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
Sabrina Muhne, Interim City
Clerk/Secretary
Masami Higa, Director of
Finance/Treasurer
CITY OF SOUTH EL MONTE
ADJOURNED REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AND THE SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT
DISTRICT
AGENDA
July 30, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
PUBLIC COMMENT
To participate during public comment via teleconference, see below:
Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or call in: 1 669 900 6833, when prompted, enter 86581711880#
LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 at least 72 hours prior to the meeting.
GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.
MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.
POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).
Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.
VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday, 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.
ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:
Sabrina Muhne, Interim City Clerk
Ph (626) 579-6540
Cell (626) 374-1998
Robert Molina, Interim Deputy City Clerk
Ph (626) 579-6540
Cell (626) 816-2907
AGENDA BEGINS ON THE FOLLOWING PAGE
1. ROLL CALL
Councilmembers: Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
2. PLEDGE OF ALLEGIANCE
Councilmember Manuel Acosta
3. INVOCATION
Pastor Benjamin Garrett, Faith Dominion Church
4. PRESENTATIONS
4.a. Proclamation Proclaiming the Month of July 2024 as Parks Make Life Better Month
4.b. Presentation by Valle Lindo School District Parent Teacher Organization
4.c. Sheriff's Department Report for the Month of June 2024
4.d. Code Enforcement and Public Safety Department Report for the Month of June 2024
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.
6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.
Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
7.a through 7.d. next page
CONSENT CALENDAR (CONTINUED)
7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF JULY 9, 2024
Staff is requesting approval of Minutes for the July 9, 2024, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the July 9, 2024, Regular City Council Meeting.
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-201, APPROVING WARRANTS FOR THE PERIOD OF JULY 10, 2024,
THROUGH JULY 23, 2024
Authorizing payment of City expenditures for the period of July 10, 2024, through July 23, 2024, totaling $1,286,564.55.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-201, authorizing payment of City expenditures.
7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-202,
APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH EL
MONTE AND KIMLEY-HORN AND ASSOCIATES, INC. FOR
ENVIRONMENTAL SERVICES
Consideration and approval of a resolution to extend and modify the existing third-party review contract with Kimley-Horn and Associates, Inc. ("Consultant") to complete an environmental initial study previously started by the applicant's environmental consultant for 2222 Rosemead Boulevard.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-202, approving the agreement for environmental contract services between the City and Kimley-Horn and Associates, Inc.; and
2. Authorize the City Manager or designee to execute the agreement.
7.d. CONSIDERATION AND APPROVAL FOR AUTHORIZATION TO
SOLICIT REQUEST FOR PROPOSALS (RFP) FOR THE
ADMINISTRATION OF THE CALHOME OWNER-OCCUPIED HOME
REPAIR PROGRAM AND THE FIRST TIME HOMEBUYER'S PROGRAM
Staff seeks City Council approval to issue an RFP to establish a prequalified list of individuals and/or firms to administer and implement the CalHome Owner-Occupied Home Repair Program and the Permanent Local Housing Allocation (PLHA) First Time Home Buyer Program.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to establish a pre-qualified list of individuals and/or firms to administer and implement the CalHome Owner-Occupied Home Repair program and the First Time Home Buyer Program.
7.e. through 7.g. next page
CONSENT CALENDAR (CONTINUED)
7.e. CONSIDERATION AND APPROVAL FOR AUTHORIZATION TO
SOLICIT REQUEST FOR PROPOSALS (RFP) FOR THE
FORECLOSURE REGISTRATION PROGRAM OF ABANDONED
PROPERTIES
Consideration for authorization to issue a request for proposals (rfp) to establish proposals list of qualified firms to administer the foreclosure registration program of abandoned properties.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to establish a pre-qualified list of firms to administer and monitor foreclosures in the City.
7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-203,
UPDATING THE COMPENSATION SCHEDULE OF SEASONAL,
HOURLY POSITIONS OF POOL MANAGER, ASSISTANT POOL
MANAGER, WATER SAFETY INSTRUCTOR, AND LIFEGUARD
Approval of Resolution 24-203 will update the compensation schedule of the seasonal, hourly positions of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-203, updating the compensation schedule of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard by increasing the hourly rate by $3.00, respectively.
7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-204,
APPROVING APPOINTMENT OF COMMISSIONERS TO THE
PATRIOTIC COMMISSION
Vacancy appointments to be made to the Patriotic Commission, which is a five-member commission with currently two (2) vacant positions. The current terms expire on December 31, 2024.
RECOMMENDED ACTION: Staff recommends City Council consider Mayor Olmos' appointment of David Flores and Rosemary R. Tavera, seeking appointment to the Patriotic Commission for the remainder of the term commencing July 30, 2024, through December 31, 2024.
7.h. and 7.i. next page
CONSENT CALENDAR (CONTINUED)
7.h. CONSIDERATION AND APPROVAL OF A BIKE RIDE TO CELEBRATE
WOMEN AND GIRLS
Staff is requesting City Council's approval to organize an All-Women and Girls Bike Ride. The proposed event date is Saturday, September 21st, meeting at 8:30 AM at the South El Monte Community Center.
RECOMMENDED ACTION: Staff recommends City Council:
1. Approve the All-Women and Girls Bike Ride to be held on Saturday, September 21st meeting at 8:30 AM at the South El Monte Community Center; and
2. Approve allocating $950.00 from the City's Special events account 01-151-1543-5952 to host the event.
7.i. CONSIDERATION AND APPROVAL FOR AUTHORIZATION TO
SOLICIT REQUEST FOR PROPOSALS (RFP) FOR A THIRD-PARTY
INDEPENDENT REVIEW OF AN ENVIRONMENTAL IMPACT REPORT
AND RELATED TECHNICAL STUDIES IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City of South El Monte is requesting proposals from qualified professional firms to provide the City with a peer review of an Environmental Impact Report (EIR) and related technical studies.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to provide peer review of an Environmental Impact Report (EIR) and related technical studies RFP substantially in the form attached to the agenda report, subject to minor revisions by the City Attorney, and authorize the City to solicit proposals.
7.j. next page
CONSENT CALENDAR (CONTINUED)
7.j. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-207,
DESIGNATING UNCLASSIFIED SERVICE, ADOPTING UPDATED
CLASS SPECIFICATIONS, AND CONSENTING TO APPOINTMENT OF
SENIOR EXECUTIVE ASSISTANT/COMMUNITY LIAISON AND
RESOLUTION NO. 24-208, ADOPTING COMPENSATION AND
BENEFITS FOR DESIGNATED UNREPRESENTED EMPLOYEES
Adoption and Approval of the attached Resolution No. 24-207, and Resolution No. 24-208 would confirm that the Senior Executive Assistant/Community Liaison Classification is at-will, make updates to the class specifications for this position, confirm the appointment of Dianna Gomez in this position, and establish the benefits for this position.
RECOMMENDED ACTION: Staff recommends City Council:
1. Staff recommends City Council approve Resolution No. 24-207 and Resolution No. 24-208.
8. PUBLIC HEARINGS
8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-205,
APPROVING THE ANNUAL LEVY OF THE SEWER SERVICE FEE FOR
FISCAL YEAR 2024-25
The City's sewer service fee (the "Fee") must first be approved by the City Council each year, after holding a Public Hearing on said Fee, in order to levy a Fee for the next fiscal year on all parcels in the City for the funding of improvements needed to upgrade the City's sanitary sewer system (“System”), and to have the Fee collected on the tax roll in the same manner, by the same person, and at the same time as the general taxes of the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Conduct a public hearing;
2. Take public testimony;
3. Adopt the written report; and
4. Adopt Resolution No. 24-205, adopting the Written Report and approving the annual levy of the Sewer Service Fee for Fiscal Year 2024-25 at $35.37 per sewer unit.
9. GENERAL BUSINESS
9.a. CONSIDERATION AND APPROVAL OF THE CITY'S 2025 FOURTH OF
JULY CELEBRATION
The Fourth of July Celebration is traditionally hosted on the actual July 4th date, regardless of the day of the week. In preparation for the 2025 Fourth of July Celebration, staff has gathered information from different fireworks show companies and is presenting two date options for the 2025 Fourth of July Celebration.
RECOMMENDED ACTION: Staff recommends City Council discuss and provide direction on the proposed date for the 2025 Fourth of July Celebration.
9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-206,
SUBMITTING A BUSINESS LICENSE TAX MEASURE TO THE
VOTERS AT THE NOVEMBER 5, 2024, GENERAL MUNICIPAL
ELECTION AND INTRODUCTION OF ORDINANCE NO. 1273
RELATING TO BUSINESS LICENSING PROCEDURES
Staff requests City Council take actions to submit a business license tax measure to the voters at the November 5, 2024, election and to introduce an ordinance regarding business licenses.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the adoption of the ordinance is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§ 21000 et seq.) and CEQA Guideline 15378(b)(4);
2. Adopt Resolution No. 24-206 Submitting a Business License Tax Measure to the Voters at the November 5, 2024, General Municipal Election, Reiterating the City’s Request that the Election be Consolidated with Other Elections Held on that Date and Taking Certain Related Actions; and
3. Introduce and Waive First Reading of Ordinance No. 1273 Adding Chapter 5.02 to Title 5 of the Municipal Code, Relating to Business Licensing Procedures.
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 SOUTH EL MONTE AMERICAN YOUTH SOCCER
ORGANIZATION REQUESTING A FACILITY FEE WAIVER FOR THE
USE OF DEAN L. SHIVELY PARK FIELD AND CONSIDERATION TO
WAIVE THE LIGHT FEES ASSOCIATED WITH THE RESERVATION
The South El Monte American Soccer Youth Organization ("AYSO") is requesting a facility fee waiver for the use of the Dean L. Shively Park ("Shively") field to host their 2024–2025 season's practices and games. In addition, AYSO is also requesting that the City Council consider waiving the Shively Park light fees associated with the reservation.
RECOMMENDED ACTION: Staff recommends City Council:
1. Discuss and consider the facility fee waiver request for the use of Shively Park field in the amount of $44,075.00; and
2. Discuss and consider the request to waive the reservation light fees at Shively Park in the amount of $13,950.00.
11.b. LETTER FROM SOUTH EL MONTE VETERANS SENIOR BASEBALL
TEAM REQUESTING A FACILITY WAIVER FOR THE USE OF THE
BASEBALL FIELD AT DEAN L. SHIVELY PARK
The South El Monte Veterans Senior Baseball ("SEM Veterans") team is requesting a facility fee waiver for the use of Dean L. Shively ("Shively") Park to host their 2025 baseball season's games.
RECOMMENDED ACTION: Staff recommends City Council discuss and consider the facility fee waiver requested by SEM Veterans Baseball in the amount of $5,225.00.
12. COUNCILMEMBERS’ AGENDA
12.a. Councilmember Hector Delgado
Discussion and direction regarding the possibility of a new ¼ cent city sales tax to counter proposed ½ cent sales tax initiative on Affordable Housing, Homelessness Solutions and Prevention Now measure to be submitted to the voters at November 2024, ballot.
RECOMMENDATION: Discussion and/or action.
13. CLOSED SESSION
13.a. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL
INITIATION OF LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – (two cases)
13.b. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL
EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) - One Case
13.c. and 13.d. next page
CLOSED SESSION (CONTINUED)
13.c. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Employees Association
13.d. 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.
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.
CONSENT CALENDAR (CONTINUED)
19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR JUNE 25, 2024
Staff is requesting approval of the Minutes of the June 25, 2024, Successor Agency Meeting.
RECOMMENDED ACTION: Staff is requesting approval of the Minutes of the June 25, 2024, Successor Agency Meeting.
20. EXECUTIVE DIRECTOR'S AGENDA
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
22. RECONVENE AND ADJOURN COUNCIL MEETING
Adjournment in Memory of Mr. Jack Owens, to a regular meeting on Tuesday, September 10, 2024, at 6:00 p.m.
I, Sabrina Muhne, 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 July 25, 2024.
Sabrina Muhne
City Council Agenda Report
Agenda Item No. 4.a.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Proclamation Proclaiming the Month of July 2024 as Parks Make Life Better Month
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. July 2024 - Proclamation
City Council Agenda Report
Agenda Item No. 4.b.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Presentation by Valle Lindo School District Parent Teacher Organization
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.c.
DATE: July 30, 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 June 2024 SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. S El Monte June 2024 Presentation
South El Monte
June 2024
Crime Statistics
South El Monte
Part I Crime Statistics – June 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 0% -80%
Aggravated Assault -19% -38%
Robbery -44% -33%
Burglary -26% -15%
Theft -22% -5%
Grand Theft Auto -22% -14%
Arson 0% 0%
Total -24% -15% Page 17 of 389
South El Monte
Part I Crime Statistics – June 2020-2024
South El Monte
Part I Crime Statistics – Monthly Breakdown 2024
& Arrests
2023 515
2022 645
Arrests
2024 508
2023 515
South El Monte
Res Burg 9
Other Burg 78
Petty Theft 37
Grand Theft 74
Theft from Vehicle 35
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 0 0 0 0
Rape 0 0 0 0 0 1 1
Aggravated Assault 4 5 4 3 6 4 26
Robbery 5 2 1 1 1 0 10
Burglary 14 6 8 19 23 17 87
Theft 24 25 32 22 23 20 146
Grand Theft Auto 6 11 7 13 13 6 56
Arson 0 0 0 1 1 1 3
Total 53 49 52 59 67 49 0 0 0 0 0 0 329
City Council Agenda Report
Agenda Item No. 4.d.
DATE: July 30, 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 June 2024
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION:
ATTACHMENT(S):
A. Code Enforcement_Public Safety Report for June 2024
City of South El Monte
Public Safety Report
June 2024 Recap
Joe Martinez
Code Enforcement / Public Safety
Supervisor
Code Enforcement Cases
June - 109
Building Code.………………………………. 4
Business……………………………………... 5
Graffiti ( Private Property)..…………. 14
Health & Safety……………………………. 7
Homeless .………………………………….. 3
Illegal Dumping/Bulk ………………….. 14
Parking Citations…………………………. 13
Prohibited Animals …………………….. 1
Property Maintenance.……………….. 30
Street Vendors……………………………. 2
Streets/Public Places……………………8
Vehicle/Traffic….…………………………..3
Zoning…………………………………………. 5
Parking Citations
June – 497 * Number of Citations issued differs from number of violations listed 0 20 40 60 80 100 120
80" W PARKED OVER 30 MIN
POSTED SIGNS
DISCONNECTED TRAILER
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
* JUNE VIOLATIONS
14 34
10 3
1 25
2 15
3 12
13 101
0 1
20 Night Day - Residential
0 50
100
150
200
250
(0)
(278)
STREET SWEEPING –
278
Night
Day -
Residential
Parking Citations
June Continued -
0 2 4 6 8 10 12
TIME (2)HR PARKING
ON CROSS WALK
YELLOW/GREEN/WHITE
NO PARKING- OPPOSITE SIDE OF STREET
BLOCKING ACCESS RAMP
ALLEY PARKING
FAILURE TO DISPLAY DISABLE PLACARD
PARKING NEAR SIDEWALK ACCESS RAMPS
LICENSE PLATE DISPLAY (FRONT/REAR)
* JUNE VIOLATIONS
1 2
2 10
0 0
3 2
11 Violations
4 th of JULY
Fireworks Update
12 Total Citations Issued
12 Citations issued on July 4th
7 Citations Paid
5 Citations Unpaid
Illegal
Fireworks
Confiscated
7/4/2024
City Council Agenda Report
Agenda Item No. 7.a.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF JULY 9, 2024
SUMMARY: Staff is requesting approval of Minutes for the July 9, 2024, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the July 9, 2024, Regular City Council Meeting.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT Reg CC Mtg Minutes 7-9-24
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, July 9, 2024 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:01 P.M.
The Interim City Clerk made an announcement that Pursuant to Government Code Section 54953, subdivision (b), the following City Council meeting includes teleconference participation by Councilmember Delgado from 1627 Penn Mar Avenue, South El Monte, CA 91733; and Mayor Pro Tem Bojorquez from 1456 Allgeyer Avenue, South El Monte, CA 91733.
1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Angel, and Mayor Olmos PRESENT VIA ZOOM: Councilmember(s): Delgado, Mayor Pro Tem Bojorquez ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Iyob Tessema, Director of Human Resources & Risk Management; John Poehler, Director of Public Works; Sabrina Muhne, Interim City Clerk; Renee Reyes, Community Development Executive Assistant.
STAFF ABSENT: Masami Higa, Director of Finance; Guillermo Arreola, Director of Community Development; Robert Molina, Interim Deputy City Clerk.
STAFF PRESENT VIA ZOOM: Ariana De La Cruz, Director of Community Development.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Councilmember Angel led the Pledge of Allegiance.
3. INVOCATION – Father Gilbert Cruz, Epiphany Catholic Church, offered the invocation.
4. PRESENTATIONS
4.a. Presentation of Plaque to Jesus Meza, Band Director, Dean L. Shively Middle School, for his outstanding dedication and active participation in numerous community events.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Motion by Councilmember Angel, seconded by Councilmember Acosta, to approve the agenda. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT – None
Mayor Olmos opened public comment.
1. Sil Ruiz, Library Manager, South El Monte Library, announced Smarty Pants Storytime on Friday, Computer Basics for Kids on Saturday, that library programs can be searched for online, and that all programs for the month will be listed and able to register for online.
There being no further public comment, Mayor Olmos closed public comment.
7. CONSENT CALENDAR
Motion by Councilmember Angel, seconded by Councilmember Acosta, to approve the Consent Calendar. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved the amended Minutes for the June 11, 2024, Regular City Council Meeting.
7.b. Approved the Minutes for the June 25, 2024, Regular City Council Meeting.
7.c. Authorized payment of City expenditures for the period of June 26, 2024, through July 9, 2024, totaling $2,473,945.54.
7.d. Approved Resolution 24-198 approving the 5-Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029; and authorized the City Manager to execute the 5-Year Agreement on behalf of the City.
CONSENT CALENDAR (CONTINUED)
7.e. Adopted Resolution No. 24-199, awarding a Construction Contract to Condor, Inc. for the replastering of the City’s Aquatics Center Swimming Pools in the amount of $507,000.00; adopted and approved the plans and specifications for the Aquatics Center Swimming Pool Replastering Project; awarded the Aquatics Center Swimming Pool Replastering Project contract to the lowest responsible bidder in an amount of $507,000.00 (base bid + additive alternate bid) to Condor, Inc. and authorized the City Manager to execute the contract; and authorized 10% of the total contract amount as contingency allowance to be used if necessary for unforeseen conditions at the City Manager’s discretion.
7.f. Ratified the City Manager’s execution of Contract Change Order #1 with JJJ Floor Coverings, Inc. for the installation of a moisture barrier, in the amount of $8,167.00; authorized an additional 15.5% of the additional construction contract amount, totaling $6,769.31, for unforeseen conditions that occurred during construction; adopted Resolution No. 24-200, accepting the completion for the Senior Center Flooring Improvements Project; authorized City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office; and released retention accordingly.
8. PUBLIC HEARINGS – None
9. GENERAL BUSINESS – None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the South El Monte/El Monte Chamber of Commerce Annual Installation and Awards Banquet and congratulated all award recipients, the Summer Night Market, the San Gabriel Valley Legislative Networking Reception, the Independence Day Fireworks Festival at the South El Monte High School, the 4th of July Celebration at New Temple Park, and the Senior Center’s 4th of July Luncheon.
Mayor Pro Tem Bojorquez announced he attended the following: the Summer Night Market, the Independence Day Fireworks Festival at the South El Monte High School, and the Senior Center’s 4th of July Luncheon.
Councilmember Delgado announced he attended the following: the Summer Night Market, the Independence Day Fireworks Festival at the South El Monte High School, the Senior Center’s 4th of July Luncheon, and the 4th of July Celebration at New Temple Park.
Councilmember Angel announced he attended the following: the South El Monte/El Monte Chamber of Commerce Annual Installation and Awards Banquet and congratulated all award recipients, the Summer Night Market, the 4th of July Celebration at New Temple Park, and the Senior Center’s 4th of July Luncheon.
COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS (CONTINUED) Mayor Olmos announced she attended the following: Los Angeles County Sanitation Districts Board Meeting, the South El Monte/El Monte Chamber of Commerce Annual Installation and Awards Banquet and congratulated the award recipients, the Southeast Area Animal Control Authority (SEACCA) Commission Meeting, the Summer Night Market, the 4th of July Celebration at New Temple Park, the Independence Day Fireworks Festival at the South El Monte High School, the Senior Center’s 4th of July Luncheon, the Community Services Commission Meeting, the Greater El Monte Community Hospital Board Meeting, and the San Gabriel Valley Legislative Networking Reception.
11. CORRESPONDENCE – None
12. COUNCILMEMBERS’ AGENDA – None
13. CLOSED SESSION
At 6:32 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.
13.a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Executive Management Team Association
13.b. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF
LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – (one case) At 7:04 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.
Anthony R. Taylor, City Attorney, announced City Council discussed Items 13.a. and 13.b., no reportable action.
14. ADJOURNMENT
There being no further business coming before this body, at 7:04 p.m. Mayor Olmos adjourned the meeting in honor of George Torres, former Community Services Commissioner, to a Regular City Council Meeting on Tuesday, July 23, 2024, at 6:00 p.m.
______________________________ ______________________
Sabrina Muhne, Interim City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.b.
DATE: July 30, 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.
24-201, APPROVING WARRANTS FOR THE PERIOD OF
JULY 10, 2024, THROUGH JULY 23, 2024
SUMMARY: Authorizing payment of City expenditures for the period of July 10, 2024, through July 23, 2024, totaling $1,286,564.55.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 201, authorizing payment of City expenditures.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 24-201
B. 7.17.24 Warrant Register
ATTACHMENT A
RESOLUTION NO. 24-201
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF JULY 10, 2024, THROUGH JULY 23, 2024,
TOTALING $1,286,564.55.
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 07/10/24-07/23/24 DFT0001862-1927 $268,713.58 FY 23/24 Regular Warrants 07/10/24-07/23/24 14611-14713 $817,800.33 Payroll Check PPE 07/06/24 1821-1841 $14,296.47
Payroll Direct Deposit PPE 07/06/24 7219-7350 $185,754.17 TOTAL EXPENDITURES RESOLUTION NO. 24-201, $1,286,564.55 PASSED, APPROVED, AND ADOPTED this 30th day of July 2024. __________________________________
Gloria Olmos, Mayor
ATTEST:
________________________________
Sabrina Muhne, Interim City Clerk
Attachment: Exhibit A – Expense Report
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-201, 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 30th day of July 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Sabrina Muhne, Interim City Clerk
Vendor Name
CALIFORNIA TEAMSTERS LOCAL 911CALIFORNIA TEAMSTERS LOCAL 911HECTOR DELGADONATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSRUDY BOJORQUEZSTANDARD INSURANCESTANDARD INSURANCESTATE OF CA FRANCHISE TAX BOARDVONS CREDIT UNIONZUMAYA RENTALSBROTHERS AWARDS & TROPHIESBROTHERS AWARDS & TROPHIESBROTHERS AWARDS & TROPHIESBROTHERS AWARDS & TROPHIESCR MUSIC SERVICE INCPARTY PRONTOPLUMBING HEROES, LLCT-MOBILE USA INCGLORIA OLMOSNICOLE PENAZUMAYA RENTALSBRIANNA BADARMONARCAS PARTY SERVICENATIONWIDE RETIREMENT SOLUTIONSNATIONWIDE RETIREMENT SOLUTIONSSTATE OF CA FRANCHISE TAX BOARDAC PROS, INCAC PROS, INCAHMED AL-KAZWEENYAHMED AL-KAZWEENYALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPALESHIRE & WYNDER, LLPAMADITA VILLACIS
ATTACHMENT B
Amount
01.0100.1030.5215 14637 07/17/2024 JUNE'24 ADDITIONAL SVCS 931.5201.0000.0000.4250 14638 07/17/2024 RES-ACC-24-014 ACCESSIBILITY FEE REFUND 79.33
01.0100.1030.5215 14637 07/17/2024 JUNE'24 CODE ENFORCEMENT 3,490.8001.0100.1030.5215 14637 07/17/2024 JUNE'24 HOUSING 2,476.4001.0100.1030.5215 14637 07/17/2024 JUNE'24 REFUSE 1,334.0001.0100.1030.5215 14637 07/17/2024 JUNE'24 FINANCE 7,513.0001.0100.1030.5215 14637 07/17/2024 JUNE'24 PERSONNEL 9,700.0001.0100.1030.5215 14637 07/17/2024 JUNE'24 PLANNING 1,540.3201.0100.1030.5215 14637 07/17/2024 JUNE'24 P.W ENGINEERING 6,947.2001.0100.1030.5215 14637 07/17/2024 JUNE'24 GENERAL 2,415.0001.0100.1030.5215 14637 07/17/2024 JUNE'24 SPECIAL PJTS 928.0001.0100.1030.5215 14637 07/17/2024 JUNE'24 LITIGATION 1,392.0017.0900.9020.6025 14635 07/17/2024 DOE/HAC UPGRADES JUNE'24 193,448.25
01.0000.0000.4250 14636 07/17/2024 RES-ADD-24-007 ACCESSIBILITY FEE RFND 52.84
01.0000.0000.4250 14636 07/17/2024 RES-ALT-24-015 BLDG PERMIT RFND 52.8401.0000.0000.2235 14633 07/16/2024 PPE 7/6/24 508.3301.0000.0000.2270 14634 07/16/2024 A.R GARNISHMENT PPE 7/6/24 8.1517.0900.9020.6025 14635 07/17/2024 DOE/HAC UPGRADES JUNE'24/ RETENTION (10,283.50)
01.0100.1050.5938 14630 07/11/2024 EDUCATION REIMB/ SPRING 2 2024 1,054.1301.0150.1540.5908 14631 07/11/2024 PARKS AND REC LUNCHEON: FOOD SERVICE 1,600.0001.0000.0000.2230 14632 07/16/2024 PPE 7/6/24 6,215.0001.0100.1010.5910 14627 07/10/2024 JUNE'24 NALEO CONF/ UBER CHARGES 199.3001.0150.1540.5431 14628 07/10/2024 SUMMER CAMP WK 5 FIELD TRIP TICKETS REIMB 1,338.00
01.0151.1545.5210 14629 07/10/2024 7/11/24 NIGHT MARKET EQUIP RENTALS 1,000.0001.0151.1544.5210 14624 07/10/2024 4TH OF JULY EQUIPMENT RENTALS 14,776.00
01.0160.1650.5520 14625 07/10/2024 HYDRO-JET RESTROOM CLEAN-OUT/ NTP 1,500.0001.0130.1330.5715 14626 07/10/2024 5/21-6/20/24 CITY CELL PHONES 3,352.5601.0100.1040.5922 14622 07/10/2024 PLAQUE/ BAND DIRECTOR 27.5001.0100.1040.5922 14622 07/10/2024 PRESENTATION PLAQUE 55.0001.0151.1545.5210 14623 07/10/2024 7/11/24 MUSIC BAND/ SUMMER CONCERT 1,700.0001.0151.1544.5210 14620 07/03/2024 4TH OF JULY EQUIPMENT RENTALS 1,000.0001.0100.1040.5922 14622 07/10/2024 PRESENTATION PLAQUE 55.0001.0100.1040.5922 14622 07/10/2024 PRESENTATION PLAQUE 28.6001.0000.0000.2224 14617 07/03/2024 JULY'24 LIFE AD&D & SUPPLEMENTAL 430.3101.0000.0000.2270 14618 07/03/2024 A.R GARNISHMENT PPE 6/22/24 8.1501.0000.0000.2240 14619 07/03/2024 JUNE'24 114.0001.0000.0000.2235 14614 07/03/2024 PPE 6/22/24 508.3301.0100.1010.5910 14615 07/03/2024 JULY'24 ICA INDEPENDENT SEMINAR/ PER DIEM 560.0001.0000.0000.2225 14616 07/03/2024 JULY'24 LIFE AD&D 6,218.0901.0000.0000.2245 14611 07/03/2024 JUNE'24 MISC 500.0001.0100.1010.5910 14612 07/03/2024 JULY'24 ICA INDEPENDENT SEMINAR/ PER DIEM 560.00
01.0000.0000.2230 14613 07/03/2024 PPE 6/22/24 6,365.00 Warrant Register
South El Monte, CA Council Meeting 07/23/24
Account Number Payment Number Payment Date Description (Item)
01.0000.0000.2245 14611 07/03/2024 JUNE'24 ADMIN 1,596.00
AMAZON CAPITAL SERVICES, INC
AMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAUTOZONEBASE HILL, INC.BASE HILL, INC.BROTHERS AWARDS & TROPHIESBSN SPORTS LLCCLEANLEAF ENERGY HOLDINGS, INCCOUNCIL FOR WATERSHED HEALTHCR ASSOCIATES, INC.DANIEL GARCIADAVID MAIDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCEL MONTE ORNAMENTAL SUPPLY, INC.EL MONTE ORNAMENTAL SUPPLY, INC.EL MONTE UNION HIGH SCHOOL DISTRICTELIDETH GOMEZELIZABETH JIMENEZELIZABETH MUNOZEPOCH TIME, INC.EWING IRRIGATIONEWING IRRIGATIONEWING IRRIGATIONEXPLORER-1 AMBULANCE & MEDICAL SERVICESFLOCK GROUP, INCGARVEY EQUIPMENT COMPANYGARVEY EQUIPMENT COMPANYGERARDO DIAZGOVERNMENT STAFFING SERVICES, INC.GOVERNMENT STAFFING SERVICES, INC.GRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGUOWEI HUHASA INC.HINDERLITER, DE LLAMAS & ASSOC
01.0150.1510.5204 14666 07/17/2024 JULY'24 COMM SVCS COMMISSION MT HORTENCIA VASQUEZ G 100.00
01.0000.0000.4560 14663 07/17/2024 SWIM LESSONS DISCOUNT REFUND 15.0001.0160.1640.5425 14664 07/17/2024 6/26/24 CHEMICAL DELIVERY 1,092.5101.0130.1310.5904 14665 07/17/2024 APR-JUNE'24 SALES TAX 2,245.3001.0160.1660.5520 14662 07/17/2024 PLUMBING SUPPLIES/ FOUNTAIN 38.4201.0160.1610.5520 14662 07/17/2024 FOAM SEALANT 24.1801.0160.1650.5520 14662 07/17/2024 CURB & HANDICAP STENCIL 37.3301.0150.1510.5204 14660 07/17/2024 JULY'24 COMM SVCS COMMISSION MTG 100.00
01.0100.1020.5215 14661 07/17/2024 6/18-6/27/24 MUNI TEMP SVCS/ RECEPTIONIST 2,859.5001.0100.1050.5215 14661 07/17/2024 6/25-6/27/24 MUNI TEMP SVCS/ ADMIN ASSISTANT 1,225.5001.0170.1750.5505 14659 07/17/2024 REPAIR HEDGE TRIMMER 124.0401.0170.1750.5505 14659 07/17/2024 HEDGE TRIMMER REPAIR 55.8101.0151.1542.5952 14657 07/17/2024 4TH OF JULY BOXING SHOW/ AMBULANCE 1,800.0068.0900.9000.6020 14658 07/17/2024 FLOCK SAFETY 7/5/2024 26,700.0001.0160.1670.5520 14656 07/17/2024 IRR SUPPLIES/ MVD 72.8401.0160.1610.5520 14656 07/17/2024 IRR REPAIR/ CCTR 624.7301.0160.1650.5520 14656 07/17/2024 CARBON SOIL 157.2101.0000.0000.4250 14653 07/17/2024 RES-ACC-24-005 ACCESSIBILITY FEE REFUND 105.34
01.0000.0000.4250 14654 07/17/2024 RES-ACC-24-017 ACCESSIBILITY FEE REFUND 231.48
01.0120.1220.5918 14655 07/17/2024 ELECTION PULISHING NOTICE/ NEWSPAPER 1,300.00
01.0170.1720.5520 14650 07/17/2024 ANCHOR SLEEVES/ TRANSPORTATION YARD 10.2001.0151.1544.5210 14651 07/17/2024 6/29/24 FIELD RENTAL/ FIREWORK FESTIVAL 810.0001.0000.0000.4560 14652 07/17/2024 SWIM LESSONS DISCOUNT REFUND 10.0006.0300.3010.5430 14649 07/17/2024 MILK/ CI NUTR PRGM 236.0606.0300.3020.5430 14649 07/17/2024 MILK/ CII NUTR PRGM 26.2201.0160.1610.5520 14650 07/17/2024 SUPPLIES TO ALTER BENCHES/ CCTR 100.8868.0900.9000.5968 14646 07/17/2024 MAY'24 PJT MGMT/DESIGN#140 14,992.50
01.0000.0000.4560 14647 07/17/2024 SWIM LESSONS DISCOUNT REFUND 10.0001.0150.1510.5204 14648 07/17/2024 JULY'24 COMM SVCS COMMISSION MTG 100.0001.0151.1541.5499 14643 07/17/2024 INDOOR BBALL GYM BACKBOARD SFTY PADDING 368.5601.0170.1720.5520 14644 07/17/2024 SOLAR REPAIR/ TRANSPO YARD 1,424.9868.0900.9000.5968 14645 07/17/2024 JAN-MAR'24 PJT MGMT/CON SUPPORT#407 32,166.6601.0170.1020.5515 14641 07/17/2024 JUNE'24 JANITORIAL SVCS 8,085.0001.0150.1540.5951 14641 07/17/2024 6/27/24 SPECIAL CLEANING- CCTR 930.00
01.0151.1542.5952 14642 07/17/2024 4TH OF JULY BOXING SHOW PLAQUES 660.0001.0140.1430.5406 14639 07/17/2024 BANKER BOXES RETURN CREDIT (35.81)
01.0170.1720.5520 14639 07/17/2024 CAMERAS 286.6201.0170.1770.5525 14640 07/17/2024 #11 REPLACE TURN SIGNAL FLASHER 19.37
01.0150.1530.5430 14639 07/17/2024 CRAFT SUPPLIES 101.6501.0100.1040.5922 14639 07/17/2024 SPECIAL EVENT RETIREMENT SUPPLIES 19.8201.0150.1530.5952 14639 07/17/2024 BALLOONS/ OLDER AMERICAN LUNCHEON 8.8101.0170.1020.5956 14639 07/17/2024 DURABLE PHONE CASES 27.5001.0170.1520.5430 14639 07/17/2024 EMERGENCY SUPPLIES 961.0601.0140.1430.5406 14639 07/17/2024 BANKER BOXES RETURN CREDIT (35.81)01.0150.1530.5406 14639 07/17/2024 NEW LOBBY CHANDELIER 737.5701.0140.1440.5406 14639 07/17/2024 PHONE CASE RETURN CREDIT (18.73)01.0150.1540.5406 14639 07/17/2024 HEADSET RETURN CREDIT (88.09)01.0140.1430.5406 14639 07/17/2024 BANKER BOXES RETURN CREDIT (35.81)01.0140.1430.5406 14639 07/17/2024 BANKER BOXES RETURN CREDIT 35.8101.0140.1430.5406 14639 07/17/2024 BANKER BOXES RETURN CREDIT (35.81)06.0300.3010.5430 14639 07/17/2024 FOLERS/ NUTRITION INTAKE FORMS 74.91
HUNTINGTON CULINARY
HUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYINDUSTRIAL PIPE & STEELINDUSTRIAL PIPE & STEELINGRID AGUILARINNER-COOL CORPJAIME GARCIAJOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHNSTONE SUPPLYJOSE'S AUTO UPHOLSTERYJOVANA MENDOZAJOVANA MENDOZAKB HOME GREATER LOS ANGELESKB HOME GREATER LOS ANGELESKB HOME GREATER LOS ANGELESKB HOME GREATER LOS ANGELESKB HOME GREATER LOS ANGELESKIMBERLY VALENCIAKIMLEY-HORN AND ASSOCIATES, INC.KIMLEY-HORN AND ASSOCIATES, INC.L.A COUNTY AUDITOR-CONTROLLERL.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.LA OPINION, LA OPINION NEWSPAPERLANGUAGE NETWORKLEO'S UPHOLSTERY SUPPLIESLIZETTE JUAREZMANDELL MUNICIPAL COUNSELINGMODERN IT, INCMODERN IT, INCMODERN IT, INCNADA BUS, INC.NADA BUS, INC.OFFICE DEPOTONYX ARCHITECTS, INCONYX ARCHITECTS, INCOWEN LIUPACIFIC PRODUCTS AND SERVICES LLCPACIFIC PRODUCTS AND SERVICES LLCPACIFIC PRODUCTS AND SERVICES LLCPHOENIX GROUP INFORMATION SYSTEMS
02.0170.1760.5540 14691 07/17/2024 FLASHING SOLAR LIGHTS STOP SIGNS 2,109.08
02.0170.1760.5540 14691 07/17/2024 SOLAR FLASHING STOP SIGNS 2,037.4201.0140.7020.5215 14692 07/17/2024 MAY'24 ADMIN CITE SVCS 161.2068.0900.9000.6025 14689 07/17/2024 JUNE'24 CHALL RSTRM DESIGN#252 6,058.5001.0000.0000.4250 14690 07/17/2024 RES-ALT-24-014 ACCESSIBILITY FEE REFUND 58.9101.0170.1760.5540 14691 07/17/2024 REFLECTIVE TAPE FOR SIGNS 2,487.2444.0800.8020.5215 14687 07/17/2024 6/25/24 COMMUNITY SVCS EXCURSION 1,635.0001.0100.1020.5405 14688 07/17/2024 OFFICE SUPPLIES 688.9339.0900.9000.6025 14689 07/17/2024 JUNE'24 CHALL RSTRM DESIGN#637 6,058.5001.0130.1330.5215 14686 07/17/2024 JULY'24 CLOUD SVCS 750.0001.0130.1330.5215 14686 07/17/2024 JULY'24 OFFICE 365 5,246.1744.0800.8020.5215 14687 07/17/2024 6/19/24 COMMUNITY SVCS EXCURSION 1,325.0001.0000.0000.4250 14684 07/17/2024 RES-ADD-24-003 ACCESSIBILITY FEE REFUND 203.91
01.0100.1030.5215 14685 07/17/2024 JUNE'24 LEGAL SVCS 3,729.0001.0130.1330.5215 14686 07/17/2024 JULY'24 MANAGED SVCS 13,530.0001.0120.1220.5919 14681 07/17/2024 JULY'24 ELECTION AD SVCS/ LA OPINION 765.0001.0120.1220.5919 14682 07/17/2024 TRANSLATED NOTICES 390.0001.0160.1640.5520 14683 07/17/2024 LINEX POOL COVER FOR VACUUM 200.0001.0110.1110.5635 14680 07/17/2024 MAY'24 TRAFFIC ENFORCEMENT SVCS 2,709.7740.0900.9000.5968 14678 07/17/2024 MAY'24 ENG DESIGN/SYSTEMIC SIG #607 2,212.7701.0100.1020.5215 14679 07/17/2024 FY24-25 NET OPERATING EXPENSES 938.62
01.0110.1110.5633 14680 07/17/2024 MAY'24 SPECIAL EVENT CRIME SUPPRESSION 24,731.4701.0000.0000.4250 14676 07/17/2024 RES-ALT-24-012 ACCESSIBILITY FEE RFND 32.6201.0000.0000.4554 14677 07/17/2024 6/29/24 MVD COMM RM DAMAGE DEPOSIT RFND 50.0040.0900.9000.5968 14678 07/17/2024 MAY'24/ LEE PJT MGMT#296 1,619.6801.0000.0000.4250 14676 07/17/2024 RES-NEW-24-001ACCESSIBILITY FEE RFND 20,486.8201.0000.0000.4250 14676 07/17/2024 RES-ACC-24-019 ACCESSIBILITY FEE RFND 277.42
01.0000.0000.4250 14676 07/17/2024 RES-ALT-24-011 ACCESSIBILITY FEE RFND 32.6201.0000.0000.4508 14675 07/17/2024 SUMMER CAMP REFUND: WEEKS 4-8 300.0001.0000.0000.4508 14675 07/17/2024 SUMMER CAMP REFUND WEEK 4-8 450.0001.0000.0000.4250 14676 07/17/2024 RES-NEW-24-002 ACCESSIBILITY FEE RFND 4,760.0225.0550.5510.5215 14672 07/17/2024 APR'24 USED OIL RECYCLING 253.5001.0170.1710.5520 14673 07/17/2024 STEEL BAR/ CHALL 87.1201.0150.1530.5406 14674 07/17/2024 DINING ROOM CHAIRS UPHOLSTERY 1,008.0001.0170.1475.5270 14672 07/17/2024 NOV'23 LAND DEVELOPMENT 77.2501.0170.1475.5270 14672 07/17/2024 DEC'23 LAND DEVELOPMENT 782.2501.0170.1475.5270 14672 07/17/2024 APR'24 LAND DEVELOPMENT PRGM SVCS 1,306.75
70.0900.9020.5215 14672 07/17/2024 NOV'23 NPPDES PRGM SVCS 9,983.7270.0900.9020.5215 14672 07/17/2024 DEC'23 NDPES PRGM SVCS 5,636.5070.0900.9020.5215 14672 07/17/2024 APR'24 NDPES PRGM SVCS 1,977.2801.0000.0000.4554 14671 07/17/2024 6/30/24 MVD COMM RM DAMAGE DEPOSIT RFND 50.0027.0575.5710.5215 14672 07/17/2024 APR'24 BCR PRGM SVCS 559.7501.0140.1475.5255 14672 07/17/2024 APR'24 IW PGRM SVCS 4,667.7501.0160.1660.5520 14668 07/17/2024 STAINLESS STEEL SHEET 28.8701.0150.1510.5204 14669 07/17/2024 JULY'24 COMM SVCS COMMISSION MTG 100.0001.0170.1710.5520 14670 07/17/2024 SHILLER REPAIR CHALL 2,677.0106.0300.3010.5215 14667 07/17/2024 6/24-6/28/24 MEALS/ CI NUTR PRGM 4,772.5006.0300.3020.5215 14667 07/17/2024 6/24-6/28/24 MEALS/ CII NUTR PRGM 574.7501.0160.1620.5520 14668 07/17/2024 FLUID FOR CUTTING/ SCTR 6.9906.0300.3010.5215 14667 07/17/2024 6/17-6/24/24 MEALS/ CI NUTR PRGM 4,370.0006.0300.3020.5215 14667 07/17/2024 6/17-6/24/24 MEALS/ CII NUTR PRGM 574.75
PHOENIX GROUP INFORMATION SYSTEMS
PREMIER JANITORIAL SERVICESPREMIER JANITORIAL SERVICESPREMIER JANITORIAL SERVICESPRO FLOORING CORPORATIONQUENCH USA, INC.ROSA RODRIGUEZROSENDO RAYMUNDOSAFETY-KLEEN SYSTEMS, INC.SAN GABRIEL VALLEY COUNCIL OF GOVTSSAN GABRIEL VALLEY COUNCIL OF GOVTSSAN GABRIEL VALLEY REGIONAL HOUSING TRUSTSOUTHERN CALIFORNIA ASSOCIATION OF GOVTSSUPERIOR COURT OF CA, COUNTY OF LASUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSTOWNSEND PUBLIC AFFAIRSTRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.
01.0170.1105.5215 14705 07/17/2024 MAY'24 ENGINEERING PLAN CHECK SVCS 4,478.38
02.0170.1760.5215 14705 07/17/2024 MAY'24 TRF 1910 S/A REQ YELLOW CURB 1,200.00
02.0170.1760.5215 14705 07/17/2024 MAY'24 TRF 825 LEXINGT/GAL/WAREHOUSE 340.0002.0170.1760.5215 14705 07/17/2024 MAY'24 TRF REV 11214 RUSH 450.0001.0170.1105.5215 14705 07/17/2024 MAY'24 SEM ENGINEERING SERVICES 16,600.0001.0140.1430.5215 14705 07/17/2024 MAY'24 825 LEXINGTON COA BLDG OFFICIAL SVCS 765.0002.0170.1760.5215 14705 07/17/2024 MAY'24 TRF STARLITE SCOPING 500.0002.0170.1760.5215 14705 07/17/2024 MAY'24 TRF 1903 COGS/BLUE CURB 150.00
01.0140.1430.5215 14705 07/17/2024 MAY'24- 11214 RUSH ST COA BLDG OFFICIAL SVCS 425.00
01.0140.1440.5215 14705 07/17/2024 MAY'24 BLDG PLAN CHECK SVCS 43,400.71
01.0140.1440.5215 14705 07/17/2024 MAY'24 BLDG OFFICIAL SVCS 340.0001.0170.1105.5215 14705 07/17/2024 MAY'24- SB1 RMRA FY 24-25 RESO 217.50
01.0170.1105.5215 14705 07/17/2024 MAY'24 SEWER RATE UPDATE 4,810.0001.0170.1105.5215 14705 07/17/2024 MAY'24 CCTR & MCTR PARKING LOT IMPROVEMENTS 1,827.5001.0170.1105.5215 14705 07/17/2024 24-25 PAVEMENT REHAB BID PACKAGE 31,480.0001.0170.1105.5215 14705 07/17/2024 MAY'24 CCTR PARKING LOT PAVING PJT 145.0001.0170.1105.5215 14705 07/17/2024 MAY'24 CCTR & MCTR PARKING LOT IMPROVEMENTS 3,117.5001.0140.1440.5215 14705 07/17/2024 APR'24 BLDG PLAN CHECK SVCS 16,938.34
01.0170.1105.5215 14705 07/17/2024 MAY'24 SCTR FLOORING IMPROVEMENTS 580.00
01.0170.1105.5215 14705 07/17/2024 MAY'24 CCTR GYM FLOORING IMPROV 1,595.0068.0900.9000.5968 14705 07/17/2024 APR'24 LABOR COMPLIANCE 407 4,290.0001.0170.1105.5215 14705 07/17/2024 APR'24 SEWER RATE UPDATES 2,590.0001.0140.1430.5215 14705 07/17/2024 APR'24 BLDG OFFICIAL SVCS 170.0068.0900.9000.5968 14705 07/17/2024 APR'24 OFFICE ENG SVCS 407 14,681.25
68.0900.9000.5968 14705 07/17/2024 APR'24 SR CON MGR SVCS 407 10,150.00
68.0900.9000.5968 14705 07/17/2024 APR'24 ADMM/CLERICAL SVCS 407 1,680.0068.0900.9000.5968 14705 07/17/2024 APR'24 SR INSPECTOR SVCS 407 17,835.00
06.0300.3020.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 7.3701.0100.1020.5215 14704 07/17/2024 JULY'24 CONSULTING SVCS 6,750.0044.0800.8040.5010 14705 07/17/2024 APR'24 SR ENGINEER SVCS 407 8,800.0006.0300.3010.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 114.4606.0300.3020.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 12.7106.0300.3010.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 66.3706.0300.3020.5430 14703 07/17/2024 FOOD/ CII NUTR PRGM 12.9106.0300.3010.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 101.4906.0300.3020.5430 14703 07/17/2024 FOOD CI & CII NUTR PRGM 11.2701.0100.1010.5914 14701 07/17/2024 FY 24-25 ANNUAL MEMBERSHIP 2,803.00
01.0140.1100.5215 14702 07/17/2024 MAY'24 CITATION REVENUE 7,163.5006.0300.3010.5430 14703 07/17/2024 FOOD/ CI NUTR PRGM 116.2138.0600.6010.5914 14699 07/17/2024 FY24-25 ANNUAL MEMBERSHIP DUES 6,969.6445.0660.6610.5914 14699 07/17/2024 FY24-25 ANNUAL MEMBERSHIP DUES 6,969.6401.0100.1010.5914 14700 07/17/2024 FY24-25 ANNUAL MEMBERSHIP 10,913.6601.0000.0000.4250 14696 07/17/2024 RES-ACC-24-002 ACCESSIBILITY FEE REFUND 105.34
01.0151.1541.5956 14697 07/17/2024 YOUTH SUMMER BBALL CAMP UNIFORMS 2,491.3101.0170.1720.5520 14698 07/17/2024 SUMP PUME /MNTC YARD 1,864.0001.0151.1544.5210 14693 07/17/2024 4TH OF JULY EQUIOMENT RENTALS 2,009.0701.0160.1610.6025 14694 07/17/2024 RETENTION RELEASE CCTR GYM FLR'G 7,169.2601.0160.1610.5520 14695 07/17/2024 JULY'24 WATER FILTER/CCTR 38.5901.0140.1100.5215 14692 07/17/2024 MAY'24 PARKING CITE SVCS 2,952.0801.0151.1545.5210 14693 07/17/2024 6/27/24 SUMMER CONCERT EQUIP RENTALS 2,308.9501.0151.1544.5210 14693 07/17/2024 6/29/24 FIREWORK FESTIVAL EQUIP RENTALS 1,274.80
TRANSTECH ENGINEERING, INC.
TRANSTECH ENGINEERING, INC.TRUSAICTYLER TECHNOLOGIES, INCTYLER TECHNOLOGIES, INCU.S. BANKVIRGINIA GARCIAWEST COAST ARBORISTS, INCWINNER INTERNATIONAL INC.SAN GABRIEL VALLEY WATERCALPERSCALPERSCALPERSCALPERSCALPERS RETIREMENTCALPERS RETIREMENTDELTA DENTAL OF CALIFORNIADEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITVISION SERVICE PLANWASHINGTON NATIONAL INSURANCE COAFLAC WORLDWIDE HEADQUARTERSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATER
01.0170.1730.5720 DFT0001887 07/02/2024 5/10-6/11/24 N/E MERCED SA SAN GABRIEL VALLEY WATER NTA ANITA 136.72
01.0170.1730.5720 DFT0001884 06/28/2024 5/8-6/7/24 2018 DURFEE AVE 231.9401.0170.1730.5720 DFT0001885 07/02/2024 5/10-6/11/24 1556 CENTRAL AVE 445.4301.0170.1730.5720 DFT0001886 07/02/2024 5/10-6/11/24 1500 N CENTRAL AVE 1,347.0601.0170.1730.5720 DFT0001881 07/02/2024 5/13-6/12/24 2004 ROSEMEAD BLVD 23.7601.0170.1730.5720 DFT0001882 06/25/2024 5/7-6/6/24 1508 PECK ROAD 231.94
01.0170.1730.5720 DFT0001883 07/02/2024 5/10-6/11/24 MERCED N/W SANTA ANITA 60.2801.0170.1730.5720 DFT0001878 07/02/2024 5/10-6/11/24 1824 CENTRAL AVE 669.4501.0170.1730.5720 DFT0001879 06/25/2024 5/7-6/6/24 1502 PECK RD 305.4301.0170.1730.5720 DFT0001880 06/25/2024 5/7-6/6/24 1109 PECK RD 221.4301.0170.1730.5720 DFT0001875 07/02/2024 5/10-6/11/24 10452 RUSH ST 88.5401.0170.1730.5720 DFT0001876 07/02/2024 5/10-6/11/24 1819 N MERCED AVE 133.3401.0170.1730.5720 DFT0001877 07/02/2024 5/10-6/11/24 1707 N MERCED AVE 118.9601.0000.0000.2020 DFT0001873 07/02/2024 RATE PLAN 685 9,467.8101.0000.0000.2020 DFT0001873 07/02/2024 RATE PLAN 23047 1,086.3001.0000.0000.2020 DFT0001874 07/02/2024 RATE PLAN 27216 349.6401.0000.0000.2224 DFT0001871 06/26/2024 JUNE'24 SUPPLEMENTAL LIFE INSURANCE 2,246.6301.0000.0000.2225 DFT0001872 07/05/2024 JUNE'24 INSURANCE 994.5601.0000.0000.2020 DFT0001873 07/02/2024 RATE PLAN 27216 20,564.9901.0000.0000.2270 DFT0001869 07/02/2024 CASE 200000002135289 780.5001.0000.0000.2270 DFT0001869 07/02/2024 CASE 0980438 150.0001.0000.0000.2255 DFT0001870 06/26/2024 JULY'24 VISION INSURANCE 843.4101.0000.0000.2210 DFT0001868 06/21/2024 PPE 6/22/24 STATE WTHD'G 18.0801.0000.0000.2270 DFT0001869 07/02/2024 CASE 200000002163990 359.0001.0000.0000.2270 DFT0001869 07/02/2024 CASE 1457313 402.5001.0000.0000.2030 DFT0001867 07/01/2024 PPE 6/22/24 TNG WTHD'G 32.1601.0000.0000.2030 DFT0001867 07/01/2024 PPE 6/22/24 UI TAX WTHD'G 643.33
01.0000.0000.2210 DFT0001867 07/01/2024 PPE 6/22/24 STATE WTHD'G 8,304.2201.0000.0000.2205 DFT0001866 06/21/2024 PPE 6/22/24 FEDERAL 66.7301.0000.0000.2215 DFT0001866 06/21/2024 PPE 6/22/24 MEDICARE 34.5601.0000.0000.2215 DFT0001866 06/21/2024 PPE 6/22/24 FICA 147.8001.0000.0000.2215 DFT0001865 06/28/2024 PPE 6/22/24 FICA 32,784.2201.0000.0000.2215 DFT0001865 06/28/2024 PPE 6/22/24 MEDICARE 7,667.2601.0000.0000.2260 DFT0001864 06/26/2024 JULY'24 DENTAL 6,721.5501.0000.0000.2205 DFT0001865 06/28/2024 PPE 6/22/24 FEDERAL 23,323.5501.0100.1050.5945 DFT0001862 06/26/2024 JULY'24 EMPLOYER SHARE/ RETIRED 1,413.0001.0100.1020.5180 DFT0001863 06/27/2024 ARREARS 3/1/00-2/21/01 637.2001.0100.1020.5180 DFT0001863 06/27/2024 ARREARS 3/1/00-2/21/01 500.00
01.0000.0000.2250 DFT0001862 06/26/2024 JULY'24 ACTIVE EMPLOYEE 91,924.26
01.0100.1050.5941 DFT0001862 06/26/2024 JULY'24 ADMIN FEE/ ACTIVE 294.16
01.0100.1050.5941 DFT0001862 06/26/2024 JULY'24 ADMIN FEE/ RETIRED 27.2601.0170.1750.5215 14710 07/17/2024 6/1-6/15/24 CIVIC TREES MTNC 21,402.00
01.0150.1530.5952 14711 07/17/2024 LUNCHEON DECORATIONS 126.7701.0160.1630.6025 14713 07/17/2024 RETROFITTING COST/ MCTR PLANTAR LANDSCAPE 16,075.0001.0130.1330.5215 14707 07/17/2024 AUG'24-APR'25 TIME & ATTENDACE ACCESS 4,234.50
92.0000.0000.6125 14708 07/17/2024 JUNE'24-MAY'25 BOND ADMIN FEE 2,000.0001.0000.0000.4250 14709 07/17/2024 RES-ACC-24-008 ACCESSBILITY FEE REFUND 187.3702.0170.1760.5215 14705 07/17/2024 MAY'24 TRF 825 LEXING/GALL WAREHOUSE 112.5001.0130.1310.5215 14706 07/17/2024 JULY'24 ACA MONTHLY 1,061.2101.0130.1330.5215 14707 07/17/2024 HR TYLER TRAINING 480.0002.0170.1760.5215 14705 07/17/2024 MAY'24 TRF PED CROSSING/VACCO 650.00
SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSPARKLETTSSPARKLETTSWALMART COMMUNITY/GECRBCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTELAN FINANCIAL SERVICESELAN FINANCIAL SERVICESSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASUS BANK VOYAGER FLEET SYSHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICES
01.0160.1640.5425 DFT0001927 06/26/2024 POOL CHEMICALS 107.25
01.0160.1660.5520 DFT0001927 06/26/2024 WATER FOUNTAIN INSTALL SUPPLIES 127.8901.0170.1710.5520 DFT0001927 06/26/2024 PLANTS/ CHALL 87.9601.0160.1620.5520 DFT0001927 06/26/2024 WALL RECEPTACLES 77.0901.0160.1620.5520 DFT0001927 06/26/2024 DRYWALL REPAIR SUPPLIES 107.5301.0160.1620.5520 DFT0001927 06/26/2024 PAINT & SUPPLIES 169.5502.0170.1760.5966 DFT0001926 06/21/2024 4/24-5/24/24 FEUL CITY TRANSPORTATION 7,269.3201.0130.1330.5215 DFT0001927 06/26/2024 LADDERS/ CAMERA INSTALL 438.8001.0151.1543.5952 DFT0001927 06/26/2024 NIGHT MARKET SUPPLIES 319.59
01.0170.1730.5720 DFT0001923 07/09/2024 5/14-06/13/24 2620 RSMD BLVD 162.9701.0170.1730.5720 DFT0001924 07/09/2024 5/14-6/13/24 2464 RSMD BLVD 330.9801.0170.1730.5705 DFT0001925 07/09/2024 5/29-6/27/24 1415 SANTA ANITA AVE 255.5001.0000.0000.2020 DFT0001921 07/09/2024 RATE PLAN 23047 2,130.2401.0130.1330.5715 DFT0001922 06/07/2024 RE-OCCURING PHONE CHARGES 9.9901.0130.1330.5715 DFT0001922 06/07/2024 RE-OCCURING PHONE CHARGES 55.0001.0150.1530.5952 DFT0001920 07/02/2024 VASES SUPPLIES 33.5101.0000.0000.2020 DFT0001921 07/09/2024 RATE PLAN 685 9,651.0201.0000.0000.2020 DFT0001921 07/09/2024 RATE PLAN 27216 20,670.4201.0170.1730.5710 DFT0001918 06/26/2024 5/15-6/13/24 1824 CENTRAL AVE 546.2501.0140.1100.5406 DFT0001919 07/02/2024 MAY'24 WATER SVCS 17.7401.0140.7020.5406 DFT0001919 07/02/2024 MAY'24 WATER SVCS 17.7301.0170.1730.5705 DFT0001915 06/25/2024 5/14-6/13/24 1900 CENTRAL AVE 38.9501.0170.1730.5705 DFT0001916 06/26/2024 5/15-6/13/24 1415 SANTA ANITA AVE 1,890.5401.0170.1730.5710 DFT0001917 06/24/2024 5/9-6/9/24 1459 SANTA ANITA AVE 517.17
01.0170.1730.5705 DFT0001912 06/25/2024 5/14-6/13/24 1500 CENTRAL AVE 2,650.1101.0170.1730.5705 DFT0001913 06/25/2024 5/14-6/13/24 1450 LIDCOMBE AVE 147.61
01.0170.1730.5705 DFT0001914 06/25/2024 05/14-06/13/24 1530 CENTRAL AVE 93.2801.0170.1730.5720 DFT0001909 07/02/2024 5/10-6/11/24 1819 N CENTRAL AVE 316.6301.0170.1730.5705 DFT0001910 06/25/2024 5/14-6/13/24 1824 CENTRAL AVE 90.2601.0170.1730.5705 DFT0001911 06/25/2024 5/14-6/13/24 1556 CENTRAL AVE 239.6701.0170.1730.5720 DFT0001906 06/25/2024 5/7-6/6/24 1628 DURFEE AVE 221.4301.0170.1730.5720 DFT0001907 07/02/2024 5/9-6/10/24 1450 LIDCOMBE 221.43
01.0170.1730.5720 DFT0001908 07/02/2024 5/9-6/10/24 1675 DURFEE AVE 170.3101.0170.1730.5720 DFT0001903 06/28/2024 5/8-6/7/24 1903 DURFEE AVE 136.7201.0170.1730.5720 DFT0001904 06/21/2024 6/1-7/1/24 1900 CENTRAL AVE 111.9601.0170.1730.5720 DFT0001905 07/02/2024 5/10-6/11/24 1652 TYLER AVE 215.1201.0170.1730.5720 DFT0001900 07/02/2024 5/10-6/11/24 N LERMA/MILLET 232.62
01.0170.1730.5720 DFT0001901 07/02/2024 5/10-6/11/24 1530 CENTRAL AVE 283.0301.0170.1730.5720 DFT0001902 06/25/2024 5/7-6/6/24 1710 DURFEE AVE 231.9401.0170.1730.5720 DFT0001899 07/02/2024 5/13-6/12/24 2218 ROSEMEAD BLVD 136.72
01.0170.1730.5720 DFT0001896 06/25/2024 5/7-6/6/24 1222 PECK ROAD 247.67
01.0170.1730.5720 DFT0001897 06/25/2024 5/7-6/6/24 1660 DURFEE AVE 136.7201.0170.1730.5720 DFT0001898 06/25/2024 5/7-6/6/24 THIENES/ PARKWAY 25.6501.0170.1730.5720 DFT0001893 07/02/2024 5/10-6/11/24 2022 N CENTRAL AVE 116.5401.0170.1730.5720 DFT0001894 07/02/2024 5/10-6/11/24 1900 CENTRAL AVE 245.3301.0170.1730.5720 DFT0001895 06/25/2024 5/7-6/6/24 FARNDON PECK 71.3901.0170.1730.5720 DFT0001890 06/28/2024 5/8-6/7/24 11016 GOMEZ PALACIO DR 23.7601.0170.1730.5720 DFT0001891 06/21/2024 6/1-7/1/24 1415 SANTA ANITA AVE 74.64
01.0170.1730.5720 DFT0001892 06/28/2024 5/8-6/7/24 1926 DURFEE AVE 289.6801.0170.1730.5720 DFT0001888 07/02/2024 5/10-6/11/24 1415 SANTA ANITA AVE 451.0401.0170.1730.5720 DFT0001889 07/02/2024 5/10-6/11/24 2000 SANTA ANITA AVE 66.13
HOME DEPOT CREDIT SERVICES
HOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICES Grand Total 1,086,513.91
01.0170.1710.5520 DFT0001927 06/26/2024 CHALL SUPPLIES 122.5401.0170.1710.5520 DFT0001927 06/26/2024 PLANTS/ CHALL 123.0701.0170.1720.5520 DFT0001927 06/26/2024 OFFICE TRASH CANS 53.3401.0170.1710.5520 DFT0001927 06/26/2024 PLANTS/ CHALL 180.5201.0170.1710.5520 DFT0001927 06/26/2024 WATER FOUNTAIN SUPPLIES 77.5501.0170.1710.5520 DFT0001927 06/26/2024 REFUND CREDIT (54.95)01.0170.1710.5520 DFT0001927 06/26/2024 CAMERA PROJECT SUPPLIES 132.17
City Council Agenda Report
Agenda Item No. 7.c.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-202, APPROVING AN AGREEMENT BETWEEN THE CITY
OF SOUTH EL MONTE AND KIMLEY-HORN AND
ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES
SUMMARY: Consideration and approval of a resolution to extend and modify the existing third-party review contract with Kimley-Horn and Associates, Inc. ("Consultant") to complete an environmental initial study previously started by the applicant's environmental consultant for 2222 Rosemead Boulevard.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-202, approving the agreement for environmental contract services between the City and Kimley-Horn and Associates, Inc.; and
2. Authorize the City Manager or designee to execute the agreement.
FISCAL/FINANCIAL IMPACT: There will be no financial impact on the City as the project Applicant for 2222 Rosemead Boulevard will deposit $44,900.00 with the City as a passthrough fee.
DISCUSSION: Kimley-Horn was initially hired as a consultant to provide third-party review services for the City to review the environmental initial study ("EIS") prepared by a consultant hired by Sylvia Tran "Applicant" for a development project at 2222 Rosemead Boulevard. The contract was initially approved by City Manager Rene Salas on November 11, 2023, for the amount of $32,750. As of July 16, 2024, the City has paid its Consultant $21,416.85 for reviewing the completed portions of the EIS.
However, the applicant informed staff that its environmental consultant is unable to complete the EIS. As such, due to the City's Consultant's familiarity with the project, the Applicant requested that the City's Consultant complete the environmental initial study.
On June 13, 2024, Kimley-Horn and Associates, Inc., submitted a proposal to complete
the Applicant's environmental consultant's work for the amount of $44,900.00. Because this amount exceeds the City Manager's level of approval, the agreement requires City Council approval. In addition, per Section 3.16.040 - Formal Contract Procedures, this project would normally fall under the formal bidding process, however, Section 3.16.120 of the South El Monte Municipal Code provides exceptions to the bidding process under the following circumstances:
A. The city manager finds that such services, supplies or equipment are unique because of the quality, durability, availability, or fitness for a particular use and are available from only one source;
B. The city manager finds that exigent circumstances require the immediate purchase of such services, supplies or equipment;
C. The city council finds that due to the nature of the services, supplies or equipment, bidding is not likely to result in the lowest price; or D. The city manager or the city council, as specified herein, determines that, due to unique circumstances or unusual factors, the award for the purchase of services, supplies or equipment from a source other than the lowest responsible bidder is in the best interest of the city.
The bidding process was not applied to this project due to Section B above, in that City Council goes dark in August, and approving this contract at this time will allow the project to continue to move forward in a timely fashion without interruption. Section C also applies, in that bidding is not likely to result in the lowest prices due to Kimley-Horn's familiarity with the project.
ATTACHMENT(S):
A. Resolution No. 24-202
B. Draft Kimley Horn Agreement
C. Kimley-Horn_ 2222 Rosemead Change Order
ATTACHMENT A
01257.0001/1001399.1 Page 1 of 2
RESOLUTION NO. 24-202
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AN AGREEMENT BETWEEN THE CITY OF
SOUTH EL MONTE KIMLEY-HORN AND ASSOCIATES, INC.
FOR COMPLETION OF ENVIRONMENTAL SERVICES
WHEREAS, on November 11, 2024, the City Manager approved a contract with KimleyHorn ("Consultant") to provide a third-party review of an applicant’s environmental initial study for property located at 2222 Rosemead Boulevard; and
WHEREAS, on June 13, 2024, due to the applicant’s consultant’s inability to complete the environmental initial study associated with the development of 2222 Rosemead Boulevard, requested that Kimley-Horn complete the remainder of the initial study; and WHEREAS, the City has determined that an Agreement with the consultant is necessary to complete the environmental initial study in a timely and cost-effective manner; and WHEREAS, the Agreement Contract Sum for the renewal and extension is not to exceed $44,900.00, which the applicant shall submit as a deposit with the City.
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, and each of them, are true and correct.
SECTION 2. The City Council hereby authorizes and directs the City Manager to take all actions necessary to execute and effectuate the Agreement in substantially the form attached as Attachment B to the July 23, 2024, staff report.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 30th day of July 2024.
_____________________________
Gloria Olmos, Mayor
ATTACHMENT A
01257.0001/1001399.1 Page 2 of 2
ATTEST:
_________________________
Sabrina Muhne, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-202 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 30th day of July 2024, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Sabrina Muhne, Interim City Clerk
01257.0005/998253.1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
KIMLEY-HORN AND ASSOCIATES, INC.
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ATTACHMENT B
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01257.0005/998253.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest
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2 professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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3 1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty Four Thousand Nine Hundred Dollars ($44,900.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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4 2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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5 ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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6 Dana C. Privitt Associate
(Name) (Title)
Jason Melchor Associate
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Rene Salas, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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7 4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
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
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8 during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(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.
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9 (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(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.
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10 (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
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
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11 liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
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
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12 maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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13 6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
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
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14 for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
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
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15 specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________ (___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
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16 damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
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
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17 this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
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
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18 the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Rene Salas, City Manager
ATTEST:
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC., a
North Carolina corporation
By:
Name:
Title:
By:
Name: Dana C. Privitt, AICP
Title: Associate / Assistant Secretary
Address:
1100 W Town & Country Rd, Suite 700,
Orange, CA 92868
“If applicable,” two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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01257.0005/998253.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01257.0005/998253.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
II. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01257.0005/998253.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
a. Preparation of Revised Administrative Draft Initial Study/Mitigated Negative Declaration
Due to inconsistencies between the project plans and the prior version of the IS/MND prepared by a different consultant, Kimley‐Horn will revise the Initial Study to incorporate applicable comments and update the Project Description and the Initial Study analysis sections for consistency with the corrected Project Description, internal consistency between the sections, and revisions to the analysis for consistency between the technical studies and the Initial Study sections. An additional technical study was provided subsequent to Kimley‐Horn’s review of the second/revised Initial Study. The Limited Soil Remediation Work Plan Addendum will be reviewed and the Hazardous Materials section of the Initial Study will be rewritten based on this new report. Work efforts will also include revised graphics where corrections are necessary; and formatting and word processing of the Initial Study. The revised document will be provided to the City in a version that shows revisions in track‐change and a version with all changes accepted. This scope of work assumes no changes to the project description or new/revised technical documentation upon authorization to proceed.
b. Print Check Initial Study/Mitigated Negative Declaration Upon receipt of comments from the City on the revised Initial Study, this scope of work assumes Kimley‐Horn will prepare the print check Initial Study for review by City staff. No changes to the project description or new/revised technical documentation are assumed. The IS/MND will be finalized for public review. A 30‐day public review period is assumed.
c. Distribution and Noticing
Kimley‐Horn will prepare the Notice of Availability/Notice of Intent and will be responsible for the distribution of the notice based on a City‐provided mailing list.
The notice will be distributed via certified mail to any responsible agencies and by regular mail to interested parties, community groups, and individuals. This scope of work assumes that the City will file the notice with the County Clerk‐Recorder.
The City will be responsible for any site postings and/or submittal of the notice to the newspaper for publication. The notice and Initial Study will be provided to the City in a format to be uploaded onto the City’s website. Kimley‐Horn will prepare notices for and upload the documents to the State Clearinghouse.
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01257.0005/998253.1 A-2
d. Responses to Comments
Kimley‐Horn will prepare responses to environmental comments received on the IS/MND during the 30‐day public review period. A draft Responses to Comments Memorandum will be submitted to the City for review. This scope of work assumes any comments received on technical reports provided by the applicant will be addressed by the applicant’s consultants and provided to Kimley‐Horn. This task assumes one reconciled set of comments from the City on the draft Responses to Comments Memorandum. Kimley‐Horn will revise the Memorandum and resubmit in track‐change. This Scope of Work assumes 24 technical hours; additional effort because of the complexity or number of comments would require a budget augment. e. Mitigation Monitoring and Reporting Program
Kimley‐Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to identify appropriate monitoring steps/procedures and to provide a basis for monitoring such measures during and upon project implementation. If the Planning Commission modifies the project and/or recommends changes to the conditions of approval/mitigation measures for the project, Kimley‐Horn will revise the MMRP. However, substantial modifications are not assumed. f. Notice of Determination
Following the City’s adoption of the IS/MND and approval of the project, Kimley‐ Horn will prepare the Notice of Determination (NOD). The City will be responsible for filing the NOD with the County Clerk. This scope of work assumes that payment of County filing fees and California Department of Fish and Wildlife fees by the applicant. Kimley‐Horn will file the NOD with the State Clearinghouse. g. Project Management and Meetings
Ms. Dana Privitt will serve as the Project Director responsible for supervision of the Kimley‐Horn team and documentation review for compliance with CEQA requirements and guidelines and City CEQA procedures. Project management responsibilities include task scheduling and assignment, contract administration and accounting, and coordination and communications with the Client and City.
Dana will maintain weekly communication to ensure compliance with the scope of work, budget, and schedule, and to disseminate project information in a timely manner. Attendance at one public hearing is assumed.
III. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
All deliverables will be transmitted electronically unless otherwise noted.
A. Revised IS/MND in track‐change and clean format (one round of review based on one set of consolidated comments)
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01257.0005/998253.1 A-3
B. Print check IS/MND for staff approval
C. Reproduction of IS/MND: up to 10 print copies with technical appendices on flash drive; web‐ready version of IS/MND with technical appendices D. Preparation and distribution of Notice of Availability/Notice of Intent based on City mailing list: up to 50 copies
E. Confirmation from City regarding filing Notice of Availability/Notice of Intent with the County Clerk‐Recorder
F. Submittal of IS/MND to the State Clearinghouse
G. Draft Responses to Comments (one review cycle based on one set of reconciled comments; 24 technical hours). Applicant’s consultants to prepare responses to any technical reports.
H. Submittal of revised Responses to Comments
I. Draft MMRP (one review cycle based on one set of reconciled comments) J. Submittal of revised MMRP
K. Preparation of Notice of Determination (NOD). City filing of NOD with County Clerk
L. Submittal of NOD to the State Clearinghouse
IV. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City apprised of the status of performance by delivering the following status reports:
Not Applicable
V. 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.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Dana C. Privitt, AICP
B. Personnel of Kimley-Horn and Associates, Inc.
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01257.0005/998253.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
I. Section 1.1, “Scope of Services,” of the Agreement is hereby amended to read in its entirety as follows:
“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 industry’s 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.” II. Section 1.5, “Familiarity with Work,” of the Agreement is hereby amended to read in its entirety as follows:
“1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants maintains 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.”
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01257.0005/998253.1 B-2
III. Section 5.2(c), “General Insurance Requirements,” of the Agreement is hereby amended to read in its entirety as follows:
“5.2 General Insurance Requirements.
(c) Primary/noncontributing. Coverage provided by Consultant, except professional liability, worker’s compensation and employer’s liability shall be primary and any insurance or selfinsurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.”
IV. Section 5.3, “Indemnification,” of the Agreement is hereby amended to read in its entirety as follows:
“5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action
DRAFT
01257.0005/998253.1 B-3
or proceeding, including but not limited to, legal costs and attorneys’ fees to the extent finally determined to have been caused by Consultant’s negligence.
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 and defense obligations hereunder shall be limited to claims and liabilities to the extent 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.” V. Section 7.3, “Retention of Funds,” of the Agreement is hereby amended to read in its entirety as follows:
“7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.” VI. Section 7.7, “Liquidated Damages,” of the Agreement is hereby deleted in its entirety as follows:
DRAFT
01257.0005/998253.1 B-4
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________ (___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
DRAFT
01257.0005/998253.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
TASK SUBBUDGET
A. Initial Study $20,000
B. Revised/Printcheck Initial Study $6,000
C. Notices: NOA, NOC, NOD $2,500
D. Responses to Comments $7,500
E. MMRP $2,000
F. Project Management, Meetings,
Public Hearing
$5,000
Subtotal Professional Fees $43,000
ESTIMATED DIRECT EXPENSES
Office Expenses $1,900
Subtotal Direct Expenses $1,900
TOTAL FEE ESTIMATE $44,900
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
DRAFT
01257.0005/998253.1 C-2
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.
DRAFT
01257.0005/998253.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
TASK Days to Perform
Initial Study 3 weeks from authorization
to proceed and receipt of
most recent plan set and
technical studies.
Revised/Printcheck
Initial Study
2 weeks following one set of
consolidated comments on
the Initial Study
Notices: NOA, NOC,
NOD
NOA and NOC: as a part of
preparation of Printcheck
Initial Study
NOD: within 5 working days
of project approval
Responses to Comments 2 weeks following end of the
30-day public review period.
Note: timeframe may extend
depending on the number
and complexity of comments
Revised Responses to
Comments: 2 weeks or less
from receipt of one set of
consolidated comments on
draft Responses to
Comments
MMRP Concurrent with preparation
of Responses to Comments
Project Management,
Meeting
Ongoing during duration of
project
II. Consultant shall deliver the following tangible work products to the City by the following dates.
All deliverables will be transmitted electronically unless otherwise noted.
DRAFT
01257.0005/998253.1 D-2
A. Revised IS/MND in track‐change and clean format (one round of review based on one set of consolidated comments)
B. Print check IS/MND for staff approval
C. Reproduction of IS/MND: up to 10 print copies with technical appendices on flash drive; web‐ready version of IS/MND with technical appendices D. Preparation and distribution of Notice of Availability/Notice of Intent based on City mailing list: up to 50 copies
E. Confirmation from City regarding filing Notice of Availability/Notice of Intent with the County Clerk‐Recorder
F. Submittal of IS/MND to the State Clearinghouse
G. Draft Responses to Comments (one review cycle based on one set of reconciled comments; 24 technical hours). Applicant’s consultants to prepare responses to any technical reports.
H. Submittal of revised Responses to Comments
I. Draft MMRP (one review cycle based on one set of reconciled comments) J. Submittal of revised MMRP
K. Preparation of Notice of Determination (NOD). City filing of NOD with County Clerk L. Submittal of NOD to the State Clearinghouse
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Kimley-Horn | 1100 Town and Country Road, Suite 700, Orange, CA 92868 | 714.939.1030 June 13, 2024
Gerardo Marquez, Planning Manager
City of South El Monte
1415 N. Santa Anita Avenue
South El Monte, CA 91733
Subject: Change Order No. 1 for the 2222 Rosemead Boulevard Warehouse Project – Budget Augment 1 Dear Mr. Marquez:
At the direction and request of City staff, Kimley‐Horn has prepared this change order to our existing contract with the City of South El Monte, dated November 11, 2023, associated with the 2222 Rosemead Boulevard Warehouse Project. Our existing contract was to review the Initial Study/Mitigated Negative Declaration (IS/MND) and technical studies for appropriateness/thoroughness of the analyses; whether the analyses’ conclusions are supported by factual/credible evidence including but not limited to technical studies; accurate representation of project‐related information; whether the analyses meet applicable regulatory and CEQA provisions; and feasibility of mitigation measures. As part of the original scope of work, Kimley‐Horn has conducted two rounds of peer review of the IS/MND and associated technical studies.
Our scope of work is provided as Attachment A.
Thank you for your consideration of this amendment request. Please contact Dana at (714) 786‐6128, should you have questions. Your signature below indicates your acceptance of the amendment request.
Sincerely,
KIMLEY‐HORN AND ASSOCIATES, INC.
Dana C. Privitt, AICP Jason Melchor, P.E. (No. 65218) dana.privitt@kimley‐horn.com jason.melchor @kimley‐horn.com 714.786.6128 714.705.1331
By signing below, you are in acceptance of the Amendment. _________________________________ _________________________ Name: Date:
City of South El Monte
Attachment A
ATTACHMENT C
Kimley-Horn | 1100 Town and Country Road, Suite 700, Orange, CA 92868 | 714.939.1030 Attachment A
2222 Rosemead Boulevard Warehouse Project
Scope of Work Change Order No. 1
Preparation of Revised Administrative Draft Initial Study/Mitigated Negative Declaration Due to inconsistencies between the project plans and the prior version of the IS/MND prepared by a different consultant, Kimley‐Horn will revise the Initial Study to incorporate applicable comments and update the Project Description and the Initial Study analysissectionsfor consistency with the corrected Project Description, internal consistency between the sections, and revisions to the analysis for consistency between the technical studies and the Initial Study sections. An additional technical study was provided subsequent to Kimley‐Horn’s review of the second/revised Initial Study. The Limited Soil Remediation Work Plan Addendum will be reviewed and the Hazardous Materials section of the Initial Study will be rewritten based on this new report. Work efforts will also include revised graphics where corrections are necessary; and formatting and word processing of the Initial Study. The revised document will be provided to the City in a version that shows revisions in track‐change and a version with all changes accepted. This scope of work assumes no changes to the project description or new/revised technical documentation upon authorization to proceed.
Print Check Initial Study/Mitigated Negative Declaration Upon receipt of comments from the City on the revised Initial Study, this scope of work assumes Kimley‐Horn will prepare the print check Initial Study for review by City staff. No changes to the project description or new/revised technical documentation are assumed. The IS/MND will be finalized for public review. A 30‐day public review period is assumed.
Distribution and Noticing
Kimley‐Horn will prepare the Notice of Availability/Notice of Intent and will be responsible for the distribution of the notice based on a City‐provided mailing list. The notice will be distributed via certified mail to any responsible agencies and by regular mail to interested parties, community groups, and individuals. This scope of work assumes that the City will file the notice with the County Clerk‐Recorder. The City will be responsible for any site postings and/or submittal of the notice to the newspaper for publication. The notice and Initial Study will be provided to the City in a format to be uploaded onto the City’s website. Kimley‐Horn will prepare notices for and upload the documents to the State Clearinghouse.
Responses to Comments
Kimley‐Horn will prepare responses to environmental comments received on the IS/MND during the 30‐day public review period. A draft Responses to Comments Memorandum will be submitted to the City for review.
This scope of work assumes any comments received on technical reports provided by the applicant will be addressed by the applicant’s consultants and provided to Kimley‐Horn. This task assumes one reconciled set of comments from the City on the draft Responses to Comments Memorandum. Kimley‐Horn will revise the Memorandum and resubmit in track‐change. This Scope of Work assumes 24 technical hours; additional effort because of the complexity or number of comments would require a budget augment.
Mitigation Monitoring and Reporting Program
Kimley‐Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) to identify appropriate monitoring steps/procedures and to provide a basis for monitoring such measures during and upon project
Kimley-Horn | 1100 Town and Country Road, Suite 700, Orange, CA 92868 | 714.939.1030 implementation. If the Planning Commission modifiesthe project and/or recommends changesto the conditions of approval/mitigation measures for the project, Kimley‐Horn will revise the MMRP. However, substantial modifications are not assumed.
Notice of Determination
Following the City’s adoption of the IS/MND and approval of the project, Kimley‐Horn will prepare the Notice of Determination (NOD). The City will be responsible for filing the NOD with the County Clerk. This scope of work assumes that payment of County filing fees and California Department of Fish and Wildlife fees by the applicant.
Kimley‐Horn will file the NOD with the State Clearinghouse.
Project Management and Meetings
Ms. Dana Privitt will serve as the Project Director responsible for supervision of the Kimley‐Horn team and documentation review for compliance with CEQA requirements and guidelines and City CEQA procedures.
Project management responsibilities include task scheduling and assignment, contract administration and accounting, and coordination and communications with the Client and City. Dana will maintain weekly communication to ensure compliance with the scope of work, budget, and schedule, and to disseminate project information in a timely manner. Attendance at one public hearing is assumed.
Deliverables and Assumptions
All deliverables will be transmitted electronically unless otherwise noted. Revised IS/MND in track‐change and clean format (one round of review based on one set of consolidated comments)
Print check IS/MND for staff approval
Reproduction of IS/MND: up to 10 print copies with technical appendices on flash drive; web‐ready version of IS/MND with technical appendices
Preparation and distribution of Notice of Availability/Notice of Intent based on City mailing list: up to 50 copies
Confirmation from City regarding filing Notice of Availability/Notice of Intent with the County Clerk‐ Recorder
Submittal of IS/MND to the State Clearinghouse
Draft Responses to Comments (one review cycle based on one set of reconciled comments; 24 technical hours). Applicant’s consultants to prepare responses to any technical reports. Submittal of revised Responses to Comments
Draft MMRP (one review cycle based on one set of reconciled comments) Submittal of revised MMRP
Preparation of Notice of Determination (NOD). City filing of NOD with County Clerk Submittal of NOD to the State Clearinghouse
Kimley-Horn | 1100 Town and Country Road, Suite 700, Orange, CA 92868 | 714.939.1030 Cost Estimate
Professional Fees
Initial Study $20,000
Revised/Printcheck Initial Study $6.000
Notices: NOA, NOC, NOD $2,500
Responses to Comments $7,500
MMRP $2,000
Project Management, Meetings, Public Hearing $5,000
Subtotal Professional Fees $ 43,000
ESTIMATED DIRECT EXPENSES
Office Expenses $1,900
Subtotal Direct Expenses $1,900
TOTAL FEE ESTIMATE $44,900
Direct expenses include but are not limited to in‐house duplicating and blueprinting, telephone/mobile calls, electronic messaging, and postage; direct expenses are a percentage of labor costs.
City Council Agenda Report
Agenda Item No. 7.d.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL FOR AUTHORIZATION
TO SOLICIT REQUEST FOR PROPOSALS (RFP) FOR THE
ADMINISTRATION OF THE CALHOME OWNER-OCCUPIED
HOME REPAIR PROGRAM AND THE FIRST TIME
HOMEBUYER'S PROGRAM
SUMMARY: Staff seeks City Council approval to issue an RFP to establish a prequalified list of individuals and/or firms to administer and implement the CalHome OwnerOccupied Home Repair Program and the Permanent Local Housing Allocation (PLHA) First Time Home Buyer Program.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to establish a pre-qualified list of individuals and/or firms to administer and implement the CalHome Owner-Occupied Home Repair program and the First Time Home Buyer Program.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact with the issuance of the RFP.
DISCUSSION: The RFP for the program administrator of the CalHome Owner-Occupied Home Repair Program and The First Time Home Buyer Program will assist the City to expend the grant funds prior to the end of the grant period. In addition, this collaboration will assist the City in future funding cycles, granting the City the continual years of program implementation experience needed to qualify for future CalHome grants and the utilization of Permanent Local Housing Allocation (PLHA) funds. The program will be funded by the City’s CalHome Reuse account and PLHA to carry out the home repair program and down payment assistance. Both programs will be in the form of deferred payment loans to South El Monte residents with a 30-year restriction on the home.
Prepared by: Linda Barragan, Community Development Analyst
ATTACHMENT(S):
A. RFP Packet - CalHome
City Council Agenda Report
Agenda Item No. 7.e.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL FOR AUTHORIZATION
TO SOLICIT REQUEST FOR PROPOSALS (RFP) FOR THE
FORECLOSURE REGISTRATION PROGRAM OF
ABANDONED PROPERTIES
SUMMARY: Consideration for authorization to issue a request for proposals (RFP) to establish proposals list of qualified firms to administer the foreclosure registration program of abandoned properties.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to establish a pre-qualified list of firms to administer and monitor foreclosures in the City.
FISCAL/FINANCIAL IMPACT: The registration fee for the Foreclosure of Abandoned Properties process is $575 per foreclosure, which recovers the cost of the City.
DISCUSSION: When the owner of a vacant property neglects to maintain and manage the property, it can become a significant source of blight in residential neighborhoods.
The approved foreclosure ordinance requires lenders to take a more active role in the maintenance and management of properties that are going through the foreclosure process. It also allows City Staff to monitor and advise lenders regarding abandoned properties. Because a property may be in the foreclosure process for an extended period of time, it is beneficial for both the lender/owner and the community to register the property at the time of default. The City is seeking a consultant to administer the program and track the property through the entire foreclosure process.
Prepared by: Linda Barragan, Community Development Analyst
ATTACHMENT(S):
A. RFP Packet - Foreclosure
City Council Agenda Report
Agenda Item No. 7.f.
DATE: July 30, 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, Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-203, UPDATING THE COMPENSATION SCHEDULE OF
SEASONAL, HOURLY POSITIONS OF POOL MANAGER,
ASSISTANT POOL MANAGER, WATER SAFETY
INSTRUCTOR, AND LIFEGUARD
SUMMARY: Approval of Resolution 24-203 will update the compensation schedule of the seasonal, hourly positions of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 203, updating the compensation schedule of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard by increasing the hourly rate by $3.00, respectively.
FISCAL/FINANCIAL IMPACT: The expected fiscal impact is $6,240.00, as calculated below:
DISCUSSION: The City of South El Monte (“City”) operates a seasonal Aquatic Center, offering aquatic programs traditionally from May – September. Aquatic programs include swimming lessons, senior water aerobics, lap swim, and recreation swimming. The City recruits seasonal employees such as Lifeguards and Water Safety Instructors annually, starting in March and continuing throughout the summer until filled.
Recruitment has been an ongoing challenge due to competition with other public agencies in the area who are hiring for similar positions. Currently within the Los Angeles
County Parks & Recreations departments, cities are paying up to $25.87 per hour for a lifeguard, as opposed to our City with a starting pay of $16.85 for the same position. In addition, the City faces other labor restrictions which impact the aquatic personnel. The part-time workforce must comply with the 2010 Federal Affordable Care Act requirements, limiting each employee to working a maximum of 130 hours per month.
This year, the shortage of personnel affected our aquatic programming. The City has been forced to reduce the number of swimming lessons offered by removing the morning classes and only offering limited classes in the afternoon. The traditional schedule for recreation swim has also been modified by cancelling Night Swim on Tuesday and Thursday evenings and Saturday recreation swim.
Recruitment efforts by the Community Services Department include constant postings on the City’s social media pages, poster advertisements displayed throughout City facilities, and promotion on the City’s website and newsletter. The Human Resources Department publishes all job opportunities online using the NEOGOV software and provides all job bulletins to the surrounding high schools and community colleges.
To be competitive, staff recommends that the compensation schedule of the seasonal, hourly positions of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard be updated by increasing the hourly rate by $3.00, respectively. Adjusting the compensation for hourly employees is critical for a successful recruitment process and retention of aquatics personnel throughout the summer to efficiently serve the community to its full potential.
Staff report prepared by Nancy Rodriguez, Community Services Analyst.
ATTACHMENT(S):
A. Resolution 24-203
B. Exhibit A Compensation Schedule
ATTACHMENT A
RESOLUTION NO. 24-203
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING THE UPDATE TO THE COMPENSATION
SCHEDULE OF SEASONAL, HOURLY POSITIONS OF POOL
MANAGER, ASSISTANT POOL MANAGER, WATER SAFETY
INSTRUCTOR, AND LIFEGUARD
WHEREAS, the City of South El Monte (“City”) employs the seasonal, hourly positions of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard who are required to be certified with the American Red Cross; and WHEREAS, the seasonal, hourly positions of Pool Manager, Assistant Pool Manager, Water Safety Instructor, and Lifeguard are limited to working a maximum of 130 hours per month; and
WHEREAS, a uniform basis for recognizing compensation levels for this category of position is essential to the effective and efficient operation of City Aquatic programming; and WHEREAS, an adjustment to increase the compensation schedule by $3.00 for each position is desired for the City to remain competitive in the recruitment and retention of aquatic employees.
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 South El Monte City Council hereby approves the updated compensation schedule—attached hereto and incorporated herein as “Exhibit A”— for the seasonal, hourly positions of Pool Manager, Assistant Pool, Manager, Water Safety Instructor, and Lifeguard in the amount of $3.00 respectively.
SECTION 3. The City Clerk shall certify the adoption of this Resolution 24-203.
PASSED, APPROVED AND ADOPTED this 30th day of July 2024. _____________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Sabrina Muhne, Interim City Clerk
01257.0004/999559.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-203 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 30th day of July 2024, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Sabrina Muhne, Interim City Clerk
Exhibit A
a b c d = c - b e = a x d
Total Expected Current Hourly Rate Proposed Hourly Rate Increase in Fiscal Position Annual Hours* Step A Step A Hourly Rate Impact Lifeguard 520 16.85 19.85 3.00 1,560.00
Water Safety Instructor 520 18.04 21.04 3.00 1,560.00
Assistant Pool Manager 520 19.31 22.31 3.00 1,560.00
Pool Manager 520 21.05 24.05 3.00 1,560.00
6,240.00
* 130 hours for 4 months.
ATTACHMENT B
City Council Agenda Report
Agenda Item No. 7.g.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-204, APPROVING APPOINTMENT OF COMMISSIONERS
TO THE PATRIOTIC COMMISSION
SUMMARY: Vacancy appointments to be made to the Patriotic Commission, which is a five-member commission with currently two (2) vacant positions. The current terms expire on December 31, 2024.
RECOMMENDED ACTION: Staff recommends City Council consider Mayor Olmos' appointment of David Flores and Rosemary R. Tavera, seeking appointment to the Patriotic Commission for the remainder of the term commencing July 30, 2024, through December 31, 2024.
FISCAL/FINANCIAL IMPACT: Funds have been budgeted for five (5) commissioners.
Each Commissioner will receive a monthly stipend of $100 for attending the monthly meeting.
DISCUSSION: A “Notice of Vacancy” was posted on the City’s webpage on March 3, 2024, with an "Open Until Filled" deadline. An additional "Notice of Vacancy" was posted on May 1, 2024, increasing the vacancies to two (2) positions, with an "Open Until Filled" deadline.
The Patriotic Commission is a five-member commission consisting of city residents appointed by a majority of the City Council for a one-year term.
The Patriotic Commission acts in an advisory capacity to the City Council in all matters pertaining to patriotism and the civic recognition of both active and veteran military personnel.
Three (3) applicants are seeking appointment to the Patriotic Commission.
Seeking Appointment: Abraham Flores Rojo, David Flores, and Rosemary R. Tavera
ATTACHMENT(S):
A. Resolution No. 24-204
B. Commission Applications
ATTACHMENT A
01257.0001/1001399.1 Page 1 of 2
RESOLUTION NO. 24-204
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING THE APPOINTMENT OF TWO
COMMISSIONERS TO THE PATRIOTIC COMMISSION
WHEREAS, the City of South El Monte’s (“City”) Patriotic Commission advised in all matters pertaining to patriotism and the civic recognition of both active and veteran military personnel; and
WHEREAS, the Patriotic Commission consists of five (5) City residents appointed by a majority of the City Council for a one (1) year term; and WHEREAS, a “Notice of Vacancy” for one (1) vacancy on the five-member commission was posted on the City’s website on March 3, 2024 with an “Open Until Filled” deadline; and WHEREAS, a “Notice of Vacancy” for two (2) vacancies on the five-member commission was posted on the City’s website on May 1, 2024 with an “Open Until Filled” deadline:
WHEREAS, three (3) applicants are seeking appointment on the Patriotic Commission; and
WHEREAS, the Mayor desires to appoint David Flores and Rosemary R. Tavera for the remainder of the term commencing July 30, 2024, through December 31, 2024, to the Patriotic Commission, subject to majority approval of City Council.
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, and each of them, are true and correct.
SECTION 2. The City Council hereby approves the appointment of David Flores and Rosemary R. Tavera to the City’s Patriotic Commission.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 30th day of July 2024.
_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Sabrina Muhne, Interim City Clerk
01257.0001/1001399.1 Page 2 of 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-204 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 30th day of July 2024, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Sabrina Muhne, Interim City Clerk
ATTACHMENT B
City Council Agenda Report
Agenda Item No. 7.h.
DATE: July 30, 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 A BIKE RIDE TO
CELEBRATE WOMEN AND GIRLS
SUMMARY: Staff is requesting City Council's approval to organize an All-Women and Girls Bike Ride. The proposed event date is Saturday, September 21st, meeting at 8:30 AM at the South El Monte Community Center.
RECOMMENDED ACTION: Staff recommends City Council:
1. Approve the All-Women and Girls Bike Ride to be held on Saturday, September 21st meeting at 8:30 AM at the South El Monte Community Center; and
2. Approve allocating $950.00 from the City's Special events account 01-151-1543- 5952 to host the event.
FISCAL/FINANCIAL IMPACT: The estimated fiscal impact associated with the AllWomen and Girls Bike Ride is as follows (Special Events account 01-151-1543-5952):
Estimated Cost to Host Event:
Item Description Cost
Snacks and Sandwiches 50 Participants $200.00
Bike Raffle Participant raffle at the end of the ride $150.00 Staff Time Food prep, bike ride escort $600.00
Total $950.00
DISCUSSION: The City of South El Monte strives in its effort to raise awareness about gender bias and promoting solutions toward greater gender equality by hosting community events. In support of this inspiring cause, City Staff, in collaboration with the Commission for the Advancement of Women and Girls, are proposing an All-Women and
Girls Bike Ride scheduled for Saturday, September 21, 2024.
The goal of the event is to foster a sense of community among women and girls who share a passion for cycling by providing a supportive environment for participants to connect, share experiences, and inspire each other. Ultimately, organizing an All-Women and Girls Bike Ride is about creating a fun and enjoyable experience for participants, promoting a healthy lifestyle, and fostering a supportive community that encourages more women and girls to take up cycling.
Staff report prepared by Nancy Rodriguez, Community Services Analyst.
ATTACHMENT(S):
A. Attachment A - All Women & Girls Bike Ride Flyer
ATTACHMENT A
City Council Agenda Report
Agenda Item No. 7.i.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL FOR AUTHORIZATION
TO SOLICIT REQUEST FOR PROPOSALS (RFP) FOR A
THIRD-PARTY INDEPENDENT REVIEW OF AN
ENVIRONMENTAL IMPACT REPORT AND RELATED
TECHNICAL STUDIES IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
SUMMARY: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with a peer review of an Environmental Impact Report (EIR) and related technical studies.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to provide peer review of an Environmental Impact Report (EIR) and related technical studies RFP substantially in the form attached to the agenda report, subject to minor revisions by the City Attorney, and authorize the City to solicit proposals.
FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with the approval of the RFP and authorization to solicit proposals. Third party peer review fees and associated costs will be paid by the Applicant.
DISCUSSION: Magellan Value Partners (MVP) (Applicant) is proposing to develop an existing 21-acre vacant property that would include the construction of a 221,815 square feet industrial warehouse and ancillary office space. The warehouse component of the project would be located on approximately 10.2 acres of the southeastern portion of the site. The warehouse would provide 40 truck trailer parking stalls on the southeast side of the warehouse, with 27 dock doors located along the southeast side of the building.
Short-term and long-term bike racks would also be provided for warehouse employees.
Within the footprint of the USACE retention basin, approximately 10.9 acres of the northwestern portion of the project site would be dedicated to the City for future development of a park. The park would not be constructed by the Applicant. Future park development by the City is conceptually proposed to include two soccer fields with open lawn areas with night lighting for the parking lots and soccer fields. Approximately 152
parking stalls and restroom facilities are expected.
The RFP release date is August, 8, 2024; responses to the RFP will be due on September 9, 2024, at 5:00 p.m.; and, the anticipated award of contract date is October 2024.
Prepared by: Gerardo Marquez, Planning Manager
ATTACHMENT(S):
A. RFP EIR(1001214.1)
REQUEST FOR PROPOSAL
Peer Review of an Environmental Impact Report for the South El Monte Athletic Fields and Business Park Project
CITY OF SOUTH EL MONTE
Community Development Department
1415 North Santa Anita Avenue
South El Monte, CA 91733
______________, 2024
Submittal Deadline: 5:00 P.M. ______, 2024
Contact:
Gerardo Marquez, Planning Manager
Email: [email protected]
CITY OF SOUTH EL MONTE, CALIFORNIA
REQUEST FOR PROPOSAL (RFP)
Peer Review of an Environmental Impact Report for the
South El Monte Athletic Fields and Business Park Project Firms wishing to be considered responsive to this RFP, must submit three (3) hard copies, and one (1) electronic PDF copy (saved on a flash drive) of their proposal in a sealed envelope no later than ___________________ at 5:00 p.m. The envelope should be clearly marked as shown below:
Proposal for Peer Review of the South El Monte Athletic Fields and Business Park EIR Attention: Gerardo Marquez, Planning Manager
c/o Office of the City Clerk,
1415 Sana Anita Road
South El Monte, California 91733
Submit Questions to:
Gerardo Marquez, Planning Manager
[email protected]
LATE OR INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED.
The proposal must include all requirements listed under “Scope of Services” and “Proposal Requirements and Other Information”. This RFP contains additional information regarding the evaluation process, general terms and conditions, and the City’s template for professional services agreements under “Attachment D”. and City staff is available to respond to questions. To facilitate proposal development, the Notice of Preparation is provided under “Attachment A”.
SCOPE OF SERVICES SUMMARY: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with a peer review of an Environmental Impact Report (EIR) and related technical studies. The selected firm or team (hereinafter the “Consultant”) will be responsible for the review and preparation of comments on the reviewed documents to ensure that the provisions of the California Environmental Quality Act are met.
PROJECT DESCRIPTION SUMMARY AND LOCATION
Location: The project site is approximately 21.17 acres. The site is generally bordered by Santa Anita Avenue to the north and west, Whitter Narrows Recreation Area to the west, Lexington-Gallatin Road to the south, and an undeveloped vacant parcel and State Route (SR-60) to the east.
The project site is located within U.S. Army Corps of Engineers (USACE) reservoir flowage easement lands associated with the spillway activation elevation of the Whittier Narrows Dam. The proposed project is not allowed to reduce the Whittier Narrows reservoir's storage space. To avoid an adverse effect to flood storage capacity of the reservoir, the project must balance the cut and fill up to the spillway activation elevation of the Whittier Narrows Dam. To maintain the reservoir capacity, the project proposes to excavate within the future park portion of the project site and raise the finished grade of the warehouse portion above the spillway activation elevation using the excavated material.
Warehouse Development: Magellan Value Partners (MVP) (Applicant) is proposing to develop an existing 21-acre vacant property that would include the construction of an industrial warehouse building with approximately 201,815 square feet (sf) of warehouse with ancillary office space for a total building area
of 221,815 sf. The warehouse component of the project would be located on approximately 10.2 acres of the southeastern portion of the site. The warehouse would provide 40 truck trailer parking stalls on the southeast side of the warehouse, with 27 dock doors located along the southeast side of the building.
Short-term and long-term bike racks would also be provided for warehouse employees.
Future Public Park: Within the footprint of the USACE retention basin, approximately 10.9 acres of the northwestern portion of the project site would be dedicated to the City for future development of a park.
The park would not be constructed by the Applicant. Future park development by the City is conceptually proposed to include two soccer fields with open lawn areas with night lighting for the parking lots and soccer fields. Approximately 152 parking stalls and restroom facilities are anticipated.
City of South El Monte discretionary actions that could be approved based on the certification of the Final EIR would include the following:
▪ General Plan Amendment
▪ Zoning Map Amendment
▪ Parcel Map Subdivision
▪ Conditional Use Permit
The proposed Project would require permits and/or approvals from the following agencies:
▪ USACE Section 408 Permission pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 USC 408. The peer review of NEPA documentation is not a part of this RFP.
SCOPE OF SERVICES:
The following scope of services is provided for the selection process. The City may alter the scope prior to executing a professional services agreement with the selected firm.
Peer Review of an Environmental Impact Report for the South El Monte Athletic Fields and Business Park Project
An Environmental Impact Report (EIR) will be prepared to provide an assessment of potential environmental impacts of the proposed project. The City’s Consultant will perform a peer review of the EIR and the Technical Reports prepared in conjunction, to ensure that the provisions of the California Environmental Quality Act are met. The EIR will provide project-level analysis of the proposed warehouse and program-level analysis of the proposed future park.
The following environmental topic areas will be addressed in the EIR:
▪ Aesthetics
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Energy
▪ Geology and Soils
▪ Greenhouse Gas Emissions
▪ Hazards and Hazardous Materials
▪ Hydrology and Water Quality
▪ Land Use and Planning
▪ Noise
▪ Population and Housing
▪ Public Services
▪ Recreation
▪ Transportation and Circulation
▪ Tribal Cultural Resources
▪ Utility and Service Systems
Technical Studies
The following studies and/or information will be provided to the EIR Consultant. The Consultant will be responsible for the review of the noted studies for adequacy and completeness pursuant to CEQA requirements. Any required revisions will be the responsibility of the Applicant. ▪ Air Quality and Health Risk Assessment
▪ Biological Resources Report
▪ Cultural Resources Study: Historic and Archaeological, including tribal consultation ▪ Paleontological Resources: records review
▪ Drainage Study (technical review provided by the City) ▪ Preliminary Low Impact Development Plan (technical review provided by City) ▪ Energy Assessment (as a part of the EIR section)
▪ Geotechnical Study
▪ Greenhouse Gas Emissions Assessment
▪ Phase I Environmental Site Assessment
▪ Noise and Vibration Assessment
▪ Traffic: VMT Study (technical review provided by the City) ▪ Traffic: LOS Study (the LOS study has been requested by the City but is not a part of the EIR and would not be evaluated by the selected Consultant)
Scope Assumptions
Technical Studies
▪ Review all technical studies for CEQA adequacy, identifying any deficiencies or confirming adequacy in a memo to City staff.
▪ Review any necessary revised technical studies, identifying any deficiencies or confirming adequacy in a memo to City staff.
▪ Two rounds of review anticipated.
Environmental Impact Report
▪ Administrative Draft EIR (one round of review). Written comments provided to the City. ▪ Revised Administrative Draft EIR (one round of review). The Revised Administrative Draft EIR will be provided to the City/Consultant in track/change for review. ▪ Proof Check Draft EIR (no new comments by Consultant are anticipated).
Responses to Comments
▪ Draft Responses to Comments (one round of review). The responses to comments will be provided as a separate document and will not be incorporated into the EIR). Identify any deficiencies or confirm adequacy in a memo to City staff.
▪ Revised Responses to Comments (one round of review) to confirm all comments have been addressed.
▪ Two rounds of review anticipated.
Mitigation Monitoring and Reporting Program
▪ Draft Mitigation Monitoring and Reporting Program (MMR) (one round of review). Identify any deficiencies or confirm adequacy in a memo to City staff.
▪ Revised MMRP (one round of review) to confirm all comments have been addressed. ▪ Two rounds of review anticipated.
Findings of Fact and Statement of Overriding Considerations ▪ Draft Findings and Statement of Overriding Considerations (one round of review). Identify any deficiencies or confirm adequacy in a memo to City staff. ▪ Revised Findings and Overriding Considerations (one round of review) to confirm all comments have been addressed.
▪ Two rounds of review anticipated.
Meetings and Hearings
▪ Attendance at two Planning Commission and two City Council hearings. Address CEQA-related questions during the public hearings.
▪ Participation in up to six conference calls.
PROPOSAL REQUIREMENTS: The firm’s proposal should describe the methodology to be used to furnish the requested services. The proposal should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of South El Monte relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of services and to include in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City will not approve addenda to the selected firm’s agreement which do not involve a substantial change from the general scope of services identified in this RFP.
Each proposal must include the following:
▪ Cover Letter. Letter addressed to Guillermo Arreola, Community Development Director, signed by principal or authorized officer who may make legally binding commitments for the entity. The consultant shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposal.
▪ Firm and Project Manager Experience. Provide information concerning your firm’s experience as it directly relates to the type of project and services set forth herein. Define the experience of the Project Manager, other key personnel and subconsultants assigned to work with the City. Identify all team members and their titles and responsibilities for the project in an Organizational Chart.
Please provide resumes.
Demonstrate the relevant expertise and experience of each key team member. Describe at least three projects demonstrating the Consultant’s experience. The proposed Project Manager should have been the project manager or a prominent team member on these projects. Provide a description of the firm’s prior performance in terms of meeting time and budget estimates, with specific references to the projects cited.
The designated Project Manager shall be the primary contact with the City during the project period. The Consultant shall disclose in the any and all proposed subconsultant(s), including details regarding which services they would perform.
▪ Technical Proposal. Describe in detail your approach and understanding of all necessary tasks and steps involved in the project; include a list of deliverables.
▪ References. Provide a minimum of three references for work directly relevant to the project. The references must be for the Project Manager assigned to the project. In order that the City may contact the reference, please identify the name of the client, contact person, phone number, email address, a description of services, and dates of services performed. ▪ Schedule assumptions. Identify time duration for review of work efforts. ▪ Cost proposal identifying all task items, hourly rates, and other direct expenses involved with delivery of the requested services. Provide an hourly rate schedule with list of reimbursable expenses involved. Please include a 10 percent contingency.
Proposals must be in an 8 ½ X 11 format, may be no more than a total of 40 pages (20 sheets of paper, double sided and folded 11”x17” sheets are acceptable), including an organization chart, staff resumes and appendices, and cover letter. (A minimum font size of 10 points must be used). NOTE: Dividers, attachments included in this RFP to be submitted with the proposal do NOT count toward the 40-page limit.
City Responsibilities
The City shall provide the following items to assist the Consultant in completing services:
▪ A primary City representative to act as a project manager; ▪ Copies of all relevant planning documents and land use data; ▪ Coordinate and schedule meetings with the City and Applicant; ▪ Notice Public Meetings, post meeting agendas, and meeting minutes in accordance with the Brown Act;
▪ Provide staff support and oversight during the processing of the application; and ▪ Prepare Planning Commission and City Council staff reports and schedule public hearings.
EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation is for professional services and award of a professional services contract may be made to the most qualified firm who will best serve the City’s interests taking into account the demonstrated competence and professional qualifications for the scope of services to be provided and at fair and reasonable price to the City.
The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of South El Monte in accordance with the standard Professional Services Agreement (see Attachment D). Requested changes to the Professional Services Agreement must be identified in the proposal but may not be approved.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.
Evaluation and Award Schedule
The following is a tentative schedule of the RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are projections and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.
RFP Published August 8, 2024
Proposals Due September 9, 2024
Anticipated Consultant Selection: Week 1 of 2024
CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:
Evaluation Criteria Max Points
Completeness of the Proposals and compliance with the required RFP format. 10 Project understanding, scope and approach to develop the project efficiently. 25 Experience and Qualifications of Key Staff. 25
Similar Project Experience, including familiarity with State and Federal procedures
25 Effectiveness of Project Schedule showing how the consultant will be able to complete the design within required time duration
15 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.
The City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.
At the City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected consultants and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.
After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated, and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.
GENERAL TERMS AND CONDITIONS
The City of South El Monte shall not, in any event, be liable for any pre-contractual expenses incurred by the consultant. Pre-contractual expenses are defined as expenses incurred by the consultant in:
1. Preparing the response to this Request for Proposal.
2. Submitting the proposal to the City.
3. Negotiating with the City in any matter related to this proposal.
4. Any other expenses incurred by consultant prior to the date of the executed agreement.
The City of South El Monte reserves the right to reject any and all proposals. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP.
The City reserves the right to cancel the services at any phase or at any point in any phase and pay the Consultant only for costs of services satisfactorily performed and incurred to that date. All data,
documents and other products used or developed during the course of facilitating the services will remain the property of the City.
Rejection of Proposals: The City reserves the right to reject any and all proposals received in response to this RFP and to waive any informality in any proposal if it is determined to be in the best interest of the City to do so.
Proposal Validity Period: Submission of a proposal will signify the consultant’s agreement that the proposal, and contents thereof, are valid for 120 days following the submission of the proposal.
News Releases: News releases pertaining to the award of any contract resulting from this RFP shall not be made without prior approval of the City. The City's name and shield shall not appear on customer lists, advertising or other materials used to promote the Consultant's services without prior written approval of the City.
Closing: The City reserves the right to accept or reject any and all proposals, waive any defects or irregularity, modify the proposal terms or the selection process or negotiate a contract, along with a revised Scope of Services, schedule and fees with the Consultant. The City reserves the right to eliminate or add tasks identified in the Scope of Services with a corresponding reduction or increase in the fee. Staff shall present its recommendation to the City Council and is subject to its approval.
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ATTACHMENT A
NOTICE OF PREPARATION
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ATTACHMENT B
AFFIDAVIT OF NON-COLLUSION
I state that I am ________________________________ (title) ________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.
I state that:
1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. 2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. 4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. 5) (name of firm), its affiliates,
subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that_ (name of firm) understands and acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract. _______________________________________
(Authorized Signature)
_______________________________________
(Name of Company/Position)
Sworn to and subscribed before me this day ________________ of _____________,20__. ____________________________________________
Notary Public for California
My Commission Expires: ____________________________
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ATTACHMENT C
CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):
Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.
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ATTACHMENT D
PROFESSIONAL SERVICES CONTRACT TEMPLATE
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
______________
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
______________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2024 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and _________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
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 firstclass firms performing similar work under similar circumstances.
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1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________ (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for ____ additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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___________________________ _____________________________ (Name) (Title)
___________________________ ______________________________ (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Rene Salas, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
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
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during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(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.
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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(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.
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(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
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
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liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
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
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maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
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
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for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
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
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specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City ________________ liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
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7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
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.
01257.0001/924061.4 17
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
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.
01257.0001/924061.4 18
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01257.0001/924061.4 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal corporation
Rene Salas, City Manager
ATTEST:
Sabrina Muhne, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:
____________________________________
By:
Name:
Title:
By:
Name:
Title:
Address: ____________________________
____________________________________
“If applicable,” two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01257.0001/924061.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0001/924061.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
II. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01257.0001/924061.4 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
III. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
IV. 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:
V. 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.
VI. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
01257.0001/924061.4 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
01257.0001/924061.4 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
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.
01257.0001/924061.4 C-2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
II. Consultant shall deliver the following tangible work products to the City by the following dates.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
EXHIBIT ”E”
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING
COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.)
COVERAGE POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
Consultant'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of South El Monte, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of South El Monte and the named insured is covered under the policy: Consultant agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of Consultant's officers, employees, agents or others employed by Consultant while engaged by Consultant in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of South El Monte
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
City Council Agenda Report
Agenda Item No. 7.j.
DATE: July 30, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-207, DESIGNATING UNCLASSIFIED SERVICE,
ADOPTING UPDATED CLASS SPECIFICATIONS, AND
CONSENTING TO APPOINTMENT OF SENIOR EXECUTIVE
ASSISTANT/COMMUNITY LIAISON AND RESOLUTION NO.
24-208, ADOPTING COMPENSATION AND BENEFITS FOR
DESIGNATED UNREPRESENTED EMPLOYEES
SUMMARY: Adoption and Approval of the attached Resolution No. 24-207, and Resolution No. 24-208 would confirm that the Senior Executive Assistant/Community Liaison Classification is at-will, make updates to the class specifications for this position, confirm the appointment of Dianna Gomez in this position, and establish the benefits for this position.
RECOMMENDED ACTION: Staff recommends City Council approve Resolution No. 24- 207 and Resolution No. 24-208.
FISCAL/FINANCIAL IMPACT: The fiscal impact, excluding longevity and benefits, is $19,582 calculated as follows:
The estimated additional annual cost of benefits is $8,346, for an estimated additional per year cost (compensation plus benefits) of $27,928.
DISCUSSION:
1. Resolution No. 24-207
The City Council Approved Resolution No. 24-146 on April 9, 2024, adopting class specifications for Senior Executive Assistant/Community Liaison confidential classification and a salary range of $7,951 per month to $9,664 per month. The City met and conferred with SEMEMTA regarding designating this classification as unrepresented, confidential, at-will, and being removed from SEMEMTA representation.
The creation of this position was intended to reinforce the need to provide confidential employee support to the City Manager, supervise the Administration Office staff, and regularly liaison with City Council and Community matters.
The City Manager appointed Dianna Dianna Gomez as Senior Executive Assistant/Community Liaison effective April 10, 2024. She will be holding this position and employed at and during the pleasure of the City Manager.
Resolution No. 24-207, if adopted, will confirm that the Senior Executive Assistant/Community Liaison position is “at-will” by designating it as part of the “unclassified service” pursuant to subsection (H)(7) of Section 2.64.010 and Section
2.64.030 of the South El Monte Municipal Code.
The resolution also provides minor updates to the job description for this position to reflect the positions supervised, which is attached as Exhibit A to the resolution.
Finally, City Council consent is required for appointments to the City’s unclassified service. Adoption of the resolution would reflect the City Council’s ratification and consent to the appointment of Ms. Gomez to the unclassified service position of Senior Executive Assistant/Community Liaison effective as of April 10, 2024.
2. Resolution No. 24-208
Resolution No. 24-208, if adopted, would establish the employment benefits for specified unrepresented employees. Currently, the only classification covered by this resolution would be the Senior Executive Assistant/Community Liaison classification.
The benefits set forth in Resolution No. 24-208 include the following:
• Car Allowance of $600 per month.
• Bi-Lingual Pay of $100 per month.
• City Contribution of $300 per month into Deferred Compensation Plan. • Administrative Leave of 40 hours per Fiscal Year.
• Bereavement Leave of up to five workdays for members of qualified family members.
• Up to 22 business days off for required jury duty at existing pay rate. • Advance of up to $3,000 for purchase of Home Office Equipment. • Medical, Vision and Dental Insurance coverage for Employee and Family members up to monthly premium rate established by Kaiser Permanente for its Family Health Plan.
• Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance. • Retiree Health Benefits at PEMHCA minimum level.
• Education Reimbursement.
• City holidays, with 3 non-observed holidays given as floating holidays. • Vacation Leave based on length of service, from 8 hours each month (first 5 years of service) up to 13 hours each months (16 or more years’ service) • Sick Leave of 8 hours each month of service.
• Business Expense Reimbursement.
• Severance Pay of 3 months in the event of termination without cause, in exchange for general release.
ATTACHMENT(S):
A. Resolution No. 24-207
B. Exhibit A to Resolution No. 24-207
C. Resolution No. 24-208
ATTACHMENT A
RESOLUTION NO. 24-207
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
DESIGNATING THE SENIOR EXECUTIVE ASSISTANT/
COMMUNITY LIAISON CLASSIFICATION AS PART OF THE
UNCLASSIFIED SERVICE, ADOPTING UPDATED CLASS
SPECIFICATIONS, AND CONSENTING TO APPOINTMENT
OF SENIOR EXECUTIVE ASSISTANT/COMMUNITY
LIAISON
WHEREAS, the City of South El Monte (“City”) previously approved and adopted class specifications and a salary range for the confidential position of Senior Executive Assistant/ Community Liaison; and
WHEREAS, the City has met and conferred with South El Monte Executive Management Team Association (“SEMEMTA”) regarding designating the classification of Senior Executive Assistant/ Community Liaison as unrepresented, confidential and at-will and being removed from SEMEMTA representation, as well as the appointment of Dianna Gomez as Senior Executive Assistant/ Community Liaison; and
WHEREAS, South El Monte Municipal Code section 2.64.010(H)(7) provides that the unclassified service consists of the “City manager, assistant city manager, all heads of departments and any other position or classification so designated by resolution of the city council[;]” and WHEREAS, South El Monte Municipal Code section 2.64.030 provides that “all appointments to positions or classifications involving heads of departments and any other position or classification included in the unclassified service by resolution of the city council under subsection (H)(7) of Section 2.64.010, shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, South El Monte Municipal Code section 2.64.030 further provides that “[s]uch individuals shall hold office or employment at and during the pleasure of the city manager[;]” and
WHEREAS, the City Council now desires to ratify and consent to the appointment of Dianna Gomez as Senior Executive Assistant/ Community Liaison effective April 10, 2024.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby designates the unrepresented confidential classification of Senior Executive Assistant/Community Liaison as being part of the City’s “unclassified service” pursuant to subsection (H)(7) of Section 2.64.010 of the South El Monte Municipal Code. Pursuant to Section 2.64.030 of the South El Monte Municipal Code, employment in this classification is at-will and at the pleasure of the City Manager.
SECTION 2. The South El Monte City Council hereby approves the updated Senior Executive Assistant/Community Liaison class specification attached hereto as Exhibit A. The updated class specifications shall supersede and replace the previous Senior Executive Assistant /Community Liaison class specifications.