05/21/2024 MAR'24 GEO-ADVANTEC/MER GRWY#407 1,441.00

01.0170.1770.5525 14337 05/21/2024 #17 INSTALL TOOLBOX 1,097.76

01.0140.1430.5406 14338 05/21/2024 ICSC'24- CONF MARKETING MATERIALS 1,141.43

01.0170.1105.5215 14339 05/21/2024 JAN'24 ENGINEERING SVCS 20,790.00

44.0800.8010.5525 14334 05/21/2024 2016 DODGE VAN REPAIR 333.54

02.0170.1760.5535 14335 05/21/2024 RUSH & POTRERO REPULL 18,967.22

01.0151.1543.5952 14336 05/21/2024 NATIONAL DAY OF PAYER/ FOOD SUPP 55.81

02.0170.1760.5540 14333 05/21/2024 SAND-ST/MTC EL POCHE 63.72

01.0160.1640.5520 14333 05/21/2024 LIFE GUARD SEELER REMOVER 93.88

01.0160.1620.5520 14333 05/21/2024 ZINC NAILS/ SCTR 54.57

44.0800.8010.5525 14331 05/21/2024 #16 & #26 DRIVERS SIDE VISOR 476.28

01.0151.1541.5430 14332 05/21/2024 ST BANNER 1,485.00

02.0170.1760.5962 14333 05/21/2024 ST/RD MNTC TOOLS 164.22

01.0130.1310.5280 14330 05/21/2024 MAY'24 ARMORED SVCS 206.26

01.0170.1750.5520 14327 05/21/2024 STATE OF THE CITY TREES 280.04

01.0120.1210.5919 14328 05/21/2024 MAY'24 PUBLISH NOTICE/ DELQ TRASH COLLECTION FEE 641.49

01.0160.1640.5425 14329 05/21/2024 NEW POOL COVERS 6,454.30

01.0170.1020.5956 14324 05/21/2024 2024 UNIFORMS NEW HIRE 648.68

44.0800.8010.5982 14325 05/21/2024 APR'24 BUS PASSES 72.64

01.0100.1050.5934 14326 05/21/2024 NOV'23 LIVESCAN SVCS 225.00

01.0170.1720.5520 14320 05/21/2024 JUN'24 ALARM SVCS / YARD 138.60

01.0151.1541.5430 14321 05/21/2024 COMM SVCS/ TABLE COVERS 447.80

01.0000.0000.4554 14323 05/21/2024 5/4/24 MVD GAZEBO DAMAGE DEP RFND 50.00

01.0160.1670.5520 14320 05/21/2024 JUN''24 ALARM SVCS / MVD 103.76

01.0170.1710.5520 14320 05/21/2024 JUN'24 ALARM SVCS / CHALL 133.10

01.0170.1710.5520 14320 05/21/2024 JUN'24 ALARM SVCS / PSO 100.00

01.0160.1630.5520 14320 05/21/2024 JUN'24 ALARM SVCS / MCTR 49.86

01.0160.1640.5520 14320 05/21/2024 JUN'24 ALARM SVCS / POOLS 49.86

01.0160.1650.5520 14320 05/21/2024 JUN'24 ALARM SVCS/NTP 103.76

02.0170.1760.5540 14319 05/21/2024 ST SIGN SUPPLIES 2,241.11

01.0160.1610.5520 14320 05/21/2024 JUN'24 ALARM SVCS / CCTR 49.86

01.0160.1620.5520 14320 05/21/2024 JUN'24 ALARM SVCS / SCTR 49.86

01.0130.1330.5215 14317 05/21/2024 MAY'24 OFFICE 365 4,961.53

01.0170.1770.5525 14318 05/21/2024 #13 RESTORE HEAD LIGHTS 68.79

02.0170.1760.5540 14319 05/21/2024 STREET SIGN PARTS 2,312.77

01.0120.1220.5415 14316 05/21/2024 ELECTION SUPPLIES 452.13

01.0130.1330.5215 14317 05/21/2024 MAY'24 MANAGED SVCS 13,530.00

01.0130.1330.5215 14317 05/21/2024 MAY'24 CLOUD SVCS 750.00

01.0160.1640.5425 14313 05/21/2024 BLACK ALGAE REMOVER 500.35

01.0170.1020.5908 14314 05/21/2024 AG & HEAT ILLNESS TRAINING 470.61

01.0100.1030.5215 14315 05/21/2024 APR'24 LEGAL SVCS 3,993.00

01.0160.1610.5520 14311 05/21/2024 WALL PADDING/ GYM 204.00

01.0160.1640.5520 14311 05/21/2024 POOL COVER GROMMETS 225.00

01.0160.1620.5520 14312 05/21/2024 POWDER COAT FOR BENCHES/ SCTR 100.00

25.0550.5510.5215 14309 05/21/2024 FEB'24 USED OIL RECYCLING 1,231.25

01.0151.1542.5952 14310 05/21/2024 POWER PACK/ NIGHT MARKET 149.58

01.0170.1710.5520 14310 05/21/2024 ADAPTERS / CHALL LIGHTS 21.84

02.0170.1760.5572 14308 05/21/2024 RED CURB PAINT 1,821.61

01.0170.1720.5520 14308 05/21/2024 DELIVERIES SIGN & ARROW 92.55

01.0140.1475.5255 14309 05/21/2024 FEB'24 IW PRGM SVCS 7,153.00

02.0170.1760.5572 14308 05/21/2024 RED CURB PAINT 1,761.24

01.0151.1543.5952 14308 05/21/2024 KRAILS & READER BOARD RENTAL/ NIGHT MKT 1,750.00

Page 38 of 394 ends

NATIONWIDE RETIREMENT SOLUTIONS

STATE OF CA FRANCHISE TAX BOARD

CALPERS RETIREMENT

DEPARTMENT OF THE TREASURY

DEPARTMENT OF THE TREASURY
EMPLOYMENT DEVELOPMENT DEPT.

EMPLOYMENT DEVELOPMENT DEPT.

EXPERT PAY - STATE DISBURSEMENT UNIT

SO CAL GAS

DP TRADING

ELAN FINANCIAL SERVICES

SAN GABRIEL VALLEY WATER

SOUTHERN CALIFORNIA EDISON

WALMART COMMUNITY/GECRB

WALMART COMMUNITY/GECRB
Grand Total 1,716,527.80

01.0150.1540.5431 DFT0001768 05/02/2024 AFTER SCHOOL PRGM SUPPLIES 8.15

01.0150.1540.5431 DFT0001768 05/02/2024 AFTER SCHOOL PRGM SUPPLIES 150.35

01.0150.1540.5431 DFT0001768 05/02/2024 AFTER SCHOOL PRGM SUPPLIES 39.13

02.0170.1760.5725 DFT0001766 05/14/2024 MAR'24 STREET LIGHTS 3,502.28

02.0170.1760.5725 DFT0001767 05/14/2024 3/15-4/15/24 STREET LIGHTS 2,068.76

01.0150.1540.5406 DFT0001768 05/02/2024 DEPARTMENT SUPPLIES 126.76

01.0170.1730.5720 DFT0001763 05/13/2024 3/20-4/22/24 1530 CENTRAL AVE 238.20

01.0170.1730.5720 DFT0001764 05/13/2024 3/20-4/22/24 1450 LIDCOMBE AVE 2,684.19

01.0170.1730.5720 DFT0001765 05/13/2024 3/20-4/22/24 1341 ISLAND/ SANTA ANITA 28.61

01.0170.1730.5720 DFT0001760 05/13/2024 3/20-4/22/24 1819 CENTRAL AVE 291.71

01.0170.1730.5720 DFT0001761 05/13/2024 3/20-4/22/24 1402 LERMA 1,678.80

01.0170.1730.5720 DFT0001762 05/13/2024 3/20-4/22/24 1500 CENTRAL AVE 238.20

01.0170.1730.5720 DFT0001757 05/13/2024 3/20-4/22/24 1415 SANTA ANITA AVE 418.28

01.0170.1730.5720 DFT0001758 05/13/2024 3/20-4/22/24 1556 CENTRAL AVE 254.51

01.0170.1730.5720 DFT0001759 05/13/2024 3/20-4/22/24 1450 LIDCOMBE AVE 333.08

01.0100.1040.5922 DFT0001755 04/30/2024 CITY KEY CHAIN/ STATE OF THE CITY 518.00

01.0130.1330.5715 DFT0001756 05/09/2024 RE-OCCURING PHONE CHARGES 9.99

01.0130.1330.5715 DFT0001756 05/09/2024 RE-OCCURING PHONE CHARGES 55.00

01.0000.0000.2270 DFT0001753 05/03/2024 CASE 200000002135289 780.50

01.0170.1730.5705 DFT0001754 05/07/2024 3/29-4/29/24 1415 SANTA ANITA AVE 236.90

01.0000.0000.2270 DFT0001753 05/03/2024 CASE 0980438 150.00

01.0000.0000.2270 DFT0001753 05/03/2024 CASE 1457313 402.50

01.0000.0000.2030 DFT0001752 05/03/2024 PPE 4/27/24 TNG WTHD'G 29.44

01.0000.0000.2210 DFT0001752 05/03/2024 PPE 4/27/24 STATE WTHD'G 7,228.28

01.0000.0000.2270 DFT0001753 05/03/2024 CASE 200000002163990 359.00

01.0000.0000.2215 DFT0001751 05/03/2024 PPE 4/27/24 MEDICARE 6,958.06

01.0000.0000.2215 DFT0001751 05/03/2024 PPE 4/27/24 FICA 29,751.90

01.0000.0000.2030 DFT0001752 05/03/2024 PPE 4/27/24 UI TAX WTHD'G 588.87

01.0000.0000.2020 DFT0001749 05/02/2024 RATE PLAN 27216 20,642.37

01.0130.1310.5180 DFT0001750 05/02/2024 6/2012-1/2013 ARREARS CONTRIBUTION 1,155.32

01.0000.0000.2205 DFT0001751 05/03/2024 PPE 4/27/24 FEDERAL 20,030.90

01.0000.0000.2270 14349 05/21/2024 A.R GARNISHMENT PPE 5/11/24 8.15

01.0000.0000.2020 DFT0001749 05/02/2024 RATE PLAN 23047 1,990.62

01.0000.0000.2020 DFT0001749 05/02/2024 RATE PLAN 685 10,043.75

01.0000.0000.2230 14348 05/21/2024 PPE 5/11/24 7,165.00

Page 39 of 394 ends

Page 40 of 394 ends

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

DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 24-173,

APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) WITH RIO HONDO COMMUNITY COLLEGE DISTRICT

FOR FREE-HIGH QUALITY EDUCATIONAL PROGRAMS AT

THE SENIOR CENTER
SUMMARY: The Memorandum of Understanding ("MOU") between the City of South El Monte ("City") and the Rio Hondo Community College District ("Rio Hondo") will provide free-high quality educational programs at the Senior Center from July 1, 2024, to June 30, 2029.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-173, approving the proposed MOU between the City and Rio Hondo; and

2. Authorize the City Manager to execute the agreement.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact related to the approval of the MOU between the City and Rio Hondo.

DISCUSSION: The Senior Services Division thrives on providing the most enriching programs for all the aging participants at the Senior Center. In response to requests for additional fitness and art classes, staff explored the opportunity to partner with Rio Hondo to provide free, high-quality, educational programs on City premises to fulfill the program's needs.

Rio Hondo is a community college that offers career-technical programs and community services. With the increasing numbers of new enrollment, the Continuing Education Department at Rio Hondo seeks new opportunities to provide educational, career, and enriching programming to the aging population.

On December 11, 2018, the City Council approved a MOU between the City and Rio

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Hondo that provided free classes in ESL, Yoga, Physical Fitness, and Painting for a term of three (3) years with an additional (3) year extension. After the exhaustion of the extension, the Senior Services Division wishes to reinstate an MOU between Rio Hondo for a term of 5 years that will expire on June 30, 2029.

ATTACHMENT(S):

A. Resolution No. 24-173
B. MOU between the City and Rio Hondo

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Page 1 of 2 ends

ATTACHMENT A
RESOLUTION NO. 24-173

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN THE CITY AND THE RIO HONDO

COMMUNITY COLLEGE DISTRICT
WHEREAS, on December 11, 2018, the City Council approved a MOU between the City and Rio Hondo Community College District (“Rio Hondo”) that provided free classes in ESL, Yoga, Physical Fitness, and Painting for a term of three (3) years with an additional (3) year extension.

WHEREAS, the City Council desires to enter into a new Memorandum of Understanding (“MOU”) between Rio Hondo for Continuing Education Courses in the City’s Senior Center. The MOU will be a (5) five-year term commencing July 1, 2024, through June 30, 2029.

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

SECTION 1. The above recital is true and correct.

SECTION 2. The City Council approves a MOU with Rio Hondo for Continuing Education Courses at the City’s Senior Center. The MOU will be a (5) five-year term commencing July 1, 2024 through June 30, 2029.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the MOU in substantially the form attached as Attachment B to the May 28, 2024, staff report accompanying this Resolution. The Council further directs the City Manager to take all actions necessary to effectuate the MOU.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 28th day of May 2024.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Donna G. Schwartz, City Clerk

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Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-173 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 28th day of May 2024, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

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

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Page 1 of 5 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN

RIO HONDO COMMUNITY COLLEGE DISTRICT
AND

CITY OF SOUTH EL MONTE
FOR

CONTINUING EDUCATION
Rio Hondo Community College District ("DISTRICT") and City of South El Monte (hereinafter "CITY") agree to the following Memorandum of Understanding ("MOU") regarding the operation of continuing education classes on CITY premises.

WHEREAS, the parties to this MOU desire to create a partnership to help adult students continue their journey of lifelong learning by attending continuing education courses (see Exhibit A); WHEREAS, this MOU will outline which partner will be responsible for key task to ensure student success.

WHEREAS, this MOU will set forth each partner's mutual right and will govern their relationship regarding continuing education.

NOW, THEREFORE, CITY and DISTRICT each agree to the following terms in this MOU:

1. ADMISSIONS AND REGISTRATION

1.1 Admissions and registration shall be coordinated by Liaisons in section 4.1.

1.2 Students shall have access to registration for all continuing education courses scheduled, as approved by the CITY and DISTRICT.

1.3 All continuing education courses shall meet the enrollment requirements as set forth by the DISTRICT.

2. COURSES

2.1 DISTRICT courses offered in the CITY shall be of the same quality and rigor as those offered on the DISTRICT campus.

2.2 Courses offered in the CITY shall adhere to the official course outline of record and the student learning outcomes within the DISTRICT.

3. FACULTY

3.1 Continuing Education faculty shall be employed by the DISTRICT.

3.2 The DISTRICT shall be solely responsible for all salaries, wages, and benefits for faculty.

3.3 The DISTRICT shall have the primary right to control and direct the activities of faculty provided to the CITY while providing instruction in continuing education courses.

3.4 If necessary, substitute faculty will be approved by the DISTRICT using the same process and subject to the same conditions described herein.

ATTACHMENT B

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Page 2 of 5 ends

3.5 By signing the MOU, the DISTRICT, it's faculty and staff affirm its duties and responsibilities to the Child Abuse and Neglect Reporting Act. DISTRICT faculty assigned to teach at CITY must comply with California Education Code 87013 and must be free of any sex offense crimes under the California Penal Code definition and California Educational Code 87010 and 87405.

4. LIAISON

4.1 The DISTRICT shall appoint an academic department administrator who will serve as a Liaison to the CITY and who will coordinate all courses in consultation with the CITY.

4.2 The CITY will designate a Liaison to work directly with the DISTRIC'S Liaison to coordinate courses.

4.3 The DISTRICT shall provide assistance to students with enrollment questions and registration.

5. STUDENTS

5.1 Noncredit grading indicators earned by students enrolled in continuing education courses will be posted on official DISTRICT transcripts.

5.2 Students enrolled in continuing education courses will be eligible for student support services, which shall be available to them at the DISTRICT itself.

5.3 Students who withdraw from a continuing education course will not receive any DISTRICT grade(s) or unit credit for work completed.

6. EVALUATION

6.1 The DISTRICT and the CITY may conduct end-of-term student evaluations for each course offered in the CITY in accordance with established guidelines.

6.2 Site visits by representatives of the DISTRICT shall be permitted by the CITY to ensure courses offered in the CITY meet the academic rigor as courses offered on the DISTRICT campus.

7. RECORDS

7.1 Records of student attendance and achievement for all CITY students who enroll in a continuing education course shall be maintained by the CITY and the DISTRICT electronic records systems through the course instructor. (Education Code section 76220).

8. FACILITIES

8.1 CITY agrees to provide facilities suitable for instruction which includes:
a) A computer-controlled projector and screen for electronic presentations and a whiteboard with markers (if needed).
b) Clean, well-lighted and maintained classroom.
c) The classroom will be unlocked and opened prior to class. d) Access to restroom for students and faculty.
e) Emergency contact person on-site.

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Page 3 of 5 ends

9. INDEMNIFICATION

9.1 The CITY agrees to and shall indemnify, save and hold harmless the DISTRICT and its officers, agents, and employees from any and all claims, demands, liabilities, costs, expenses, damages, causes of action, losses, and judgments unless such injury, damage or loss results from or is connected with the sole negligence or error oromission of the DISTRICT, arising out of the performance of or in connection with this AGREEMENT. The obligation to indemnify shall extend to all claims and losses that arise from the negligence of the CITY, its officers and employees.

9.2 The DISTRICT agrees to and shall indemnify, save and hold harmless the CITY and its officers, agents, and employees from any and all claims, demands, liabilities, costs, expenses, damages, causes of action, losses, and judgments unless such injury, damage or loss results from or is connected with the sole negligence or error oromission of the CITY, arising out of the performance of or in connection with this AGREEMENT. The obligation to indemnify shall extend to all claims and losses that arise from the negligence of the DISTRICT, its officers andemployees.

10. NON-DISCRIMINATION

10.1 Neither the CITY nor the DISTRICT shall discriminate on the base of race or ethnicity, gender, gender identity, gender expression, nationality, physical or mental disability, sexual orientation, religion, or any other characteristic that is contained in the definition of hate crimes set forth in the California Penal Code.

11. TERM OF MOU

11.1 The term of this MOU shall be July 1, 2024 through June 30, 2029.

12. TERMINATION OR CHANGES

12.1 This MOU will become null and void at any time by providing 30-days written notice to the other party.

Written notice of termination or changes to this MOU shall be addressed to the proper Liaison listed in item 4.1 above.

12.2 Upon termination of this MOU, the CITY shall develop a DISTRICT approved plan enabling students to complete the course they are enrolled in.

13. NOTICES

13.1 Any and all notices required to be given hereunder shall be deemed given when personally delivered or deposited in the U. S. Mail, to the following addresses:

CITY:

Rene Salas
City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
DISTRICT:

Stephen Kibui
VP, Finance and Business
Rio Hondo Community Co11ege District
3600 Workman Mill Road
Whittier, CA 90606

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Page 4 of 5 ends

14. INTEGRATION

14.1 This MOU sets forth the entire agreement between the Parties relating to the subject matter of this Agreement. All agreements or representations, express or implied, oral or written, of the Parties with. regard to concurrent enrollment are incorporated into this MOU.

15. MODIFICATION AND AMENDMENT

15.1 No modifications or amendments of any of the terms or provisions of this MOU shall be binding unless made in writing and signed by the Parties.

16. GOVERNING LAWS

16.1 This MOU shall be interpreted according to the laws of the State of California.

17. SEVERABILITY

17.1 This Agreement shall be considered severable, such that if any provision or part of the Agreement is ever held invalid under any law or ruling, that provision or part of the Agreement shall remain in force and effect to the extent allowed by law, and all other provisions or parts shall remain in full force and effect.

IN WITNESS THEREOF, the parties hereto have duly approved this Memorandum of Understanding, as evidenced by their respective authorized signatures set forth below.

RIO HONDO COMMUNITY

COLLEGE DISTRICT
Stephen Kibui
VP, Finance and Business

CITY OF EL MONTE
____________________________________
Rene Salas
City Manager
RHC Board Date:

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Page 5 of 5 ends

EXHIBIT A
Continuing Education courses that can be offered in South El Monte Senior Center:

1. English as a Second Language

2. Computer Classes

3. Citizenship

4. Principles of Mind and Body Health for Older Adults I: Flexibility and Balance (Yoga)

5. Principles of Mind and Body Health for Older Adults II: Strength and Balance

6. Painting for Older Adults
The CITY and the DISTRICT will review periodically classes to be offered.

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

SCHEDULING AND DISPATCHING SOFTWARE SYSTEM
SUMMARY: The City of South El Monte Transportation Division provides transportation for the elderly population, people with disabilities, and youth participants. The City has contracted Ecolane USA, Inc. ("Ecolane") to provide a demand responsive scheduling and dispatching software system aimed to improve mobility for seniors and individuals with disabilities by removing barriers to transportation service and expanding transportation mobility options. Amendment No.1 will renew and extend the contract service agreement for two (2) additional one (1) year terms.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-174, approving Amendment No. 1 renewing and extending the current agreement between the City and Ecolane for two (2) additional one (1) year terms; and

2. Authorize City Manager or designee to execute agreement.

FISCAL/FINANCIAL IMPACT: The total software cost of $25,918.00 will be expended out of the Prop A fund over two fiscal years, 2024-25 and 2025-26.

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

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

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Based on experience and needs analysis, staff determined that the demand response technology solution should be a web-based application and include tools for rider management, trip reservation administration, schedule and routing optimization, reporting and in-vehicle mobile data computers for real-time dispatching and automated vehicle location. The turn-key solution would also require professional services for training and implementation, as well as ongoing support and maintenance services.

On June 22, 2021, the City Council approved the agreement between the City and Ecolane for a responsive scheduling and dispatching software system for a term of three (3) years. Amendment No. 1, will extend the current agreement for two (2) additional one (1) year terms in the amount of $12,959.00 per year expiring June 22, 2026.

ATTACHMENT(S):

A. Resolution re Ecolane Amendment No. 1(984989.1)
B. (SEM) Amend No 1 to Ecolane agreement(984796.2)
C. Exhibit A to Amendment No. 1 (1)
D. Agreement Between City and Ecolane USA Inc.

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01257.0001/984989.1

ATTACHMENT A
RESOLUTION NO. 24-174

A RESOLUTION OF THE CITY OF SOUTH EL MONTE
APPROVING AMENDMENT NO. 1 TO RENEW AND EXTEND

THE AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE
AND ECOLANE USA, INC. FOR A DEMAND-RESPONSIVE

SCHEDULING AND DISPATCHING SOFTWARE SYSTEM
WHEREAS, the City operates a Dial-A-Ride transportation services for seniors and disabled residents in South El Monte; and
WHEREAS, the City evaluation panel completed its assessment of all proposals received in response to its Request for Proposals for a Demand-Responsive Scheduling and Dispatching Software System (RFP). The proposals were evaluated consistent with the evaluation factors listed inside of the RFP; and
WHEREAS, the panel concluded that Ecolane USA, Inc. provided a technical solution that meets the City’s need of an integrated dispatch software solution for its transit services; and WHEREAS, on June 22, 2021 the City Council approved a Contract Services Agreement (“Agreement”) between the City and Ecolane USA, Inc. The total for the Agreement is not to exceed $69,722.30 for the three-year term of the Agreement with the option to renew for two (2) additional (1) one-year terms; and
WHEREAS, the City determined that an Agreement with Ecolane USA, Inc. is necessary to purchase a Demand-Responsive Scheduling and Dispatching Software System; and WHEREAS, the City wishes to execute the option to renew the Agreement and exercise the (2) two additional (1) one-year terms. The total for the renewal is not to exceed $25,918.00 ($12,959.00 per year) for (2) two additional (1) one-year terms; and WHEREAS, the Agreement’s Contract Sum including the renewal and extension for two (2) additional (1) one-year terms is not to exceed $95,665.00; and WHEREAS, the City and Ecolane USA, Inc. determined that an amendment (“Amendment No. 1”) to the Agreement is necessary to extend the term of the Agreement for (2) two additional (1) one- year terms until June 22, 2026.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The above recitals, and each of them, are true and correct.

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01257.0001/984989.1
SECTION 2: The City Council hereby authorizes and directs the City Manager to execute Amendment No.1 to the Agreement in substantially the form attached as Attachment A to the May 28, 2024, staff report. The Council further directs the City Manager to take all actions necessary to effectuate the Agreement.

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

PASSED, APPROVED AND ADOPTED this 28th day of May 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 Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-174 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 28th day of May 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
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF SOUTH EL MONTE (“City”) and ECOLANE USA Inc. (“Consultant”) is effective as of the ____ day of May, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services dated June 22, 2021 (“Agreement”) whereby Contractor agreed to provide Demand-Responsive Scheduling and Dispatching Software System Services.

B. The Agreement is set to expire on June 22, 2024.

C. City and Consultant now desire to amend the Agreement for an additional 2 years with an annual fee of $12,959 for a total increase to the contract sum in the amount of $25,918, for the Annual Sales as a Service Option (“SaaS”) payment. For reference only, Consultant’s quote is attached here to as Exhibit “A.” In the event of any inconsistencies between Exhibit “A” and this amendment, the language of this Amendment No. 1 shall prevail.

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

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. Section 2.1 shall be amended as follows:
“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 Ninety Five Thousand Six Hundred and Sixty Five Dollars ($95,665) Sixty-Nine Thousand Seven Hundred Forty-Seven Dollars ($69,747.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.” b. Section 3.4 shall be amended as follows:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until

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01257.0001/984796.2
completion of the services but not exceeding five (5) 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 one-year terms.”
c. Exhibit C, Section I. shall be amended as follows:

I. Consultant shall perform the following tasks at the following rates:

RATE TIME SUB-BUDGET
A.

Remote set up of
Ecolane DRT
and MDT
software (8 hr.
work days),
includes remote
training and
project
management.

Quantity is 11.
$990.00 per unit Upfront Payment $10,890.00
B.

Onsite
Training/Go-live
days (8 hr. work
days). Quantity
is 12.
$990.00 per unit Upfront Payment $11,880.00
C.

Travel for # of
Onsite Trips
indicated (Onsite
Survey,
Training, and
Go-live).

Quantity is 3 .
$2,700.00 Upfront Payment $8,100.00
D. Annual Sales as
a Service option
(“SaaS”)
Payment
$12,959.00 First day of
Go-Live and
each year
thereafter for an
initial term of 3
years
$38,877.00

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01257.0001/984796.2
TOTAL: $95,665 $69,747

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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01257.0001/984796.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
____________________________________
Rene Salas, City Manager
ATTEST:
_________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

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

CONSULTANT
By: ________________________________
Name: Gerry Leonard
Title: Chief Executive Officer
By: ________________________________
Name: James Hajek
Title: Chief Financial Officer
Address: 940 W. Valley Road, Suite 1400
Wayne, PA 60532
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

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

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ATTACHMENT C
Exhibit A

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Ecolane Maintenance Renewal
This Quote (“Quote”), effective as of the Effective Date set forth below, is entered into by and between the entity identified as Client below (“Client”) and Ecolane USA, Inc. (“Ecolane”). As identified below and defined in the This Agreement includes (a) this Order Form, (b) City of South El Monte by and between Ecolane and Client, and (c) all other exhibits, schedules or other documents incorporated by reference (collectively, the “Agreement”). The parties acknowledge and agree that they have read and understand the terms and conditions of this Agreement and are willing to be legally bound by it.

ECOLANE DETAILS
Ecolane Legal Name Ecolane USA, Inc.

State of Incorporation \ [Delaware]
Type of Legal Entity Corporation
Notice Contact Information Ecolane, Inc.
940 W. Valley Rd.

Suite 1400
Wayne, PA 19087
Attn: Spiro Gjorgjievski
Email: [email protected]

SERVICES DETAILS
Effective Date: 6/23/2024
Renewal Term: 2-Year Contract (Activating the two 1-Year Renewal options from original contract) Dates: 6/23/2024-6/22/2026 Maintenance & Recurring Fees: Renewal Amount: $12,959 Annually Other Fees: None
Special Terms: None
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives effective on the Effective Date. To execute the above renewal agreement, sign the attached quote.

Quote
Ecolane - Quote # 199 2 / 4

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Year 1 Subtotal $28,380.00
Discount ($15,421.00)
Total Licenses and
Professional Services
for Year 1
$12,959.00 USD
Please contact us if you have any questions. Ongoing Annual Fees Subtotal $28,380.00
Discount ($15,421.00)
Total After Year 1 $12,959.00 USD
Ecolane
940 West Valley Road
Wayne, PA 19087
United States
T: 844-326-5263
Quote # 199
Date 2024/05/22
Expires 2024/06/21
Contact Logan Young
Prepared for City of South El Monte
Rene Salas
1415 Santa Anita Ave
South El Monte, CA 91733
United States
E: [email protected]
Ecolane Renewal
Year 1 Fees
Item Qty Price Total
Renewal Pricing - Ecolane Annual Maintenance (Year 1)
Annual Maintenance Fee
Item Discount ($15,421.00)
11 $2,580.00 $28,380.00
$12,959.00
Ongoing Annual Fees
Item Qty Price Total
Renewal Pricing - Ecolane Annual Maintenance (Year 2)
Annual Maintenance Fee
Item Discount ($15,421.00)
11 $2,580.00 $28,380.00
$12,959.00
Cost Breakdown

ACCEPT QUOTE

ACCEPT QUOTE
Quote
Ecolane - Quote # 199 3 / 4

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Cost Breakdown
Category Year 1 Fees Ongoing Annual Fees
Core Licenses / Annual Maintenance $28,380.00 $28,380.00 Discount ($15,421.00) ($15,421.00)
Total $12,959.00 USD $12,959.00 USD
Quote Attachments
 Master_Agreement_-_Ecolane.pdf (230 KB)
Quote
Ecolane - Quote # 199 4 / 4

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CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
ECOLANE USA, INC.
01257, 0001/ 723514, 1 PKL

ATTACHMENT D

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
THIS AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this' L2" day of c V4hQ , 2021 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (" City") and ECOLANE USA, INC., Consultant"). City and Consultant may be referred to, individually or collectively, as " Party" or Parties."

RECITALS
A. City operates a Dial -A -Ride transportation service for seniors and disabled residents in the City.

B. City desires to make use of the Federal Transit Administration (" FTA") Section 5310 Program — The Enhanced Mobility of Seniors and Individuals with Disabilities Program Program") grant funds it was awarded to acquire a Demand -Responsive Scheduling and Dispatching Software System to enhance the efficiency and capacity of the City' s Dial -A -Ride transportation program.

C. City has sought, by issuance of a Request for Proposals for a Demand -Responsive Scheduling and Dispatching Software System (" RFP").

D. The City evaluation panel completed its assessment of all proposals received in response to its RFP. The proposals were evaluated consistent with the evaluation factors listed inside of the RFP. The panel concluded that Consultant provided a technical solution that meets the City' s need of an integrated dispatch software solution for its transit services.

E. Following submission of the lowest responsible and responsive bid for the performance of the services, Consultant was selected by the City to perform those services pursuant to the City of South El Monte Municipal Code Section 3. 16. 050.

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

G. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein. 01257.0001/ 723519. 1 PKL

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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 01257. 0001/ 723519. 1 PKL 2

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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 ofthe 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 01257, 0001/ 723519. 1 PKL 3

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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 Sixty -Nine Thousand Seven Hundred Forty -Seven Dollars 69,747. 00) ( the " Contract Sum"), unless additional compensation is approved pursuant to Section 1. 9.

2. 2 Method of Compensation.

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

2. 3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the 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 01257. 0001/ 723519. 1 PKL 4

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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 Maieure.

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 01257. 00OV723519A PKL 5

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shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes ofthe 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.

Spiro Giorgjievski President
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.
01257. 0001/ 723519. 1 PKL 6

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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 the City Manager 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. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System (" Ca1PERS") to be •classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/ or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant' s personnel used to provide the Services under this Agreement are other than independent contractors ofthe City. 01257. 0001/ 7235 [ 9. 1 PK1. 7

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4. 5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5. 1 Insurance Coverages.

Without limiting Consultant' s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
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. 01257. 0001/ 723519. 1 PKL 8

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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 Genera! 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.
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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 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.
0) 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. 1) 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 01257. 00011723519. 1 PKL 10

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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 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;
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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.

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 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 01257. 0001/ 723519. 1 PKL 12

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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 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. 01257. 0001/ 723519. 1 FKL 13

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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 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 01257, 0001/ 723519. 1 PKL 14

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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.

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 01257.0001l723519. 1 PKL 15

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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. 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 ofthe 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 01257. 00011723519. EPKL 16

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

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.

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 ofmailing if mailed as provided in this Section. 01257. 00011723519. 1 PKL 17

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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 Agreement or any other rule of construction which might otherwise apply.

9. 3 Counterparts.

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

9. 4 Integration; Amendment.

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

9. 5 Severability.

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

9. 6 Warranty & Representation of Non -Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/ her financial interest or the financial interest of any corporation, partnership, or association in which ( s) he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which ( s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of financial interest" shall be consistent with State law and shall not include interests found to be remote" or " noninterests" pursuant to Government Code Sections 1091 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, 01257. 0001/ 723519, l PKL 18

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consideration, or other thing of value to any thind party including, but not limited to, any Cite official, officer, or employee, as a result of consequence of obtaining or being awarded - inL agreement. Consultant is aware of and understands that any such act( s), omission( i) or utln. r conduct resulting in such payment of money, consideration, or other thing of value will reudar 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, ( d) 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 ofthe 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.

ATTEST:

G. ScHwartz, Vty Clerk
APPROVED AS TO FOR.

ALESHIRE & WYNDER, LLP
see crE- ac,
Anthony R. Taylor, City Attorney
CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
akv-4) Q& z
laria Olmos, Mayor
CONSULTANT:

Ecolane USA, Inc.

Name: Spiro G_jorgji
Title: President
By:

Name:

Title:

Address: 0 West Valley Road
Suit 1400
yne, PA 19087
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT' S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY. 01257. 0001/ 723519. 1 PKL 20

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

ATTEST:

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Oltnos, Mayor
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALjE'SHIRE & WYNDEF, LLP
r
Anthony R, Taylor, City Attorney
CONSULTANT:

Ecolane USA, Inc. /
By:

Name: G L • d
Title: CEO/ President
By: -
Name: Cotey Wolff`
Title: Chief Financi
Address:
940 West Valley Road
Suite 1400
Wayne, PA 19087
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: L) Chairman of the Board, President or any Vice President; and 2) 01257. 000t17235t9, 3 PKL 20

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2021 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.
1 certify under PENALTY OF PERJURY under the laws ofthe 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

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))

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
01257. 0001/ 723514. 1 PKL

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws ofthe 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

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))

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
0125T0001/ 723519. 1 PKL

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EXHIBIT " A"

SCOPE OF SERVICES

1. Consultant will perform the Hosted Services:

A. Provision of Software. Subject to City' s compliance with Schedule 1 to Exhibit B, Consultant grants to City a non- exclusive, personal, non -transferable, limited license for its employees to access and use the Ecolane Demand - Responsive Transportation ( DRT) management software suite and Ecolane Touch Screen Mobile Data Terminals ( MDT) Software (" Software") provided by Consultant to City over the internet through a web browser or other Consultant authorized application ( collectively, " Hosted Services") and Documentation ( as defined in Schedule 1 to Exhibit B solely for City' s lawful business purposesfor the term of the Agreement.

B. Consultant shall provide its web -based DRT and Touch Screen MDT software licenses for eight ( 8) vehicles to be used between the paratransit services on Android tablets.

C. Consultant shall provide streamlined reporting and analytics for additional reporting functionality to better drive system decisions.

D. Consultant shall provide fare tracking with its diminishing balance module.

E. Consultant shall provide the map data for the service area, which will include up to 5 contiguous counties . The City will select the service area and its boundaries and the Consultant will assist and train the City to do this.

F. Consultant shall provide its branded Mobile App which can be used by the City to book, edit, or cancel trips. The Mobile App will show where the vehicle is on the map in real- time. At the City' s option, the City can have its mobile app customized with its logos and colors for an additional cost.

G. Consultant shall provide its self-service website where the City can book, edit and cancel trips in real- time.

H. Consultant shall provide its SMS Text Messaging Vehicle Arrival Notifications license and an additional 10, 000 SMS Text message credit. 01257. 0001/ 723519. 1 PKL B- 1

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I. Consultant shall provide a brokerage license to handle trips that are sent out to subcontractors. Consultant shall provide its least cost scheduling algorithm to select the least expensive Subcontractor at the point of booking which has the capacity to handle the trip.

J. Consultant shall provide the following hardware:
0 8 tablets at 8 inchs Driver MDT' s 8" Android Tablet. If the City purchases separately, the cost will be reduced.

Vehicle Mounting Hardware ( RAM- 101U, Otter box type case, and vehicle charger.

K. Consultant shall provide eleven ( 11) days of data conversion by the Consultant' s Project Manager (" PM").

L. Consultant shall provide remote set-up. Consultant shall provide three ( 3) days of on -site training and go -live support remote training to the City.

M. Consultant shall provide a two- day on -site survey by the Consultant PM to learn about the City' s operations and needs.

N. Consultant shall make three trips total for travel for the project.

O. Consultant shall provide support for all licenses obtained by the City.

P. Consultant shall also provide the following services at no additional cost to the City:

Web hosting fees and server maintenance
Maintenance on the hosted webserver
Server set- up/ spinup with Amazon Web Services
1 to 2 significant version upgrades of the software per year Unlimited minor updates as needed by the City
Monthly training webinars
Access to an idea portal to help drive the development and functionality ofthe Ecolane solution
Access to Ecolane University, a Learning Management System LMS) that can be used to train new staff or provide refresher courses on modules of the software with self -paced video courses and tests
Onsite City Staff Training
Onsite Go -Live
Map Updates, System Upgrades and Updates
Remote set up of Ecolane DRT and MDT Software
Onsite City Staff training/ Go- live Days
Travel for Onsite Trips (Onsite Survey, Training, and Go -live) Project Management
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24/ 71365 Support via Web, Email and Phone, as included in Section Q, below
Monthly Webinar Training and Access to Aha! Idea Portal Access to Learning Management System, Ecolane University for Staff
Q. Technical Support. Consultant shall provide 24 hours a day, 7 days a week, 365 days of the year support to the City. Consultant shall provide via online, email, and phone. Consultant shall provide a support website at helpdesk. ecolane. com, where City can find web -based tools and information, such as Frequently Asked Question ( FAQ) lists, user documentation, training manuals, tutorial videos, and the system knowledge base. City can submit, view, and check the status of its support requests at any hour of the day on Consultant' s website. City can also request support via Consultant' s Helpdesk by email at helpdeskkecolane. com or via phone at 888- DRT-EUSA ( 378- 3872). Consultant shall track each support request that City submits to its Helpdesk, and shall respond according to the support request' s severity as follows:

Severity is Critical: Consultant' s target response shall be one ( 1) business hour, within 4 hours from actual response.

The criteria for Critical Severity includes
o The City' s production system is down
o Consultant' s product is inoperable, resulting in total disruption of work or another critical business impact
a No workaround is available.

Consultant' s solutions will include:

A satisfactory workaround is provided
A product patch is provided
A Fix incorporated into future release
A Fix or workaround incorporated into Solution
Library
Severity is High: Consultant' s target response shall be eight ( 8) business hours, within 36 hours from actual response.

The criteria for High Severity includes:
o Major feature/ function failure
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o Operations are severely restricted
o A workaround is available
Severity is Medium: Consultant' s target response shall be 24 business hours, within 15 business days
The criteria for Medium Severity includes:
o Minor feature/ function failure
o Product does not operate as designed, minor impact on usage, acceptable workaround deployed
Severity is Low: Consultant' s target response shall be 72 business hours, within 30 business Days
The criteria for Low Severity includes:
o Minor issues
o Documentation, general information, enhancement
request
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

Not applicable.

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. Testing and Authorizations for Go -Live
B. 30- day data review
C. System Backup and Recovery plan
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. Personnel as decided at the discretion of the Consultant. 01257. 0001l723519. 1 PKL B- 4

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EXHIBIT " B"

SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in stfiket4attgh.

Section 3. 1, " Time of Essence" is deleted in its entirety to read:

3. 1 Time of Essence. Intentionally Omitted.

Time is of ffie essenee in the per-feFffianee ef this Agreement-.

Section 4. 5, " Prohibition Against Subcontracting or Assignment" is deleted in its entirety and replaced with the following language to read:

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, which may not be unreasonably withheld or delayed. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily, whether for the benefit of creditors or otherwise, without the prior written approval of City; provided, however, Contractor may assign this Agreement without such approval if in connection with a sale of all or substantially all of Contractor' s assets; provided further, however, City may terminate this Agreement upon written notice to Contractor within thirty ( 30) days of any such assignment or a transfer ( within the meaning below). The City understands that the Consultant may require, and hereby consents to, the assistance from sub -contractors to provided hosting services, software development services, and other similar background technology providers; however Consultant Staff s responsibilities include providing project planning, data collection, analysis and design, on -site training, software maintenance and ongoing customer support. " Transfer" means the transfer to any person or group of persons acting in concert of more than twenty five percent 25%) of the present ownership and/ or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved assignment, 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.
01257. 00011723519. 1 PKL B- 5

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Consultant may subcontract it's performance under this Agreement provided that it remains responsible for the actions or inactions of its subcontractors in their performance hereunder.

Section 5. 1 " Insurance Coverages" Subsection ( e) is deleted in its entirety to read:
e) Subcontractors. Intentionally Omitted.
all of theY-eq,,iir-emet4s stated he
Section 5. 2 " General Insurance Requirements" Subsection ( d) is deleted in its entirety to read:
d) City' s rights of enforcement. Intentionally Omitted. in the event any pehey ef insuranee r-equired under- this Agfeemen4 does net eetaply with these speeifleations or - Section 5. 2 " General Insurance Requirements" Subsection ( f) is amended to read:
d) 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. Consuka— + hereby waives its evm rigM ef r- .

I - Ast Cky, and shall r-eqdife similar- writ4en express Section 5. 2 " General Insurance Requirements" Subsection ( i) is amended to read:
i) Notice of cancellation. Consultant
and instifef will 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.

Section 5. 2 " General Insurance Requirements" Subsection ( m) is deleted in its entirety to read: ( m) Pass through clause. Intentionally Omitted Gansultan agrees to ensure * M its subeenstiltants, subeentr-aeter-s, and any other party inveiv with the pr-ejeet who is brought ontoor- elye. a i the p e t by !-` ens ltaa provide requir-emeR s 4Z} cs4 Won request, all wbivv.. ay. atu .. aua 01257. 00011723519. 1 PKL. B- 6

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eensiaftai4s, subeen4meters, and others engaged in the pr-ejeet vAll be submitted to City
Section 5. 2 " General Insurance Requirements" Subsection ( n) is deleted in its entirety to read:
n) Agency' s right to revise specifications. Intentionally Omitted Section 5. 3 " Indemnification" is deleted in its entirety and replaced with the following language to read: 5.3 Indemnification.
a) Gensiallant will defend any AMI er ae-Ifiled in eeiiiieetieft with aff &f said elaims or- liabililies a -ad will pay all eests and expenses, ineleding legal easts therewith;
filed
City, its 7
Constiltaint fef damages other any aetien ef preeeeding or- pfeseeuted against seeh or work, as ant Geiistdtan4 to to the
to
epefa ion or- of 7
agrees pay 7
offieers7 agen4s or- employees, any and all eests and expenses ineurred by the 7 7 01257. 0001. 1723519. 1 AKL B- 7

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a) Consultant Indemnification. Consultant will defend City and its officers, directors, employees, agents, successors and permitted assigns against any claim, suit, action orproceeding brought by a third party alleging that City's receipt or use of the Hosted Services ( as defined in Exhibit A) in accordance with this Agreement infringes any intellectual property right or misappropriates any trade secret of that third party (each, a " Claim Against City'), and will pay all settlements entered into and damages awarded against City as a result of a Claim Against City; provided, however, that Consultant will have no obligations under this Section with respect to claims to the extent arising out of ( a) any instruction, information, designs, specifications or other materials provided by City to Consultant; ( b) use of the Hosted Services in combination with any materials or equipment not supplied to City or specified by Consultant in writing, ( c) any modifications or changes made to the Hosted Services by or on behalf ofany person or entity other than Consultant; ( d) the use of any version of the Hosted Services other than the most current release made available by Consultant, ( e) City Data ( as defined in Schedule I to Exhibit B), or (1) City's breach of this Agreement, the Documentation, or the applicable Order( s). If a Hosted Service, or any part thereof, becomes, or in the opinion of Consultant may become, the subject of a claim of infringement or misappropriation, Consultant may, at its option: ( x) obtain a license for City's continued use ofthat Hosted Service in accordance with this Agreement; ( y) replace or modify the Hosted Services so that they are no longer claimed to infringe or misappropriate; or (z) terminate this Agreement and refund to City any portion of the fees prepaid by City for the infringing Hosted Service. 01257. 0001/ 723519. 1 PKL B- 8

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b) City Indemnification. City will defend Consultant and its officers, directors, employees, agents, affiliates, successors and permitted assigns against any claim, suit, action or proceeding brought by a third party. (a) alleging that any information or materials provided by City (including City Data), or Consultant' s receipt or use thereof, infringes any intellectual property right or misappropriates any trade secret ofthat thirdparty; (b) arising from City's breach ofSection 2.2 ofSchedule I to ExhibitB; (c) arising from City' s failure to comply with applicable In w; or (d) arising in connection with any event described in Section 5.4(b) ofSchedule I to Exhibit ( each of (a) — (d), a ` Claim Against Consultant') and will pay all settlements entered into and damages awarded against Consultant as a result of Claim Against Consultant. c) Indemnification Procedures. The party seeking indemnification hereunder will promptly notify the indemnifying party in writing of a claim for which it seeks indemnification hereunder and cooperate with the indemnifying party at the indemnifying party' s sole cost and expense. The indemnifying party will immediately take control of the defense and investigation of the claim and will employ counsel ofits choice to handle and defend the same, at the indemnifying party Is sole cost and expense. The indemnifying party will not settle any claim hereunder in a manner that adversely affects the rights of the indemnified party without the indemnified party' s prior written consent, which will not be unreasonably withheld or delayed. The indemnified party's failure to perform any obligations under this Section 5.3(c) will not relicve the indemnifying party ofits obligations under this Section except to the extent that the indemnifying party can demonstrate that it has been materially prejudiced as a result ofsuch failure. The indemnified party may participate in and observe the proceedings at its own cost and expense.

Section 5. 4, " Limitation on Liability" is added and shall read:

5. 4 Limitation on Liability.

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR TO

ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,

EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF

USE, REVENUE, PROFIT, OR DATA, WHETHER ARISING OUT OF BREACH

OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER WISE,

REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND

WHETHER OR NOT SUCH PARTY HAS BEENADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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IN NO EVENT WILL EITHER PARTY' S LJABILITY ARISING OUT OF OR

RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR

RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO

CONSULTANT PURSUANT TO THIS AGREEMENT DURING THE TWELVE 12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Section 6. 1, " Records" is amended to read: 6. 1 Records.

Consultant shall keep, and require stibeeatraeters t
keep, such data, 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 good business practices and shall be
complete and detailed. Upon written request and reasonable advance notice, 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 their
completion, 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.

Section 6. 3, " Ownership of Documents" is deleted in its entity to read: 6. 3 Ownership of Documents.

Intentionally Omitted. ,
siedies, surveys,
data, ele eemputer- file reports reeer- s de ., ts and other zria1:er-]_itt'.7 Tluie.d by Consultant, . t., ..::: t....J......,, subeentraeter- s and agents in the per-formanee ef this Agr-eemem shall be the prepeI4 f
City d shall be . deliyere. te945, tipen reques! of the G r,tr-aet Offeeer- epen the tie G`titftt use, e. t of suesueh eampleted ,1,,.,,,.,
e„ ts for of er- 01257.
00011723519.1PKL B- 10

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Section 6. 4, " Confidentiality and Release of Information" is deleted in its entirety and replaced with the following language to read: 6.4 Confidentiality and Release of Information.

No -
isa. aiay. neaei : . -
e) if G'ensiilLant, er any eff Of eer-, empleyee,agent or- jubeeH4Y-aete Ganstthan4>
shall have the right to reimbursement and indemnity ff-affi Constillant fer any damages, e6sts a fees, 7 fees,
d) Consultant shall tly City ..L. a 1. 1 Gn.- ltaH4 its ffieer-S, lc i p
be
neti%.. s e zxti. a. i o ti.a iu aa c. w,
agerlts- orsubeentfaetefs sere eemplaint, subpeena, flefie Y 7 there
City the but has to the work per-fefffied Gensuftant
be undef.
heafing r- etains right, and
He
7 represen4 Consultant
orpresent toat
any fully
City or
similar- pr-eeeedifig. agrees
eeoperme with and Hewevef,
this to igh4City does imply or mean the righ4 by rte > I tich
response net 01257.
00011723519.1 PKL B- 11

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a) Definition of Confidential Information. " Confidential Information" means information disclosed by a party to the other party that is designated as confidential or that reasonably should be considered confidential given the nature of the information and the circumstances of disclosure. Confidential Information of City includes City Data; Confidential Information of Consultant includes the Hosted Services and Documentation; and Confidential Information of each party includes the terms and conditions of this Agreement and all Orders including pricing), as well as information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing; " Disclosing Party" refers to the party disclosing Confidential Information hereunder, whether such disclosure is directly from Disclosing Party or through Disclosing Parry' s employees or agents; and " Recipient" refers to the party receiving any Confidential Information hereunder, whether such disclosure is received directly or through Recipient' s employees or agents. Confidential Information does not include information that. ( a) is already known to the Recipient without restriction on use or disclosure prior to receipt of such information from the Disclosing Party; ( b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Recipient, ( c) is developed by the Recipient independently of, and without reference to, any Confidential Information of the Disclosing Party, or ( d) is received by the Recipient from a third party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information.
b) Requirement of Confldentiality. The Recipient agrees that it will use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind ( but not less than reasonable care) to. ( a) not disclose or otherwise make available Confidential Information of the Disclosing Party to any third party without the prior written consent of the Disclosing Party, provided that the Recipient may disclose the Confidential Information of the Disclosing Party to its, and its affiliates', officers, employees, consultants and legal advisors who have a " need to know," who have been apprised of this restriction and who are themselves bound by nondisclosure obligations at least as restrictive as those setforth in this Section Error! Reference source notfound.; and (b) use the Confidential Information of the Disclosing Party only for the purposes of performing its obligations or as otherwise authorized under this Agreement. The Recipient will promptly notify the Disclosing Party in the event it becomes aware of any loss or disclosure of any of the Confidential Information of Disclosing Party. The obligations in this Section Error! Reference source not found will survive termination and continue for so long as the applicable information constitutes Confidential Information.
c) Compelled Disclosure. The Recipient may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Recipient gives the Disclosing Party prior notice of the compelled disclosure ( to the extent legally permitted) and reasonable assistance, at the Disclosing Party' s cost, if the Disclosing Party wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Disclosing Party' s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Recipient for its reasonable cost of compiling and providing secure access to that Confidential Information. 01257. 0001/ 723519. 1 PKL B- 12

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d) Feedback. Any feedback, comments, suggestions
or proposed modifications to the Hosted Services provided by City to Consultant may befreely used by Consultant without limitation, notice, or duty of accounting. Schedule 1,
Hosted Services Terms and Conditions" is added to read: Schedule 1 to Exhibit B Schedule 1 to Exhibit B
Hosted Services Terms and Conditions
To the extent ofany conflict or inconsistency with the terms and conditions ofthis Schedule and any other term in the Agreement, this Schedule controls and supersedes over such conflicting or inconsistent term.

1. SERVICES.

1. 1 Orders for Hosted Services. Consultant will make the Hosted Services available to City in accordance with the terms and conditions of this Agreement and any applicable Order. In the event of a conflict between the terms ofthis A reement and the terms ofan Order, the terms of this Agreement will govern to the extent of the conflict unless the Order expressly states that it is intended to modify the conflietinz terms ofthis Agreement, in which case the terms ofthe Order will overn to the extent ofthe conflict.

1. 2 Hosted Services. Consultant will provide to City the Hosted Services specified in an Order in accordance with the service level set out on Schedule A. City will identify to Consultant, in the manner specified by Consultant from time to time, its employees that require access to the Hosted Services. Consultant will provide standard support for the Hosted Services to City at no additional charge (including new releases, upgrades, updates, patches, and huz fixes as thgy may, rom time to time be developed and made generally available as Part of the Hosted Services).

1. 3 Hosted Service Delivery, Consultant may rovide the Hosted Services from any facility and may from time to time transfer any or all ofthe Hosted Services being provided hereunder to any new acili ies or relocate the personnel, equipment and other resources used in providing those Hosted Services. Consultant may, in its sole discretion, make any changes to any Hosted Service that it deems necessary or useful to i maintain or enhance a the quality or deliverE of Consultant' s products or services to its customers b the competitive stren th of, or market for, Consultant' s products or services, ( c) such Hosted Services' cost efficie_n_cy_ or performance, or (ii) to comply with applicable law.
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1. 4 Protection and Use of City Data. Consultant will maintain administrative Physical and technical safeguards designed to protect the security, confidentiality, and integrity of City Data as described in the Documentation. Those sa a uards will include measures for preventing access, use, modification, or disclosure of City Data by Consultant personnel except.- a to provide the Hosted Servicesprevent or address service or technical problems, or as described herein; ( b) as compelled by law; or (c) as City expressly permits in writing. City shall protect and maintain the confidentiality ofany to ins asswords or other access credential supplied by Consultant for use with the Hosted Services. City is liable for all authorized and unauthorized uses ofsuch account credentials.

2. USE OF SERVICES AND CONTENT.

2. 1 ON Responsibilities. City will: ( a) be responsible for its and its contractors' compliance with this A reement and for all their acts and omissions of as ifthey were City' s acts or omissions; ( b) be responsible for the accuracy, quality, and legality of City Data and the means by which City acquired City Data; ( c) use commercially reasonable efforts to prevent unauthorized access to or use ofthe Hosted Services and notify Consultant promptly of any unauthorized access or use of which City becomes aware; ( d) use Hosted Services only in accordance with this A reement any applicable Order, and the Documentation • e cam I with all laws applicable to City' s use of the Hosted Services; and (h promptly and fully cooperate with Consultant and make the necessary personnel and resources available to Consultant for Consultant to deliver the Hosted Services, as reasonably requested by Consultant.

2.2 Usage Restrictions. City will not: (a) use the Hosted Services outside the licensing metrics set out in the applicable Order ( e.g., per user limitations), if any; ( b) make any Hosted Service available to, or use any Hosted Service for the benefit of, anyone other than City; (! j lease license sell sublicense or otherwise trans er its access to or use ofthe Hosted Services or include any Hosted Service in a service bureau or outsourcing offerings ( d) use or permit use ofany Hosted Service in contravention ofSection 2.4 Prohibited Uses • e interfere with or disrupt the integrity or performance of any Hosted Service; 69 attempt to gain unauthorized access to any Hosted Service • permit direct or indirect access to or use of any Hosted Service in a way that circumvents a usage limit; (h) copy a Hosted Service or any part, feature, unction or user interface thereof i copy any Hosted Service except as permitted herein or in an Order or the Documentation; ( j) frame or mirror any part of any Hosted Service; ( k) access any Hosted Service in order to build a competitive product or service; or (1) reverse en ineer any Hosted Service to the extent this restriction is Permitted by law).

2.3 Technical Requirements. City will need certain equipment, software, and Internet access to be able to access the Hosted Services. Acq-yirin2, installinz, maintaining and operating equipment and Internet access is solely City' s responsibility. City is responsible for ensurin that such equipment is compatible with the Hosted Services and complies with all configurations and specifications provided by Consultant, which may be amended from time to time. Consultant neither represents nor warrants that the Hosted Services will be accessible through all web browser releases or used with all operating systems. 01257. 0001/ 723519. 1 PKL B- 14

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2. 4 Prohibited Uses. City will not and will not permit others in using the Hosted Services to: ( a) defame, abuse, harass, stalk, threaten any individual or infringe or otherwise violate the legal rights ( such as rights ofprivacy, publicity and intellectual property) of others or Consultant; b distribute any harmful, inappMpriate, profane, vulgar, infringing, obscene false, fraudulent, tortuous, indecent, unlawful, or otherwise obiectionable material or information ( including any unsolicited commercial communications); ( c) engage in or encourage any conduct that could constitute a criminal offense or give rise to civil liability—f Consultant; ( d) misrepresent or in any other way falsely identify City' s identity or affiliation, including through impersonation or altering any technical information in communications usin2 the Hosted Services; a transmit or u load an V material throw h the Hosted Services that contains viruses tro •an horses worms time bombs cancelbots or any other pro2rams with the intent or effect of damaging, destroying, disrupting or otherwise impairing Consultant' s or any other erson' s or entity' s, network computer s stem or other equipment, or that poses an unusually great. burden on the network itself, M interfere with or disrupt the Hosted Services, networks or servers connected to the Consultant systems or violate the regulations, policies or procedures ofsuch networks or servers, including unlawful or unauthorized allerine any of the information suhmitted throw h the Hosted Services attempt to gain unauthorized access to the Hosted Services, other Consultant customers' computer s stems or networks usinz the Hosted Services throw h any means; or h interfere with another person' s use ofthe Hosted Services. Consultant has no obligation to monitor Ci ' s use of the Hosted Services. However Consultant reserves the ri ht but has no obligation) at all times to monitor, review, retain and disclose any information as necessary to satisfy or cooperate with any applicable law, regulation, legal process or overnmental request.

2. 5 Removal of Content. IfConsultant is required by any third -party rights holder to remove any content or information, or receives information that any content or information provided to City may violate applicable law or third -party rights, Consultant may remove such content or information andlor notify City that it must discontinue all use ofsuch content or information, and to the extent not prohibited by law, City will do so and promptly remove such content or information from its systems.

3. PROPRIETARY RIGHTS AND LICENSES.

3. 1 Reservation. Consultant and its licensors reserve all of their ri hts title and interest in and to the Hosted Services and the Documentation, including all updated, upgrades, or derivative works from the forezoing, and all intellectual propertp ri his therein. No ri hts are oranted to Citv hereunder other than as expressly set forth in this Agreement.

3.2 Reserved.
01257. 00011723519. 1 PKL B- 15

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3.3 City Data. As between Consultant and City, City owns the City Data. City grants to Consultant and its subcontractors a non- exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit translate and otherwise use disclose and process City Data for any lawful purpose, including but not limited to as reasonably necessary or useful to perform and improve the Hosted Services and for the exercise of Consultant' s rights under this Agreement. City warrants to Consultant that City has the right to grant the foregoing license and Provide City Data to Consultant in accordance with this Agreement. Consultant ma anonymize and de -identify City Data so that it does not identify City or any individual, and cannot be used to identify City or any individual for analytical and benchmarkine purposes, far the development ofnew products and services, and to improve Consultant' s products and services.

4. THIRD PARTY SERVICES

4.1 Integration with Third Party Hosted Services. The Hosted Services may contain features desi ned to intero erate with products, applications, or services not provided b Consultant ( collectively, each a " Third Party Service"). To use such features, City may be required to obtain access to such Third Party Service rom its provider, and may be required to grant Consultant access to City' s account( s) on such Third Party Service. City shall provide, and shall cause the Provider of the Third Partp Service to provide, Consultant with an reasonably requested information and materials needed to integrate the Third Party Service with the Hosted Services.

4. 2 Permissions• Disclaimer. Consultant does not warrant or support Third Party Service or other third -party products or services. If City chooses to use a Third Party Service with the Hosted Services City rants Consultant permission to allow the Third Party Service and its provider to access any data (including, without limitation, data that may constitute Confidential Informationprovided to Consultant in connection with the Hosted Services as required for the interoperation ofthat Third Party Service with the Hosted Services.

Consultant is not responsible for any disclosure moth ication or deletion ofsuch data resulting from access by any Third Party Service or its provider. Any acquisition by City of a Thirdfart X Service and any exchange of data between City and any Third Party Service or its provider, is solely between City and the applicable third -party provider. Further, Consultant cannot uarantee the continued availability ofany Hosted Service Leatures that intero erate with Third Party Service and may cease Providing them without beinje in breach ofthis Agreement or entitling City to any refund, credit, or other compensation, iffor example and without limitation the Provider of a Third Partp Service ceases to make the Third Party Service available for interoperation with the corresponding Hosted Service features in a manner acceptable to Consultant.

S. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS.

5. 1 Mutual Representations. Each Party represents and warrants that it has the le al power and authority to enter into this Agreement.
0125T00011723519.1 PKL B-16

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5.2 Hosted Services Warranties. Consultant represents and warrants that the Hosted Services will conform substantially in accordance with the Documentation under normal use and circumstances. City' s sole remedy for breach of a warranty in this Section shall be to have Consultant use commercially reasonable efforts to Promptly correct replace or provide a work around for such breach, at no charge to City.

5. 3 City Warranties. City represents and warrants that a City will use and will ensure that all users use, each Hosted Service in full compliance with this Agreement, Consultant' s end -user terms of use and all applicable laws and re ulations• and b City owns or has a license to use and has obtained all consents and approvals necessary for the provision and use Of all ofthe City Data that is placed on transmitted via or recorded by any Hosted Service.

5. 4 Disclaimer.
a) OTHER THAN AS EXPRESSL Y SET FOR TH IN THIS A GREEMENT

CONSULTANT DISCLAIMS ALL WARRANTIES CONDITIONS OR

REPRESENTATIONS TO CITY REGARDING THIS AGREEMENT AND THE SERVICES WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT

LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTYAGAINST INFRINGEMENTjTHE

IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE

AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED BY CONSULTANT. NO WARRANTY IS

MADE THAT USE OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED,

THATANYERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED OR

THAT THE SERVICES FUNCTIONALITY WILL MEET CITY' S REQUIREMENTS

CONSULTANT DISCLAIMS ALL LIABILITYAND INDEMNIFICATION OBLIGATIONS

FOR ANY HARM OR DAMAGES CAUSED BYANY THIRD -PARTYHOSTING CONSULTANT.
b) City acknowledges and agrees that (i) it is solely responsible for providing and ensurine the proper traininz ofits drivers owners or operators in the operation ofthe motor vehicle or motor vehicles i.e. any automotive machinery utilized for the transport of persons orgoods), ii Consultant shall not be liable to City or any other entity or individual for an claim or action including costs arising out of the use or misuse of any motor vehicle operated by or on behalf ofthe City or any such entity or individual in connection with this Agreement, including any personal injury or property damage claim or action, and (iii) City shall include this paragraph, or the substance thereof, in any agreements between City and any third party involvinz the Hosted Services or other Consultant property.

6. DEFINITIONS.

6. 1 " City Data" means data and information submitted by or for City into the Hosted Services.

6. 2 " Documentation" means the user guides, technical literature and functional snecifrcations for the Services, as provided and updated by Consultant from -time to time. 01257. 0001/ 723519. 1 PKL B- 17

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6. 3 " Order" means the Provision of the Hosted Services in accordance with Exhibits A and C ofthis Agreement.

Schedule A
Service LevelA reement Lor Hosted Services

1. Service Levels. Subject to the terms and conditions of this Agreement, Consultant will use commercially reasonable efforts to make the Hosted Services Available (as defined below) at least ninety- nine percent ( 99. 0%) of the time as measured over the course of each calendar month during the Term ( each such calendar month, a " Service Period"), excluding unavailability as a result of any of the Exceptions described below in this Section 1 ( the Availability Requirement"). " Service Level Failure" means a material failure of the Hosted Services to meet the Availability Requirement. " Available" and " Availability" mean the Hosted Services are available for access and use by City. For purposes of calculating the Availability Requirement, thefollowing are " Exceptions" to the Availability Requirement, and neither will the Hosted Services be considered un Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of City to access or use the Hosted Services that is due, in whole or in part, to any: ( a) access to or use of the Hosted Services by City, or using City' s access credentials, that does not strictly comply with this Agreement; ( b) City' s delay in performing, or failure to perform, any ofits obligations under this Agreement; ( c) City' s Internet connectivity; ( d) force majeure event; ( e) failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by Consultant pursuant to this Agreement; ( f) scheduled downtime for routine maintenance of which Consultant has provided City notice via email or though the Hosted Services; or (g) disabling, suspension or termination ofthe Services pursuant to the Agreement.

Service Level Failures and Remedies. In the event of a Service Level Failure, Consultant will issue a credit to City in the amount setforth in the table below, measured as a percentage of the monthly fees ( or pro rats equivalent thereoj) for the applicable Hosted Services paid or payable for the Service Period the Service Level Failure occurred ( each a Service Credit").

Service Credit
Availability
as percentage of monthly fees ( or pro rata
equivalent thereoj))

99. 0% - 100% 0%

96. 0% - 98. 9% 3%

94. 0% - 95. 9% 5%
01257. 00011723519. 1 PKL B- 18

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90. 0% - 93. 9% 10%

90. 0% 20%
Notwithstanding the foregoing, Consultant has no obligation to issue any Service Credit unless City: ( i) reports the Service Failure to Consultant immediately upon becoming aware of it, and (ii) requests such Service Credit in writing within ten 10) days of the Service Level Failure. Additionally, in no event will a Service Credit for any Service Period exceed twenty percent ( 20%) ofthe total monthly fees or pro rata equivalent thereofl that would be payablefor that Service Period ifno Service Level Failure had occurred. For the avoidance ofdoubt: In the event a flat fee is agreed upon in the applicable Order, and as a result there is not a monthly fee, the Service Credit for any Service Period will not exceed twenty percent ( 20%) of the total flatfee divided by the total number of months that constitute the Term.

Subject to the foregoing, any Service Credit payable to City under this Agreement will be issued to City in the calendar month following the Service Period in which the Service Level Failure occurred. The parties intend that the Service Credits are liquidated dames that constitute compensation, and not a penalty. The parties acknowledge and agree that the harm caused by a Service Level Failure would be impossible or very difficult to accurately estimate as ofthe Effective Date, and that the Service Credit are a reasonable estimate of the anticipated or actual harm that might arise. This Section 0 sets forth Consultant' s sole obligation and liability and City' s sole remedy for any Service Level Failure.
01257. 0001/ 723519. 1 PKL B- 19

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I
EXHIBIT " C"

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

RATE TIME SUB - BUDGET
Remote set up of
A. Ecolane DRT $ 990. 00 per unit Upfront Payment $ 10, 890. 00 and MDT
software ( 8 hr.
work days),
includes remote
training and
project
management.

Quantity is 11.

Onsite
B. Training/ Go- live $ 990. 00 per unit Upfront Pam $ 11, 880. 00 days ( 8 hr. work
days). Quantity
is 12.

Travel for # of
C. Onsite Trips $ 2, 700. 00 Upfront Payment $ 8, 100. 00 indicated ( Onsite
Survey,
Training, and
Go -live).

Quantity is 3 .
30, 870. 00
D. Annual Sales as $ 12, 959. 00 First day of $ 38, 877. 00 a Service option Go -Live and
SaaS" each year
Payment thereafter for an
initial term of 3
years
TOTAL: $ 69, 747
01257. 0001/ 723519. 1 PKL C- 1

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II.

Not applicable.

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.

Not applicable.
01257. 0001l723514. 1 PKL C- 2

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II.

EXHIBIT " D"

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

Days to Perform
A. Task A 7 days
B. Task B 5 days
C. Task C 5 days
Deadline Date
7 business days
from contract
signing
9 weeks from
contract sianine
10 weeks from
contract signing
Consultant shall deliver the following tangible work products to the City by the following dates.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3. 2.
03257.0001/ 723519. 1 PKL D- 1

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

INSTALL A NEW PLAYGROUND STRUCTURE AT THE MINI
CENTER
SUMMARY: The City of South El Monte has leased the Mini Center building, located at 1824 Central Avenue, to Akitoi Learning Center, LLC, (Akitoi) since 2011. The Director of Akitoi is requesting approval to install a new playground structure at the Mini Center.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 175, authorizing the installation of a new playground structure at the Mini Center.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact to the City should Akitoi receive approval to install a new playground structure. Akitoi is fully funding the purchase of the playground structure and the installation cost, consistent with all prevailing wage provisions, and with grant funding her program has available.

DISCUSSION: The City has a lease agreement with Akitoi for the use of the Mini Center, a 6,000 square foot building located at 1824 Central Avenue. The current lease agreement between the City and Akitoi is effective until August 31, 2026. Akitoi is a forprofit proprietorship, full-service childcare business, who has continually leased the Mini Center since September 2011. Akitoi first became the City’s tenant as a result of being selected through a Request for Proposal process. Akitoi’s mission is to provide care and high-quality education, primarily for 2 to 5 year-old children, drawing from South El Monte and the El Monte greater area.

The current building has five playgrounds which are utilized by youth participants in the City’s after-school programs, day camps, baby lab, Akitoi program, and the community. The middle playground is an exclusive use for children in the Akitoi program as well as children in City-sponsored programs. The front playground is a joint use area in front of the Mini Center building. Public access to the joint use playground area in front of the Mini Center building is limited to after hours and weekends when City programs and Akitoi are closed.

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The Director of Akioti is purchasing a new playground structure to be installed on the north side of the Mini Center building adjacent to the Public Works Maintenance Yard, utilizing grant monies at the estimated cost of $62,051.25 per Kaplan Playgrounds' quote #493935. At this time, Akitoi is requesting approval from the City to install a new playground structure on a City property.

The current lease agreement allows for tenant alterations to remain in place when vacating the property. In some instances, the City may desire to revert a portion of the building back to the original configuration. In addition, any alterations to the building and site improvements on the premises require prior written approval by the City before starting construction work. Such alterations must be submitted for approval no later than 30 days prior to the scheduled construction. Lastly, the installation of the playground structure will have to follow the prevailing wage provisions which have been included in the estimate gathered by the Director of Akitoi.

ATTACHMENT(S):

A. Resolution No. 24-175
B. Akitoi Learning Center - Lease 1824 Central Avenue
C. Playground Quote

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Page 1 of 2 ends

ATTACHMENT A
RESOLUTION NO. 24-175

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING THE INSTALLATION OF A NEW

PLAYGROUND STRUCTURE PURCHASED BY AKITOI

LEARNING CENTER, LLC, MINI CENTER TENANT FOR THE
PREMISES AT 1824 CENTRAL AVENUE
WHEREAS, the City of South El Monte (the “City”) entered into a three-year lease agreement with Akitoi Learning Center (Akitoi), LLC for the premises at 1824 Central Avenue which will expire on August 31, 2026; and
WHEREAS, Akitoi desires to install playground equipment at the premises; and WHEREAS, the existing Lease Agreement provides that all tenant alterations (except “trade fixtures”) are to remain in place when vacating the property and shall become property of the City; and
WHEREAS, Akitoi has agreed to surrender ownership of the playground equipment when vacating the premises; and
WHEREAS, pursuant to the existing Lease Agreement, any alterations to the building and site improvements on the premises require prior written approval by the City before starting construction work. Such alterations must be submitted for approval no later than 30 days prior to the scheduled construction.

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

SECTION 1. The above recitals are true and correct.

SECTION 2. The City Council hereby authorizes Akitoi Learning Center, LLC, to install a new playground structure at the Mini Center, located at 1824 Central Avenue.

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

PASSED, APPROVED AND ADOPTED this 28th day of May 2024.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Donna G. Schwartz, City Clerk

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Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-175 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 28th day of May 2024, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

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

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RESOLUTION NO. 23-5

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE LEASE

AGREEMENT BETWEEN THE CITY AND AKITOI
LEARNING CENTER, LLC, FOR THE PREMISES AT 1824

CENTRAL AVENUE

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, on December 1, 2011, Akitoi Learning Center ( Akitoi), LLC, entered into a Lease Agreement with the City for the premises at 1824 Central Avenue which expired on August 31, 2018; and
WHEREAS, on September 12, 2017, Akitoi entered into a new Lease Agreement with the City which will expire on August 31, 2023; and
WHEREAS, the City and Akitoi desire to enter into an amendment to the Lease Agreement to extend the Lease Term for three (3) year; and
WHEREAS, pursuant to the existing Lease Agreement and the proposed amendment, Akitoi' smonthly rent will increase annually by five percent ( 5%) and will result in the following monthly rents: $2, 565.0starting September 1, 2023, $2, 693. 78starting September 1, 2024, and 2, 828. 47starting September 1, 2025; and
NOW, THEREFORE, BE IT RESOLVED that by the adoption of the Resolution, the City of South El Monte herby:

Section 1. Approves an amendment to the Lease Agreement between the City and Akitoi Learning Center extending the Lease Term to August 31, 2026 and approved as to form by the City Attorney.

Section 2. The City Manager is hereby authorized and directed to execute the proposed amendment. The City Manager is further directed to take all actions necessary to effectuate this resolution.

Section 3. The City Clerk shall certify to the passage and adoption of this Resolution PASSED, APPROVED AND ADOPTED this 28t1 day of March, 2023. 1/ 0
Gloria Olmos, Mayor
ATTEST:
nna G. Sc wartz, y Cler
L

ATTACHMENT B

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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF SOUTH EL MONTE
SS:

I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-5, 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 28th day of March 2023 and that said Resolution was adopted by the following vote:

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

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01257.0001/868961.2
AMENDMENT NO. 1

TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE LEASE AGREEMENT (“ Amendment”) by and between the CITY OF SOUTH EL MONTE (“ Landlord”) and AKITOI LEARNING CENTER (“ Tenant”) is effective as of September 1, 2023.

RECITALS
A. Landlord and Tenant entered into a lease agreement for the premises at 1824 Central Avenue on December 1, 2011 which was set to expire on August 31, 2018.

B. On September 13, 2017, Landlord and Tenant entered into a new Lease Agreement which will expire on August 31, 2023 (“ Agreement”).

C. Landlord and Tenant desire to enter into this Amendment No. 1, to extend the Agreement for three years.

D. Tenant’ s monthly rent will continue to increase annually by five percent ( 5%) and will result in the monthly rents detailed below.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

Section 3. Term of Lease
A. The term of this Lease (" Term") shall commence on September 13, 2017 Commencement Date"), and end on August 31, 2018 end on August 31, 2026 (" Termination Date").

B. Subject to paragraph C of this Section 3, Tenant may, exercise one or more options to extend the Term for up to five one- year terms. Such option( s) shall be exercised no later than one month prior to the expiration of the applicable term by written notice to Landlord. Rent for the Extended Term shall be as set forth in the schedule in Section 6. All other terms and conditions of this Lease shall remain in full force and effect during the Extended Term.

2. C.B. Notwithstanding anything to the contrary in this Lease, either party may terminate this Lease for any reason or no reason upon at least 30 days' notice to the other party

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Ofelia Aguilar- Program Director
Digitally signed by Ofelia Aguilar
DN: C=US, OU=CSPP, O=Akitoi Learning
Centero, CN= Ofelia Aguilar,
E=ofelia@akitoilearningcenter. com
Reason: I agree to the terms defined by the
placement of my signature in this document
Location: your signing location here
Date: 2023. 05.01 10:39:38-07'00'
Foxit Reader Version: 10. 1.1
Ofelia
Aguilar
Type text here

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f7
G
akitoi
Learning Center
November 20, 2021
Rachel Barbosa, City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
RE: Our Lease Agreement dated September 13, 2017 for the Premises at 1824 Central Ave., South El Monte, CA 91733
Dear Ms. Barbosa,
This letter is to notify you of our intent to exercise the option to renew the Lease Agreement as described above pursuant to Section 3( b) ofthe Lease Agreement for September 1, 2021 through August 31, 2022.

We will continue to abide by all other terms and conditions ofthe Lease agreement including the provision for payment of rent per Section 6 ofthe Lease Agreement.

Akitoi Learning Center is licensed to serve 96 preschool age children, ofwhich 95% are South El Monte residents. We are also currently in the process of expanding our licensure to serve infant age children in the community.

We look forward to continuing our relationship with the City of South EI Monte to provide high quality services to our community.

If you have any questions or need assistance, please feel free to contact me.

Sincerely,
ORliAguilar, Pro
626) 823- 4702
1824 Central Ave., South El Monte, CA 91733 - ( 888) 551 - 2366

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Paola Lara
From: [email protected]
Sent: Monday, November 22, 2021 2:41 PM
To: Willliam Fox
Cc: Rachel Barbosa; Donna Schwartz; Paola Lara; Christina Navarro; Anisa Hans Subject: RE: Lease Agreement Renewal Confirmation
Attachments: Intent Lease Letter- Signed. pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi, Happy Holidays to you all.

Here is the letter for in response to the annual renewal. If you feel you have any questions, Please feel free to contact me. A hard copy was also provided.

Please reply back when received. Thank you.

Ofelia Aguilar
Program Director
Akitoi Learning Center
1824 Central Ave
5o. El Monte, Ca 91733
626) 283- 5542
Original Message --------
Subject: Lease Agreement Renewal Confirmation
From: Willliam Fox < wfox@soelmonte. orq>
Date: Thu, November 18, 2021 7: 38 am
To: " ofelia@akitoi learn inacenter. com" < ofelia@akitoilearningcenter. com> Cc: Rachel Barbosa < rbarbosa@soelmonte. orq>, Donna Schwartz dschwartz@soelmonte. orq>, Paola Lara < plara@soelmonte. orq>, Christina Navarro < cnavarro( a) soelmonte. orq>
Hi Ofelia,
I want to confirm that you will be continuing the lease for the period of September 1, 2021 through August 31, 2022. Our agreement calls for an annual confirmation. Please note that the new monthly rate is $ 2, 326. 99 effective September 1, 2021. Christina' s billing of November 16t" has a retroactive component for the months of September and October. If you have any questions, please give me a call. Your confirmation on the annual renewal can either be a response to this email or by letter to Rachel Barbosa. Thank you.

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William Fox
Interim Finance Director
Phone: 626- 579-6540, ext.
3251
Mobile: 626- 827- 2445
1415 Santa Anita Avenue
South El Monte, CA 91733
www.cityofsouthelmonte.org
aoo

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September 23, 2020
Ms. Ofelia Aguilar, Program Director
Akitoi Learning Center
1824 Central Avenue
South El Monte, CA 91733
Dear Ms. Aguilar:

SUBJECT: September 22, 2020 City Council, Action Taken
am happy to report that the City Council reviewed your requests for assistance and made a determination. The results are as follows:

The City agrees to fund $ 2, 500 towards the new playground floor matting to be installed.

Funds will be remitted upon notification of a successful installation.

The City agrees to provide the parts and labor to install the shade structure. The City requests that the area of the placement be mutually agreed upon with Jason Perez. He will also verify that the shade structure is fire resistant or has been sprayed with a fire retardant prior to installation.

Since the two improvement requests were approved, the alternative proposal of a twenty four month rent rate freeze was not approved. Effective September 2020, the regularly scheduled monthly lease payment rate of $2, 216. 18 is in effect.

The $ 35, 000 funding request for a summer session was not approved since this timeframe has passed.

Please contact Jayson Perez at 626- 209- 7232 for the coordination of the two approved items and any other matters requiring the City' s attention. We appreciate the work that you do for the community as it provides a solid foundation for our youth. Best of luck to you in these challenging times.

Sincerely,
Rachel Barbosa, City Manager
cc: William Fox, Interim Finance Director
Jayson Perez, Recreation Coordinator
Rene Salas, Deputy City Manager

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CITY OF SOUTH EL MONTE bEftd
1415 N. SANTA ANITA AVENUE Al1-,Ai1 erica CRY
SOUTH EL MONTE, CALIFORNIA 91733
626) 579-6540 - FAX ( 626) 579- 2107
July 08, 2020
Ms, Ofeila Aguilar, Program Manager
Akitoi Learning Center
1824 Central Ave.

South Ei Monte, CA 91733
Dear Ms. Aguilar:

SUBJECT: Lease Agreement Renewal for 1824 Central Avenue The City wants to inform Akitoi Learning Center of our desire to continue with the annual renewal of the lease. The rate that will be in effect starting September 1, 2020 is $ 2, 216, 18 as per the existing payment schedule. The annual amount of the twelve-month lease payments is $ 26,594. 16 ($ 2, 216. 18 x 12 months), This will be placed on the July 28, 2020 City Council Agenda for approval. Should you desire to discontinue leasing the facility, please inform us in writing on or before July 28, 2020 so the item can be removed from the meeting agenda.

In your February V4, 2020 letter, there were four additional requests of the City that are beyond the scope of the existing lease agreement. These requests are as follows:

1. "... Akitoi would like the City to consider providing partial funding the amount of $ 2, 600 to go towards new playground covering, that will end up being a more cost effective alternative then replacing the wood chips every 3 months."

2. " We also require a shade structure and would like the City to install metal poles to affix a sail shade structure to. Akitoi will cover the cost of the sail if the City can provide and install the metal poles.:"

3. " If the City is unable to assist with these two requests, then we respectfully ask that you consider maintaining our rent at its current rate for the next 24 months, which will assist us in implementing the needs ourselves."
4, " We would like the City to consider funding a summer program at Akitoi Learning Center," ",., Our last award was in 2017 when the City paid us $ 36, 036 to offset expenses for running a summer program."
13

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We want to acknowledge the four additional requests that have been made. Unfortunately, we are unable to honor them as part of the annual lease renewal as they are beyond the scope of the existing terms of the agreement in place. Please let me know if you still desire to move forward with any of these additional requests as they will require separate Council action. We look forward to Akitoi Learning Center continuing to operate at the current location and serving our community for many years to come.

Sincerely,
Rachel Barbosa
City Manager
14

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10,
akitoi
Learning Center
February 4, 2020
Rachel Barbosa, City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
RE: Our Lease Agreement dated September 13, 2017 for the Premises at 1824 Central Ave., South El Monte, CA 91733
Dear Ms. Barbosa,
This letter is to notify you of our intent to renew the Lease Agreement as described above pursuant to Section 3( b) of the Lease Agreement,
1 will continue to.abide by ail other terms and conditions of the Lease agreement including the provision for payment of rent per Section 6 of the Lease Agreement.

Akitoi Learning Center currently serves 90 preschool age children, of which 95% are South El Monte residents. We are also currently in the process of expanding our licensure to serve infant age children in the community.

As part of our lease renewal discussions, Akitoi would like the City to consider providing partial funding in the amount of $2, 600 to go towards new playground covering, that will end up being a more cost effective alternative then replacing the wood chips every 3 months. Akitoi will pay for the balance of the installation and materials.

We also require a shade structure and would like the City to install metal poles to affix a sail shade structure to. Akitoi will cover the cost of the sail ifthe City can provide and install the metal poles.

If the City is unable to assist with these two requests, then we respectfully ask that you consider maintaining our rent at its current rate for the next 24 months, which will assist us in implementing these needs ourselves.

We would also like the City to consider funding a summer program at Akitoi Learning Center, which was done for us in 2016 and 2017. Over 50% of our currently enrolled children are 1824 Central Ave., South Cl Monte, CA 91733 • ( 888) 551 - 2366 11

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subsidized under the California State Preschool Program (CSPP) which runs from September -- Juno. There is a need in the community for Akitoi to provide summer care during July and August before the children transition to another program or kindergarten. Our last award was in 2017 when the City, paid us $,36,036 to offset expenses for zunnin& a summer program.

Unfortunately, in 2018 there was no funding available, however .Akitoi respectfully requests to be considered for this important community service.

We look forward to continuing our relationship with the City of South 131 Monte to provide high quality services to our community.

If you have any questions or need assistance, please feel free to contact me, Sincerely,
Ofella Aguilar, Programs Director
626) 823- 4702
1824 Central Ave,, South PI Monte, CA 91733 , ( 888) 551 2366 12

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September 26, 2018
9 ho6dw

CITY OF SOUTH EL MONTE

ALL AMERICA CITY
1415 N. SANTA ANITA AVENUE
SOUTH EL MONTE, CALIFORNIA 91733
626) 579- 6540 • FAX ( 626) 579- 2107
Mrs. Ofelia Aguilar, Director
Akitoi Learning Center
1637 Maxson Road
South EI Monte, CA 91733
Re: Extension of Lease Agreement between the City of South EI Monte and Akitoi Learning Center Dear Mrs. Aguilar:

The Lease Agreement dated September 13, 2017 for Child Care Facilities between the City of South EI Monte and Akitoi Learning Center has expired on August 31, 2018. However, you have notified the City with your correspondence dated August 14, 2018 that you would like to renew the Lease Agreement.

As stated in Section 3( B) of the Agreement — Subject to paragraph C of this Section 3, Tenant may, exercise one or more options to extend the Term for up to five one- ear terms. Such options( s) shall be exercised no later than one month prior to the expiration of the applicable term by written notice to Landlord. Rent for the Extended Term shall be as set forth in the schedule in Section 6. All other terms and conditions of this Lease shall remain in full force and effect during the Extended Term.

For this one year extension as indicated in Section 6, Rent for Option Years — In the event Landlord exercise its option to extend the Lease pursuant to Section 3( B), Tenant shall pay Landlord the following rent:

September 1, 2018 = $ 2, 010. 14
The City looks forward to a continued relationship with Akitoi Learning Center as you provide quality programing to the residents of South EI Monte.

SincereI ,
Je nif E. Vasque
Ci M nager
cc: Carlos Carrazco, Finance Director

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t
r
akitoi
Learning Center
August 14, 2018
Jennifer Vasquez
City of South El Monte
1415 Santa Anita Ave.

South EI Monte, CA 91733
RE: Our Lease Agreement dated September 13, 2017 for the Premises at 1824 Central Ave., South El Monte, CA 91733
Dear Ms. Vasquez,
This letter is to notify you of our intent to renew the Lease Agreement as described above pursuant to Section 3( b) ofthe Lease Agreement.

I will continue to abide by all other terms and conditions of the Lease agreement including the provision for payment ofrent per Section 6 of the Lease Agreement.

We look forward to continuing our relationship with -the City of South EI Monte to provide high quality services to our community.

If you have any questions or need assistance, please feel free to contact me.

Sincerely,
Ofelia Aguilar
1824 Central Ave., South EI h orate, CA 91733 - 888) 551 - 2366

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RESOLUTION NO. 17- 83

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL APPROVING

A LEASE AGREEMENT BETWEEN THE CITY AND AKITOI LEARNING
CENTER FOR THE PREMISES AT 1824 CENTRAL AVENUE

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, on December 1, 2011, Akitoi Learning Center entered into a Lease Agreement with the City for the premises at 1824 Central Avenue; and WHEREAS, Akitoi' s previous Lease Agreement expired on June 30, 2017; and WHEREAS, the City and Akitoi desire to enter into new Lease Agreement for one year and the City has at its discretion the option to exercise one or more options to extend the Term of the Lease Agreement for up to five one- year terms.

WHEREAS, Akitoi' s monthly rent will increase annually by five percent ( 5%) and will result in the following rents: $ 1914. 42 for Year 1, $ 2010. 14 for option year one, $ 2110. 65 for option year two, $ 2216. 18 for option year three, $ 2326. 99 for option year four, and $ 2, 443. 34 for option year five.

NOW, THEREFORE, BE IT RESOLVED that by the adoption of the Resolution, the City of South El Monte herby:

Section 1. Approves a Lease Agreement between the City and Akitoi Learning Center effective September 13, 2017 and expiring on August 31, 2018.

Section 2. The Mayor is directed to execute the proposed agreement, on the terms specified in Section 1 of this Resolution and in the form approved by the City Attorney. The Mayor and City Manager are hereby directed to take all actions necessary to effectuate this resolution.

Section 3. The City Clerk shall certify to the passage and adoption of this Resolution PASSED, APPROVED AND ADOPTED this 12` h day of September, 2017. i 1. _. •_
Olmos, Mayor
ATTEST:

Rose Jua z, City Clerk

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Rose Juarez, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 17- 83, 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 12`h day of September 2017
and that said Resolution was adopted by the following vote:

AYES: Angel, Delgado, Garcia, (Mayor) Olmos
NOES: None
ABSENT: Gonzales
ABSTAIN: None
X#
Rose JuA55, City Clerk

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LEASE FOR CHILD CARE FACILITIES BETWEEN THE

CITY OF SOUTH EL MONTE AND AKITOI LEARNING CENTER
This Lease (" Lease") is entered into as of September 13, 2017 between the City of South El Monte, a California municipal corporation (" Landlord") and Akitoi Learning Center, a sole - proprietorship (" Tenant").

RECITALS
A. Landlord is the owner of certain land, buildings, and improvements located in South El Monte, California, commonly known as 1824 Central Avenue, South El Monte, California ( the " Property").

B. Landlord desires to lease to Tenant and Tenant desires to lease from Landlord a portion of the Property consisting of approximately 6, 000 square feet of interior ground floor space, as well as the entire enclosed outdoor space adjacent thereto, as shown on Exhibit A attached hereto ( the " Premises") for use as a child development center, on the terms and conditions in this Lease.

C. Tenant has occupied the Premises, under lease from Landlord, since December of 2011
For good and valuable consideration, the parties agree as follows:

Section 1. Definitions
As used in this Lease the following terms shall have the following definitions:

A. " Commencement Date" is defined in Section 3.

B. " Event of Default" is defined in Section 27.

C. " Landlord" is defined in the preamble of this Lease.

D. " Lease" is defined in the preamble of this Lease.

E. " Rent" is defined in Section 5.

F. " Premises" is defined in Recital B.

G. " Tenant" is defined in the preamble of this Lease.

H. " Term" is defined in Section 3.

I. " Termination Date" is defined in Section 3.

J. " Trade Fixtures" is defined in Section 22. A.
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Section 2. Lease
A. Landlord leases to Tenant and Tenant leases from Landlord the Premises on the terms and conditions in this Lease. Tenant may use non -reserved parking spaces at the Property at all times throughout the Term at no additional cost, and Landlord shall at all time make sure there is available for the use of Tenant and its employees, suppliers, shippers, customers, contractors and invitees, a sufficient number of parking spaces at the Property. Landlord covenants and agrees with Tenant that upon Tenant' s paying the rental required under this Lease and paying all other charges and performing all of the covenants and provisions aforesaid on Tenant' s part to be observed and performed under this Lease, Tenant shall and may, subject to the rights of the Landlord under this Lease, peaceably and quietly have, hold, and enjoy the Premises in accordance with this Lease without any hindrance, molestation or ejection by Landlord.

B. The term " Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Property and interior utility raceways and installations within the Premises that are provided and designated by the Landlord from time to time for the general non- exclusive use of Landlord, Tenant and other tenants of the Property and their respective employees, suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roadways, walkways, driveways and landscaped areas.

C. Landlord grants to Tenant, for the benefit of Tenant and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Property. Under no circumstances shall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Landlord or Tenant' s designated agent, which consent may be revoked at any time.

D. Landlord or such other person( s) as Landlord may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations (" Rules and Regulations") for the management, safety, care, cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well as for the convenience of other occupants or tenants ofthe Property and their invitees. Tenant agrees to abide by and conform to all such Rules and Regulations, and to use reasonable efforts to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Landlord shall not be responsible to Tenant for the non-compliance with said Rules and Regulations by other tenants ofthe Property.

E. Landlord shall have the right, in Landlord' s sole discretion, from time to time provided such actions do not unreasonably interfere with Tenant' s use and enjoyment of the Premises):
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1. To make changes to the Common Areas, including without limitation, changes in the location, size, shape and number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways;

2. To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available;

3. To add additional buildings and improvements to the Common Areas;

4. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Property, or any portion thereof; and

5. To do or perform such other acts and make such other changes in, to or with respect to the Common Areas and Property as Landlord may, in the exercise of sound business judgment, deem to be appropriate.

Section 3. Term of Lease
A. The term of this Lease (" Term") shall commence on September 13, 2017 Commencement Date"), and end on August 31, 2018 (" Termination Date").

Rent for the Extended Term shall be as set forth in the schedule in Section 6. All other terms and conditions of this Lease shall remain in full force and effect during the Extended Term.

C. Notwithstanding anything to the contrary in this Lease, either party may terminate this Lease for any reason or no reason upon at least 30 days' notice to the other party.

Section 4. Tenant Improvements
All construction work required or permitted by this Lease shall be done in a good and workmanlike manner, and in compliance with all applicable laws and ordinances, regulations, and orders of governmental authority and insurers of the Premises. Tenant may inspect the work of Landlord at reasonable times and shall promptly give notice to Landlord of observed defects.

Section 5. Initial Term Rent
Commencing on the Commencement Date, Tenant shall pay rent to the Landlord 1, 914. 42 per month.
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Section 6. Rent for Option Years
In the event Landlord exercises its option to extend the Lease pursuant to Section 3( B), Tenant shall pay Landlord the following rent:

September 1, 2018 = 2, 010. 14
September 1, 2019 = 2, 110. 65
September 1, 2020 = 2, 216. 18
September 1, 2021 = 2, 326. 99
September 1, 2022 = 2,443. 34
Section 7. Maintenance and Fee
Common Area Operating Expenses" are defined, for purposes of this Lease, as all costs incurred by Landlord relating to the ownership and operation of the Property, including, but not limited to, the following:

A. The operation, repair and maintenance, in neat, clean, good order and condition of the following:

1. The Common Areas and Common Area improvements, including parking areas, loading and unloading areas, trash areas, roadways, parkways, walkways, driveways, landscaped areas, bumpers, irrigation systems, Common Areas lighting facilities, fences and gates, elevators, roofs, and roof drainage systems.

2. Exterior signs and tenant directories.

3. Any fire detection and/ or sprinkler systems.

B. The costs of water, gas, and electricity to the Common Areas and any utilities not separately metered.

C. Trash disposal, pest control services, property management, security services, and the cost of any environmental inspections.

D. Reserves set aside for maintenance and repair of Common Areas.

E. Any deductible portion of an insured loss concerning the Common areas.

F. The cost of any capital expenditure to the Property.

Section 8. Security Deposit
Upon execution of this Lease, Tenant shall deposit with Landlord the sum of One Thousand Five Hundred Dollars ($ 1, 914.42) ( the " Security Deposit") as security for Tenant' s faithful performance of its obligations under this Lease. If Tenant fails to pay rent or otherwise defaults under this Lease, Landlord may use, apply or retain all or any portion of said Security 4-
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Deposit for the payment of any amount due Landlord or to reimburse or compensate Landlord for any liability, expense, loss or damage which Landlord may suffer or incur by reason thereof.

If Landlord uses or applies all or any portion of the Security Deposit, Tenant shall within ten days after written request therefor deposit monies with Landlord sufficient to restore said Security Deposit to the full amount required by this Lease. Landlord shall not be required to keep the Security Deposit separate from its general accounts. Within 14 days after the expiration or termination of this Lease, if Landlord elects to apply the Security Deposit only to unpaid Rent or Maintenance Fees, and otherwise within 30 days after the Premises have been vacated, Landlord shall return that portion of the Security Deposit not used or applied by Landlord. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Tenant under this Lease. Tenant hereby waives the provisions of California Civil Code Section 1950. 7.

Section 9. Use
A. Tenant shall only be permitted to use the Premises for educational and charitable purposes by operating a child development center for families of limited means and other allied operations incident to the conduct of the business, and Tenant agrees not to use the Premises for any immoral or unlawful purpose. Landlord agrees that, subject to the prior reasonable review and approval by Landlord and compliance with all applicable governmental requirements and any signing criteria in any covenants, conditions, and restrictions recorded prior to the date of this Lease, Tenant may erect and maintain on the Premises and the building and improvements on the Property any signs advertising Tenant' s business, as Tenant may desire.

B. Tenant shall not commit any acts on the Premises, nor use the Premises in any manner that will cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises.

C. Tenant shall not commit any waste or any public or private nuisance upon the Premises.

D. Tenant shall not violate any laws, rules, and orders of all federal, state, and municipal governments or agencies that may be applicable to use ofthe Premises.

Section 10. Utilities
During the Term, Landlord shall pay, before delinquency, all charges or assessments for water, sewer, gas, heat, electricity, garbage disposal, trash disposal, and all other utilities and services of any kind that may be used on the Premises, except for Tenant' s telephone charges.

Section 11. Taxes
A. Landlord shall pay to the public authorities charged with the collection on or before the last day on which payment may be made without penalty or interest, all real estate taxes that are assessed against the Premises or arise because ofthe occupancy, use, or possession of the Premises subsequent to the commencement of the Term, and all installments of assessments that are due during the Term.
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B. Landlord shall not be required to pay, discharge, or remove any tax ( including penalties and interest), assessment, tax lien, forfeiture, or other imposition or charge against the Premises or any part of the Premises or any improvements, for such time that Landlord is diligently and in good faith contesting the validity or the legality of the assessment, levy, or charge by appropriate legal proceedings, and so long as Landlord posts the necessary bond or security, to prevent the collection of the tax, assessment, imposition, or charge contested. Tenant agrees that Tenant will, upon the reasonable request of Landlord, at no cost or expense to Tenant, execute or join in the execution of any instrument or document necessary in connection with any proceeding.

C. Tenant shall pay any and all possessory interest taxes payable by Tenant, and Tenant is hereby notified that such taxes may be assessed on Tenant' s leasehold interest hereunder.

Section 12. Condition of Premises
Tenant acknowledges that as of the date of this Lease, Tenant has inspected the Premises and all improvements on the Premises and that, to Tenant' s actual knowledge the Premises and improvements are in good order, repair, and condition.

Section 13. Repairs and Maintenance
A. Landlord shall, at Landlord' s own expense, keep the entire Premises ( both interior and exterior, structural and non- structural), and the remainder of the Property, in good condition and repair, and in compliance with all laws, rules, and orders of all federal, state, and municipal governments or agencies.

B. If at any time during the Term, including renewals or extensions, Landlord fails to maintain the Premises, Tenant may, but shall not be required to, perform the maintenance or make the repairs or replacements for the account of Landlord; any sums expended by Tenant in so doing, shall be immediately due from Landlord on demand of Tenant.

Section 14. Alterations
A. Tenant shall not make any structural alterations to the building and improvements on the Premises, or any alterations that adversely affect utilities, without Landlord' s prior written consent; provided, however, non- structural alterations may be performed upon prior written notice but without Landlord' s consent. Landlord agrees not to unreasonably withhold approval of the alterations that require Landlord' s consent. Approval, however, may be conditioned upon among other things) the receipt by Landlord of a set of plans and specifications for the alterations no later than 30 days prior to the scheduled construction of the alterations, and upon Tenant' s agreement to restore the Premises, if Landlord requires it at the end of the Term, to the same condition as before the alterations. All such alterations performed by Tenant shall be in accordance with applicable laws at Tenant' s own expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by any such alterations performed by Tenant.

Landlord agrees, when requested by Tenant, to execute and deliver any applications, consents, or other instruments required to permit Tenant to do this work or to obtain permits for the work. 12402- 0008/ 207107M. doc

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B. Except as set forth in Section 14.A and excluding all of Tenant' s Trade Fixtures, all alterations and improvements made to the Premises shall become the property of Landlord and shall remain on and be surrendered with the Premises at the expiration or sooner termination ofthis Lease, including any renewals or extensions.

C. At least ten days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered.

Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord' s interest in the Premises from any liens for work and labor performed or materials fiunished in making the alterations; provided, however, that it shall be Tenant' s duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant.

D. Tenant will not at any time permit any mechanics', laborers', or materialmen' s liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant' s agents, contractors, or subtenants, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a letter executed by Tenant assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. Tenant' s right, however, to contest these liens shall not extend beyond the point where Landlord' s title to the Premises could be lost. On final determination of the lien or claim of lien, Tenant will immediately pay any final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant' s own expense. If Tenant fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord.

Section 15. Entry
Tenant shall permit Landlord or Landlord' s agents, representatives, or employees to enter the Premises at all reasonable times and upon reasonable notice to inspect the Premises to determine whether Tenant is complying with the terms of this Lease, to perform maintenance and to do other lawful acts that may be necessary to protect Landlord' s interest in the Premises under this Lease or to perform Landlord' s duties under this Lease.

Section 16. Surrender of Premises; Holding Over
On the Termination Date or the end of any extension or renewal of this Lease, Tenant shall promptly surrender and deliver the Premises to Landlord in as good condition as they are now at the date of this Lease, reasonable wear and tear excepted. 7-
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Section 17. Indemnity
A. Tenant' s Indemnity

1. To the fullest extent permitted by law, Tenant shall indemnify, defend and hold property damage, violation of any applicable Municipal, County, State, and Federal laws and regulations, Court Rules or ordinances, or any other type of loss) sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of services, operations, duties, and other obligations of the Tenant, its officers, agents, employees, representatives, and subcontractors under this Lease.

2. Tenant shall indemnify, defend and hold harmless Landlord, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all tenants, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of work performed by or at the request of Tenant.

3. Tenant shall indemnify, defend, and hold harmless the Landlord, its agents, officers and employees from any and all Tenant employees' Workers' Compensation suits, liability, or expense and will bear the sole responsibility and liability for furnishing Workers' Compensation benefits in an amount and form to meet the State of California' s statutory requirements, to any and all Tenant personnel.

4. Tenant shall indemnify the Landlord, and hold it harmless from any and all loss, damage, costs, and expenses, including reasonable attorney' s fees, suffered or incurred on account of any breach by Tenant of its obligations and covenants set forth in this Lease.

5. The provisions of this indemnification clause shall not be limited to the availability or ability to collect insurance coverage, and shall survive the termination of this agreement.

B. Landlord' s Indemnity

1. To the fullest extent permitted by law, Landlord shall indemnify, defend and hold harmless Tenant, its officers, agents and employees ( collectively hereinafter referred to as " Tenant") from and against any and all demands, debts, liens, claims, losses, damages, liability, costs, expenses ( including, but not by way of limitation, fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, action, or causes of actions whatsoever, for or in connection to any injury, damage or loss ( including, but not limited to bodily injury, death, personal injury, property damage or any other type of loss) sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of the Landlord' s obligations under this Lease.

2. Landlord shall indemnify, defend, and hold harmless Tenant, its agents, officers and employees from any and all Landlord employees' Workers' Compensation suits, liability, or expense and will bear the sole responsibility and liability for furnishing Workers' 12402- 0008/ 207107M. doc

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Compensation benefits in an amount and form to meet the State of California' s statutory requirements, to any and all Landlord personnel.

3. Landlord shall indemnify Tenant, and hold it harmless from any and all loss, damage, costs, and expenses, including reasonable attorney' s fees, suffered or incurred on account of any breach by Landlord of its obligations and covenants set forth in this Lease.

4. The provisions of this indemnification clause shall not be limited to the availability or ability to collect insurance coverage, and shall survive the termination of this agreement.

Section 18. Insurance
PLEASE TAKE NOTICE: Tenant shall provide to Landlord copies of all insurance policies on or before the effective date of this Lease.

A. Without limiting Tenant' s and Landlord' s mutual indemnification and as a material condition of this Lease, Tenant shall procure and maintain for the duration of the Lease and any extended period thereof insurance with limits, coverages, terms and conditions at least as broad as shown below.

1. Commercial General Liability Insurance " occurrence" form to provide defense and indemnity coverage to Tenant, its employees, and Landlord for liability for bodily injury, personal injury, and property damage arising from, including, but not limited to, premises and operations, contractual liability, independent Tenants, products and completed operations, broad form property damage, and broad form liability with a combined single limit of 1, 000, 000 per occurrence, $ 3, 000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy shall be endorsed to name the Landlord as additional insured.

2. Sexual abuse/ molestation insurance. Tenant shall procure and maintain Sexual Abuse/ Molestation Liability coverage with limits of not less than $ 1, 000, 000 per occurrence and $ 3, 000, 000 general aggregate. Coverage may be provided as part of Commercial General Liability coverage, Professional Liability coverage, or as a separate policy.

3. Automobile Liability Insurance to provide defense and indemnity coverage to Tenant, its employees, and Landlord for liability for bodily injury and property damage with a combined single limit of $1, 000, 000 per accident to cover owned, non -owned and hired automobiles if automobiles are used in the operation of program activities. The general aggregate limit shall apply separately to this Lease or the general aggregate shall be twice the required per accident limit.

4. Workers' Compensation Insurance as required by the Labor Code of the State of California or Employers' Liability insurance for: ( 1) bodily injury with accident with limits of $1, 000, 000 each accident; ( 2) disease with limits of $1, 000, 000 per policy limit; and 3) disease with limits of $1, 000, 000 each employee.

5. Automobile Comprehensive and Collision Physical Damage Insurance for Automobiles. The Tenant may commercially insure this risk or self -insure this risk. If u
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commercial insurance is purchased, a " loss payee" endorsement covering the interest of Landlord shall be added onto the policy.

B. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by Landlord. At the option of Landlord, either Tenant shall cause its insurer to reduce or eliminate such deductibles or self-insured retention as respects Landlord; or Tenant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, unless other arrangements have been made and approved by Landlord.

C. Other Insurance Provisions

1. Landlord shall be named as an additional insured on the Comprehensive General Liability, Business Automobile Liability, and Employment Practices Liability policies.

Landlord shall be named as loss payee on the Commercial Crime policies as Landlord' s interest may appear.

2. Tenant' s insurance shall be primary to any other insurance or selfinsurance programs maintained by Landlord, with respect to liability resulting from or connected to Tenant' s acts or omissions, and such coverage shall be provided and maintained at Tenant' s own expense.

3. Tenant shall report all serious incidents, including death and dismemberment, claims and lawsuits as soon as practical, but in no event later than the reporting provisions of governing insurance policies. Any failure to comply with reporting provisions of policies shall not affect coverage provided to Landlord.

4. Tenant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits ofthe insurance.

5. Each insurance policy required by this Lease shall be endorsed to state that except for non-payment of premium, in which case ten calendar days notice of cancellation shall be given, coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after 60 calendar days prior written notice by certified mail, return receipt requested has been given to Landlord."

6. Insurance shall be placed with insurers admitted in the State of California and having a Best rating ofno less that A-: VII.

7. Tenant shall furnish the Landlord with original endorsements and certificates of insurance that are required by this Lease. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Tenant shall provide to Landlord all endorsements and certificates and must be approved by the Landlord prior to funding. The Landlord reserves the right to require complete, certified copies of all required insurance policies at any time. 10-
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8. Tenant shall cause all subcontractors to procure and maintain for the duration of any work, services or operations performed insurance to cover claims for injuries including death), damage, or loss that may arise from or in connection with the performance or nonperformance of work, services, or operations by the subcontractor or any of its officers, agents, employees, representatives, or volunteers.

D. Notification of Claims

1. Tenant shall immediately notify the Landlord in writing . of any and all incidents that result in a serious injury or death of a student, and the time, place and circumstances thereof, including identification of witnesses, if known.

2. A copy of any and all demands, charges, notices, claims, summons, complaints, or other similar legal documents received by Tenant in connection to the services or operations pertaining to this Lease shall immediately be forwarded to the Landlord. As a result of loss, damage or theft the Tenant shall file a claim with its insurance carrier and submit written notice within ten working days to the Landlord' s Risk Manager.

Section 19. Compliance with Civil Rights Laws
Tenant shall comply with the provisions of state and federal civil rights laws which provide that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving State or federal financial assistance.

Section 20. Compliance with Section 504 and the ADA
Tenant shall comply with Section 504 of the Rehabilitation Act of 1973 which provides that no otherwise qualified handicapped individual in the United States shall, solely by reason of the handicap, be excluded from participation in, be denied the benefit or, or be subjected to discrimination under any programs or activity receiving federal financial assistance. In addition, Tenant shall comply with the provisions of the Americans With Disabilities Act ( ADA), provided, however, that any structural repairs to the Premises or the Property required in connection with the ADA shall be performed by Landlord at its sole cost and expense.

Section 21. Compliance with Drug -Free Workplace Act
Tenant must certify that it will provide a drug- free workplace in accordance with the provision ofthe Drug -Free Workplace Act of 1988.

Section 22. Trade Fixtures
A. Tenant shall have the right, at any time and from time to time during the Term and any renewals or extensions, at Tenant' s sole cost and expense, to install and affix on the Premises items for use in Tenant' s trade or business, which Tenant, in Tenant' s sole discretion, deems advisable ( collectively " Trade Fixtures"). Trade Fixtures installed in the Premises by Tenant shall always remain the property of Tenant and may be removed at any time or the expiration of the Term or any extension, provided that any damage to the Premises caused by the 11-
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removal of the Trade Fixtures shall be repaired by Tenant, and further provided that Landlord shall have the right to keep any Trade Fixtures or to require Tenant to remove any Trade Fixtures that Tenant might otherwise elect to abandon.

B. As security for Tenant' s performance of obligations under this Lease, Tenant grants to Landlord a security interest in all Trade Fixtures owned by Tenant and now or later placed on the Premises by Tenant. Any right to remove the Trade Fixtures given Tenant by the provisions of Section 22.A shall be exercisable only if, at the time of the removal, Tenant is not in default in performance of this Lease. Tenant may, however, at any time Tenant is not in default in performance of this Lease, trade in or replace any Trade Fixture, free of the security interest created by this section. This security interest will then attach to the item that replaced the previous Trade Fixture. Upon default under this Lease, Landlord shall immediately have as to the Trade Fixtures the remedies provided to a secured party under relevant sections of the California Uniform Commercial Code.

C. Any Trade Fixtures that are not removed from the Premises by Tenant within 30 days after the Termination Date shall be deemed abandoned by Tenant and shall automatically become the property of Landlord as owner of the real property to which they are affixed and not due to the lien provided to Landlord in Section 22. B.

Section 23. Signs
Tenant shall not place, maintain, nor permit on any exterior door, wall, or window of the Premises any sign, awning, canopy, marquee, or other advertising without the express written consent of Landlord. Furthermore, Tenant shall not place any decoration, lettering, or advertising matter on the glass of any exterior window of the Premises without the written approval of Landlord. If Landlord consents to any sign, awning, canopy, marquee, decoration, or advertising matter, Tenant shall obtain any necessary permits or licenses therefor and maintain it in good appearance and repair at all times during this Lease. At the Termination Date, any of the items mentioned in this section that are not removed from the Premises by Tenant may, without damage or liability, be destroyed by Landlord.

Section 24. Damage and Destruction
A. If the building or other improvements constructed on the Premises are damaged or destroyed, whether partially or entirely, by any cause, Landlord shall repair, restore, or reconstruct the damaged or destroyed building and other improvements so that the condition and quality of the new building and other improvements shall be as near as reasonably possible to the condition and quality immediately prior to the damage or destruction to the extent that proceeds of insurance are available. Damage to or destruction of any portion of the building, fixtures, or other improvements on the Premises by fire, the elements, or any other cause shall not terminate this Lease or entitle Tenant to surrender the Premises or otherwise affect the respective obligations of the parties, any present or future law to the contrary notwithstanding. However, if the building, fixtures, or other improvements on the Premises are totally destroyed or damaged to the extent that the Premises is wholly unsuitable or inadequate for the purposes for which Tenant was using the Premises prior to the destruction or damage, all Minimum Monthly Rent shall abate effective the date of the destruction or damage.
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B. If the Premises are damaged or destroyed in whole or in part and the available insurance proceeds are equal to the cost of repair, less any applicable deductible amount, Landlord shall proceed with due diligence to have plans and specifications prepared, to commence rebuilding, reconstruction, or restoration as promptly as possible after the occurrence ofthe event causing the damage or destruction, and thereafter to diligently complete the work. If the insurance proceeds are not equal to the cost of repair, Landlord may, but shall not be obligated to do whatever may be necessary for the rebuilding, recordation, repair, or restoration of any building or improvements damaged or destroyed at its own cost and expense.

C. Regardless of any contrary provisions in this Lease, if the Premises are damaged or destroyed by any cause to the extent of more than 25% of its insurable value or if the available insurance proceeds are less than the cost to repair, Landlord may, at Landlord' s sole option, terminate this Lease within 90 days of the damage or destruction by giving written notice to Tenant.

Section 25. Condemnation
A. If, during the Term or any renewal or extension, the whole of the Premises shall be taken pursuant to any condemnation proceeding, this Lease shall terminate as of 12: 01 a.m. of the date that actual physical possession of the Premises is taken, and after that, both Landlord and Tenant shall be released from all obligations under this Lease.

B. If, during the Term or any renewal or extension, only a part of the Premises is taken pursuant to, any condemnation proceeding and the remaining portion is not suitable or adequate for the purposes for which Tenant was using the Premises prior to the taking, or if the Premises should become unsuitable or inadequate for those purposes by reason of the taking of any other property adjacent to or over the Premises pursuant to any condemnation proceeding, or if by reason of any law or ordinance the use of the Premises for the purposes specified in this Lease shall become unlawful, then and after the taking or after the occurrence of other described events, Tenant shall have the option to terminate, and the option can be exercised only after the taking or after the occurrence of other described events by Tenant giving ten days' written notice to Landlord, and rent shall be paid only to the time when Tenant surrenders possession of the Premises. Without limiting the generality of the previous provision, it is agreed that in the event of a partial taking of the Premises pursuant to any condemnation proceeding, if the number of square feet of floor area in the portion remaining after the taking is less than 80% of the number of square feet of floor area at the commencement of the Term, Tenant shall, after the taking, have the option to terminate this Lease on ten days' written notice to Landlord, and rent shall be paid only to the time when Tenant surrenders possession of the Premises.

C. If only a part of the Premises is taken pursuant to any condemnation proceeding under circumstances that Tenant does not have the option to terminate this Lease as provided in this Section, or having the option to terminate, Tenant elects not to terminate, then Landlord shall at Landlord' s expense promptly proceed to restore the remainder of the Premises to a selfcontained architectural unit. 13-
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D. Ifthe whole or any part of the Premises are taken pursuant to any condemnation proceeding, then Landlord shall be entitled to the entirety of any condemnation award except that portion allocable to Tenant' s unsalvageable Trade Fixtures.

Section 26. Assignment and Subletting
Tenant shall not assign this Lease or sublease the Premises without the prior written consent of Landlord, which may be withheld in Landlord' s sole and absolute discretion.

Subsequent to any assignment or sublease Tenant shall remain primarily liable for the rental to be paid under this Lease and the performance of all terms and conditions of this Lease. There shall be no change in the use of the Premises without the prior written consent of Landlord, which may be withheld in Landlord' s sole and absolute discretion. Notwithstanding anything to the contrary herein, Tenant shall have the right, without first obtaining the consent of Landlord, to assign the Lease or sublease the Premises or otherwise share or transfer use or occupancy of the Premises to ( a) its affiliates; (b) any entity resulting from a merger or consolidation of Tenant with any organization; ( c) any entity acquiring substantially all of the stock or a substantial portion of the business or assets of Tenant; ( d) any entity succeeding to the business and assets of Tenant; or ( e) any entity which controls, or is controlled by, is under common control with Tenant ( and such affiliates shall have the same rights as Tenant under this paragraph). No change of stock ownership or control of Tenant shall constitute an assignment hereunder.

Section 27. Default
Any of the following events or occurrences shall constitute a material breach of this Lease by Tenant and, after the expiration of any applicable grace period, shall constitute an event of default ( each an " Event of Default"):

A. The failure by Tenant to pay any amount in full when it is due under the Lease, if the failure has continued for a period of five days after Landlord demands in writing that Tenant cure the failure;
B. The failure by Tenant to perform any obligation under this Lease, which by its nature Tenant has no capacity to cure;
C. The failure by Tenant to perform any other obligation under this Lease, if the failure has continued for a period of 30 days after Landlord demands in writing that Tenant cure the failure. If, however, by its nature the failure cannot be cured within 30 days, Tenant may have a longer period as is necessary to cure the failure, but this is conditioned upon Tenant' s promptly commencing to cure within the 30 -day period and thereafter diligently completing the cure. Tenant shall indemnify and defend Landlord against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured;
D. Any of the following: A general assignment by Tenant for the benefit of Tenant' s creditors; any voluntary filing, petition, or application by Tenant under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the Premises by Tenant 14-
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without Landlord' s prior written consent; or the dispossession of Tenant from the Premises other than by Landlord) by process of law or otherwise; E. The appointment of a trustee or receiver to take possession of all or substantially all of Tenant' s assets; or the attachment, execution or other judicial seizure of all or substantially all of Tenant' s assets located at the Premises or of Tenant' s interest in this Lease, unless the appointment or attachment, execution, or seizure is discharged within 30 days; or the involuntary filing against Tenant, or any general partner of Tenant ifTenant is a partnership, of

1. a petition to have Tenant, or any partner of Tenant if Tenant is a partnership, declared bankrupt, or

2. a petition for reorganization or arrangement of Tenant under any law relating to insolvency or bankruptcy, unless, in the case of any involuntary filing, it is dismissed within 60 days;
F. The abandonment ofthe Premises by Tenant.

Section 28. Remedies
Upon the occurrence of an Event of Default, Landlord, in addition to any other rights or remedies available to Landlord at law or in equity, shall have the right to A. Terminate this Lease and all rights of Tenant under this Lease by giving Tenant written notice that this Lease is terminated.

B. Continue this Lease, and from time to time, without terminating this Lease, either Recover all rent and other amounts payable as they become due or

2. Relet the Premises or any part on behalf of Tenant on terms and at the rent that Landlord, in Landlord' s sole discretion, may deem advisable, and apply the proceeds of reletting to the rent and other amounts payable by Tenant. To the extent that the rent and other amounts payable by Tenant under this Lease exceed the amount of the proceeds from reletting, the Landlord may recover the excess from Tenant as and when due. Landlord acknowledges that Tenant may terminate this Lease at any time upon 30 days notice, and therefore Tenant shall have no liability to Landlord for any costs incurred in reletting.

C. Upon the occurrence of an Event of Default, Landlord shall also have the right, with or without terminating this Lease, to re- enter the Premises and remove all persons and property from the Premises. Landlord may store the property removed from the Premises in a public warehouse or elsewhere at the expense and for the account of Tenant.

D. None of the following remedial actions, alone or in combination, shall be construed as an election by Landlord to terminate this Lease unless Landlord has in fact given Tenant written notice that this Lease is terminated or unless a court of competent jurisdiction decrees termination ofthis Lease. If Landlord takes any ofthe previous remedial actions without 15-
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terminating this Lease, Landlord may nevertheless at any later time terminate this Lease by written notice to Tenant.

E. After the occurrence of an Event of Default, Landlord, in addition to or in lieu of exercising other remedies, may, but without any obligation to do so, cure the breach underlying the Event of Default for the account and at the expense of Tenant. However Landlord must by prior notice first allow Tenant a reasonable opportunity to cure, except in cases of emergency, where Landlord may proceed without prior notice to Tenant. Tenant shall, upon demand, immediately reimburse Landlord for all reasonable, actual, out-of-pocket costs, including costs of settlements, defense, court costs, and attorney fees that Landlord actually incurs in the course of any cure.

F. No security or guaranty for the performance of Tenant' s obligations that Landlord may now or later hold shall in any way constitute a bar or defense to any action initiated by Landlord for unlawful detainer or for the recovery of the Premises, for enforcement of any obligation of Tenant, or for the recovery of damages caused by a breach of this Lease by Tenant or by an Event ofDefault.

G. Except where this is inconsistent with or contrary to any provisions of this Lease, no right or remedy conferred upon or reserved to either party is intended to be exclusive of any other right or remedy, or any right or remedy given or now or later existing at law or in equity or by statute. Except to the extent that either party may have otherwise agreed in writing, no waiver by a party of any violation or nonperformance by the other party of any obligations, agreements, or covenants under this Lease shall be deemed to be a waiver of any subsequent violation or nonperformance of the same or any other covenant, agreement, or obligation, nor shall any forbearance by either party to exercise a remedy for any violation or nonperformance by the other party be deemed a waiver by that party of the rights or remedies with respect to that violation or nonperformance.

Section 29. Waiver of Breach
Any express or implied waiver of a breach of any term of this Lease shall not constitute a waiver of any further breach of the same or other term of this Lease; and the acceptance of rent shall not constitute a waiver of any breach of any term of this Lease, except as to the payment of rent accepted.

Section 30. Notices
Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party shall be in writing and shall be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to Tenant at:

Ofelia Aguilar
Akitoi Learning Center
1637 Maxson Road
16-
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South El Monte, California 91733
Attn: Ofelia Aguilar, ( 626) 448- 6943
or to Landlord at:

City of South El Monte
1415 Santa Anita Avenue
South El Monte, California 91733
Attn: Jennifer Vasquez, City Manager
Either party, Tenant or Landlord, may change the address for the purpose of this Section by giving written notice of the change to the other party in the manner provided in this Section.

Section 31. Heirs and Successors
This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant.

Section 32. Partial Invalidity
Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease shall remain in effect, unimpaired by the holding.

Section 33. Entire Agreement
This instrument constitutes the sole agreement between Landlord and Tenant respecting the Premises, the leasing of the Premises to Tenant, and the specified lease term, and correctly sets forth the obligations of Landlord and Tenant. Any agreement or representations respecting the Premises or their leasing by Landlord to Tenant not expressly set forth in this instrument are void.

Section 34. Time of Essence
Time is of the essence in this Lease.

Section 35. Rent
All monetary obligations of Tenant to Landlord under the Lease shall constitute rent.

Section 36. Amendments
This Lease may be modified only in writing duly executed by the parties.

Section 37. Merger
The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation of the Lease, or a termination by Landlord, shall not work a merger, and shall, at the option of 17-
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Landlord, terminate all or any existing subtenancies or may, at the option of Landlord, operate as an assignment to a Landlord of any ofthe subtenancies.

Section 38. Governing Law
This Lease shall be governed by and construed in accordance with California law.

Section 39. No Brokerage Commission
Each party agrees and acknowledges that no commission is due any real estate broker in connection with this Lease.

Section 40. Recording
Upon request by Landlord, Tenant shall execute, acknowledge and return to Landlord a recordable Memorandum of Lease evidencing the Lease, for recording. 18-
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of South El Monte,
a California municipal corporation
By: Vk l
N e: J fer E. Vasqu
Tit;: Ci Manager
ATTEST:

By: (;) S—, —
Ro uar z
Title: City Clerk
APPROVED AS TO FORM:

By: ; Qe. Quinn
M
M. Barrow
Title: City Attorney
Consultant:

Akitoi Learning Center
By: " 044j4
Name: Ofelia Ayuilar
Title: Director
Name:

Title:

PROOF OF AUTHORITY TO BIND CONTRACTING

PARTY REQUIRED
19-
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EXHIBIT A

SITE PLAN
20-
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Page 150 of 394 ends

CITY OF SOUTH EL MONTE
fl 1415 N. SANTA A AVENUE
SOUTH EL MONTE, CALIFORNIALI 91733
ACMI (
626) 579- 6540 FAX ( 626) 579- 2107
I
August 1312014
Mrs. Ofelila Aguilar, Director
Akitoi Learning Center
1824 Central Avenue
South EI Monte, CA 91733
Re: Lease for Child Care Facilities between the City of South EI Monte and Aguilar Family Child Care Dear Mrs. Aguilar:

Pursuant t
I
o the Lease for Child Care Facilities between the City of South EI Monte and Aguilar Family Child Care, Section 3, Term of Lease, this letter is to acknowledge the continue Term for an additional four years, commencing July 1, 2014.

Due to inconsistence attendance, the rents for the Option Year 2, commencing July 1, 2014 and ending June 30, 2015 is $ 1, 653. 75. Commencing July 1, 2015 and ending June 30, 2016, the rents for the Option Year 3 will be $ 1, 736.44; and for the Option Year 4, commencing July 1, 2016 and ending June 30, 2.017 the rents will be $ 1, 823.26.

The City looks forward to a continue relationship with Aguilar Child Care tin providing quality programing to the residents of South EI Monte at the Akitoi Learning Center.

Sincerely,
Anthony i Ybarra
City Manager
Cc: George Munoz, Recreation Supervisor
Joe Nocella, Finance Director

Page 151 of 394 ends

ok A11%
1t01
Learning Center
December 18, 2013
Mr. George Munoz
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
CITY OF SOUTH EL- MONT. -t.

CITY CLERK S OFFICE, .
80 .DEC 19 P 123 25
I,
RE: Our Lease Agreement dated December 13, 2011 for the Premises at 1824 Central Ave., South El Monte, CA 91733
Dear Mr. Munoz,
This letter; is to notify you of our intent to renew the Lease Agreement as described above pursuant to Section 3( b) of the Lease Agreement.

I will continue to abide by all other terms and conditions of the Lease agreement including the provision for payment of rent per Section 6 of the Lease Agreement. we look forward to continuing our relationship with the City of South El Monte to provide high quality services to our community.

If you have any questions or need assistance, please feel free to contact me.

Sincerely,
Ofelia Aguilar
1824 Central Ave., South El Monte, CA 91733 - ( 888) 551- 2366

Page 152 of 394 ends

0—
akitoi
Learning Center
Augus ; 02, 2016
Mr. Anthony Ybarra
City o South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733

CCITYC L
FFICE
rE
1016 AUG _ 2 P _1.;32
RE: Name Change for Aguilar Family Child Care Business- for the Premises at 1824 Central Ave., South El Monte, CA 91733
Dear Mr. Ybarra,
This letter is to notify you of business name change. Aguilar Family Child Care- Ofelia Aguilar.

Now is Akitoi Learning Center. Public records documents are included to justify change.

I will continue to abide by all terms and conditigns ofthe Lease agreement including the provision for payment of rent per Section 6 ofthe Lease Agreement now under Akitoi Learning Center.

We look forward to continuing our relationship with the City of South El Monte to provide high quality, services to our community.

If you have any questions or need assistance, please feel free to contact me.

Sincerely,
q
C is Aguilar
L
1824 Central Ave., South El Monte, CA 91733 • ( 888) 551- 2366 I
I Page 153 of 394
YOUR RETURNMAILING2012 029866 ADDRESS
NAME: Ofelia Aguilar FILED
ADDRESS: 1637 Maxson St. Feb 22 2012
CITY: South EI MonteSTATE: CA ZIP CODE: 91733
ecn C. Lcge, RcgI' Iw- Racn7cdC4LWyCkdr
Fledmnlarlr clgnd by MHALL BARON

FICTITIOUS BUSINESS NAME STATEMENT
TYPE OF FILING AND FILING FEE ( Check one)
Original- $ 26. 00 ( FOR ORIGINAL FILING WITH ONE BUSINESS NAME ON STATEMENT) New Fillings- $ 26.00 (CHANGES IN FACTS FROM ORIGINAL FILING -REQUIRES PUBLICATION) Refile- $ 26. 00 ( NO CHANGES IN THE FACTS FROM ORIGINAL FILING)

5. 00• FOR EACH ADDITIONAL BUSINESS NAME FILED ON SAME STATEMENT, DOING BUSINESS AT THE SAME LOCATION $$. 00- FOR EACH ADDITIONAL OWNER IN EXCESS OF ONE OWNER The following person(s) is (are) doing business as:
1 Akitoi Learning Center
2 Print Fictitious Business Name( s)
1824 Central Ave. I
Street address of principal place of business Mailing address if different South EI Monte CA 91733 Los Angeles I
City Slate Zip COUNTY City State Zip
Articles of Incorporation or Organization Number (if applicable): AINON REGISTEREID OWNER( S):

Ofelia Aguila9 2
Full Name/ CorpAiC ( P. O. Box not accepted)
1637 Maxsori St.

Residence Address
South EI Monte CA 91733
City State Zip
It Corporation or LLC — Print State of Incorporation/ Organization Full Name/ Corp1LLC ( P_O. Box not accepted)
Residence Address
City State Zip
If Corporation or LLC — Print State of IncorporationfOrganization

3. 1 4.

Full Name/ Corp/LLC ( P.O. Box not accepted) Full Name/ Corp/LLC (P. O. Box not accepted) I
Residence AddreResidence Address
City Stale Zip City Stale Zip
If Corporation or LLC — Print State of Incorporation/Organization If Corporation or LLC — Print Stale of Inwrporation/ Organizalion

IF MORE THAN FOUR REGISTRANTS, ATTACH ADDITIONAL SHEET SHOWING OWNER INFORMATION THIS BUSINESS IS CONDUCTED BY: ( Check ane)
0 an Individual o a General Partnership a Limited Partnership o a Limited Liability Company o an Unincorporated Association other than a Partnership a Corporation a Trust Copartners o Husband and Wife Joint Venture o State or Local Registered Domestic Partners a Limited Liability Partnership k k
The registrant commenced to transact business under the fictitious business name or names listed above on nla Insect. WA above If you haven' tstarted to transact business) I declare that ail information in this statement is true and correct.

A registrant who declares as true information which he or she knows to be false is guilty of a crime.) REGISTRAF(T/ CORPA.LCINAME (PRINT) Ofella Aguilar
THE FILING OF THIS STATE . 51707 bi* tYSELF AOTI
UNDER FEDERAL, STATE, O a ; LA SEE' SECTIOfC
IHEREBYCERTIFY 7THIS COPYISA- COF
E -
4 DEAN C. LOGAN. I. O , AN6Ei E COUNTY i
Rev. 09= 10 P. O BOlt: 1 Q8; NOR ALK,., C-.

TITLE Owner

IF CORP OR LLC, PRINT NAME
alsa " at & 111371, ofwmdirt or manager, I
rthe filed _ slliftainWeuooernnhtcomer. , a tr

EXPIRES

BE FILED BEFORE THE
HE' USE IN pip - STATE QF A FICTITIOUS. BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER SEQ., BUSINESS AND PROFESSTOiVS CODE).

OPY OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE.
rrj1: 1', 3; r,.:.'....°! Sr,, . Deputy
Hilt sf. Ii$' 1
1208 P: FI:` ) l55 , 482= 2i7!"" WEB ADDRESS: LAVOTE. NET

REGISTRANT SIGNATURE
If corporation, also pri title a
This statement was 61edvillh the bf t flS.d1NGELE
NOTICE — IN ACCORDANCE- SIGN (a) F SEC
WHICH IT WAS FILED IN THE' 7HEOt7NTY; CLE

IN THE FACTS SET FORTH IN
OF A REGISTERED OWNER.

EM . ' PURSUA
TIb1,16u
NT
TIBUSINES;
THE FILING OF THIS STATE . 51707 bi* tYSELF AOTI
UNDER FEDERAL, STATE, O a ; LA SEE' SECTIOfC
IHEREBYCERTIFY 7THIS COPYISA- COF
E -
4 DEAN C. LOGAN. I. O , AN6Ei E COUNTY i
Rev. 09= 10 P. O BOlt: 1 Q8; NOR ALK,., C-.

TITLE Owner

IF CORP OR LLC, PRINT NAME
alsa " at & 111371, ofwmdirt or manager, I
rthe filed _ slliftainWeuooernnhtcomer. , a tr

EXPIRES

BE FILED BEFORE THE
HE' USE IN pip - STATE QF A FICTITIOUS. BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER SEQ., BUSINESS AND PROFESSTOiVS CODE).

OPY OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE.
rrj1: 1', 3; r,.:.'....°! Sr,, . Deputy
Hilt sf. Ii$' 1
1208 P: FI:` ) l55 , 482= 2i7!"" WEB ADDRESS: LAVOTE. NET

Page 154 of 394 ends

South El Monte City CouncilMay 28, 2024

South El Monte City Council
May 28, 2024