South El Monte City Council
September 10, 2024

CITY OF SOUTH EL MONTE

ANNUAL BUDGET
FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:GRANTS FUND - CAPITAL IMP. 68-900-9000

BUDGET REQUEST DESCRIPTIONS
#0414 Section 5310 Grant Project Fund 44 Prop A - Dispatch - Match 75,600#0414 Section 5310 Grant Project Fund 44 Prop A - Dispatch - Match 24,000#0628 Residential Street Rehabilitation Project Fund 07 RMRA (SB-1) 444,113#0628 Residential Street Rehabilitation Project Fund 37 Measure M Local Return 500,000#0628 Residential Street Rehabilitation Project Fund 45 Measure R Local Return 500,000#0628 Residential Street Rehabilitation Project Fund 39 CDBG 294,464#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. Fund 41 Measure A - RPOSD 100,000#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. Fund 15 In-Lieu 100,000 5,528,664
Total Revenues 15,785,353 $
Expenditures
5215 Contract Services - Professional
#0413 LMS Implementation LMS Phase II-Leap Local Early Area Planning 46,000 46,000
5968 Construction
#0110 Citywide Pedestrian Safety Improvements, ATP Cycle 5 Cycle 5 ATP Funds 786,000 #0140 Santa Anita Ave. - Civic Center Interjurisdictional Bike Lanes CMAQ Funds 242,453 #0140 Santa Anita Ave. - Civic Center Interjurisdictional Bike Lanes MSP Measure M Competative 2,835,750#0140 Santa Anita Ave. - Civic Center Interjurisdictional Bike Lanes Surface Trans. Program Local (STPL) 58,500#0140 Santa Anita Ave. - Civic Center Interjurisdictional Bike Lanes Fund 38-Prop C Funds 400,000#0407 Merced Ave Greenway Phase I Prop 1 SWGP Grant (Water Board Prop 1) 2,333,940 #0407 Merced Ave Greenway Phase I Prop 1 SWGP Match (County Measure W) 1,617,347#0407 Merced Ave Greenway Phase I CNRA GI Prop 68 1,245,454#0407 Merced Ave Greenway Phase I USBR WaterSmart/SCWP Municipal 165,000#0407 Merced Ave Greenway Phase I RMC Prop 68 365,860#0407 Merced Ave Greenway Phase I CA Coastal Conservancy Prop 1 384,023 2 of 3

CITY OF SOUTH EL MONTE

ANNUAL BUDGET
FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:GRANTS FUND - CAPITAL IMP. 68-900-9000

BUDGET REQUEST DESCRIPTIONS
#0407 Merced Ave Greenway Phase II Fund 70 SCW - Local 1,473,140#0640 Residential Street Rehabilitation Project SB-1 444,113#0640 Residential Street Rehabilitation Project Measure M Local 500,000#0640 Residential Street Rehabilitation Project Measure R Local 500,000#0640 Residential Street Rehabilitation Project CDBG 294,464#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. CNRA 335,500#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. Specified Grant - CA State Dept of Parks 100,000#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. Measure A -RPOSD 100,000#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. In-Leiu 100,000#0634 New Temple Park Comm. Room, Snack Bar, Restroom Rehab. Per Capita - CA State Dept of Parks 95,500 14,377,043
6020 Equipment
#0411 Public Safety Equipment Public Safety Grant 91,886#0414 Section 5310 Grant Project FTA 5310-Enhance Mobility 347,690 #TBD Section 5310 Grant Project FTA 5310-Enhance Mobility #2/Vehicles 240,000 679,576
6025 Improvements
#0252 Various Park Improvements CNRA Grant 682,733
682,733
Total Expenditures 15,785,352 $
Net Revenues (Expenditures) 0 $
3 of 3

FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:

SAFE CLEAN WATER PROGRAM - LOCAL 70-900-9020

EXPENDITURE DETAIL
Acct 2023-24 2023-24 2024-25
Estimated
DESCRIPTION No. Budget Actual Budget
REVENUES:

Allocated Parcel Tax Revenues 4155 459,000 459,000 459,000 TOTAL REVENUES 459,000 459,000 459,000
EXPENDITURES:

PERSONNEL
Salaries - Part Time 5020 0 0 0
Allocated Benefits 5180 0 0 0

TOTAL PERSONNEL: 0 0 0
MAINT. & OPERATIONS
Contract Svcs-Professional 5215 84,800 79,334 106,000
Administrative Charges 5969 0 0 10,000
TOTAL M & O: 84,800 79,334 116,000

CAPITAL OUTLAY
Equipment 6015 0 0 0
Improvements 6025 0 0 20,000
Reimbursement Transfer-Out 9000 24,982 12,491 1,473,140 TOTAL CAPITAL OUTLAY: 24,982 12,491 1,493,140
TOTAL EXPENDITURES 109,782 91,825 1,609,140
NET SURPLUS (DEFICIT) 349,218 367,175 (1,150,140)

CITY OF SOUTH EL MONTE

ANNUAL BUDGET

CITY OF SOUTH EL MONTE

ANNUAL BUDGET
FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:

SAFE CLEAN WATER PROGRAM - LOCAL 70-900-9020
Acct # Description: Amount:
5215 Contract Svcs-Professional
Catch Basin Maintenance 2,000
Contracted Municipal NPDES Permit Services (WMP/CIMP) 18,000 Fee to issue, administer, and enforce the MS4 NPDES Permit 11,000 Municipal NPDES Consulting Services (jurisdictional) 75,000 106,000
5968 Construction 0
5969 Administrative Charges
Safe Clean Water Program Administration 5,000
Water Quality Programs Administration and Coordination 5,000 10,000
6025 Improvements
Trash Capture Device Installations 20,000
9000 Reimbursement Transfer-Out
Infrastructure Project - Planning, Funding, Design, and Construction 1,473,140 1,609,140

BUDGET REQUEST DESCRIPTIONS

FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:

SAFE CLEAN WATER PROGRAM - REGIONAL 71-900-9020

EXPENDITURE DETAIL
Acct 2023-24 2023-24 2024-25
Estimated
DESCRIPTION No. Budget Actual Budget
REVENUES:

PROJECT REIMBURSEMENT 4793 0 0 0
TOTAL REVENUES 0 0 0
EXPENDITURES:

PERSONNEL
Salaries - Part Time 5020 0 0 0
Allocated Benefits 5180 0 0 0

TOTAL PERSONNEL: 0 0 0
MAINT. & OPERATIONS
Contract Svcs-Professional 5215 0 0 0
TOTAL M & O: 0 0 0

CAPITAL OUTLAY
Reimbursement Transfer-Out 9000 0 0 1,617,347
TOTAL CAPITAL OUTLAY: 0 0 1,617,347
TOTAL EXPENDITURES 0 0 1,617,347
NET SURPLUS (DEFICIT) 00 (1,617,347)

CITY OF SOUTH EL MONTE

ANNUAL BUDGET

CITY OF SOUTH EL MONTE

ANNUAL BUDGET
FISCAL YEAR 2024-2025
DIVISION: ACCOUNT NO:

SAFE CLEAN WATER PROGRAM - REGIONAL 71-900-9020
Acct # Description: Amount:
9000 Reimbursement Transfer-Out to Fund 68 Capital Improvement Fund Project #0407 Merced Ave Greenway Phase I 1,617,347
1,617,347

BUDGET REQUEST DESCRIPTIONS

CITY OF SOUTH EL MONTE
PROPOSED ORGANIZATIONAL CHART FY 2024-2025
City Council (5FT)
City Attorney (Contract) City Manager (1FT) Sheriff (Contract) City Administration City Clerk (1FT) Director of HR/Risk Mgmt. (1FT)
Director of Finance (1FT) Director of Comm. Dev.
(1FT)
Director of Comm. Svcs.
(1FT)
Director of Public Works
(1FT)
Sr. Exec. Assistant. / Comm.

Liaison (1FT)
Deputy City Clerk (1FT) HR Analyst (1FT) Acct. Manager (1FT) Comm. Dev. Analyst (1FT) Comm. Svcs. Manager (1FT) PW Supervisor (1FT) Admin. Assistant I (2FT) Exec. Assistant (1FT) HR Admin Assistant (1FT) Sr. Accounting Specialist (1FT)
Comm. Dev. Exec. Assistant
(1FT)
Comm. Svcs. Analyst (1FT) Sr. PW Analyst (1FT)
Accounting Technician (1FT) Comm. Svcs. Admin. Assist.

I (1FT)
Grants Coordinator (1FT)
Planning Manager (1FT) PW Admin Clerk (1FT)
IT (Contract) Planning Assistant (1FT) Rec. Coordinator (2FT) Permit Technician (2FT) Sr. Rec. Leader (2PT) Lead Maint. Worker III (3FT) Rec. Leaders (27PT) Maint. Worker II (4FT)
Building Official (Contract) Maint. Worker I (10FT)
Building Inspector (Contract) Boxing Instructor (1PT) Maint. Aide (6PT) Boxing Trainer (4PT)
Code Enf. Supervisor (1FT)
Senior Svcs Supervisor (1FT) Code Enf. Coordinator (1FT) Senior Svcs Coordinator
(1FT)
Code Enf. Officer (3FT)
Sr. Rec. Leader (1PT) Public Safety Officer (2FT)
Rec. Leaders (3PT) Public Safety Officer (3PT)
Van Driver (2FT) Mechanic (1FT)
Van Driver (2PT) Equip. Mechanic (1PT)
Crossing Guard Supervisor
(1PT)
Crossing Guards (10PT)
Total Full-Time (FT) = 66Total Part-Time (PT) = 61 Engineering (Contract)

City of South El Monte
Personnel
Fiscal 2024-25 Budget
Row Department Position Title Status FTE Salaries Benefits Total 1 City Council Full Time City Council Active 1.00 $ 31,828.11 22,075.80 $ 53,903.91 $ 2 City Council Full Time City Council Active 1.00 $ 3,439.01 22,075.80 $ 25, $ 514.81 3 City Council Full Time City Council Active 1.00 $ 1,855.13 22,075.80 $ 23, $ 930.93 4 City Council Full Time City Council Active 1.00 $ 1,855.13 22,075.80 $ 23, $ 930.93 5 City Council Full Time City Council Active 1.00 $ 26,389.72 22,075.80 $ 48,465.52 $ 6 City Council Total 5.00 $ 65,367.10 110,379.00 $ 175,746.10 $ 7 City Administration Full Time City Manager Active 1.00 $ 42,819.88 220,791.60 $ 263,611.48 $ 8 City Administration Full Time Sr. Exec. Assistant / Comm. Liaison Active 1.00 $ 34,208.76 106,148.29 $ 140,357.05 $ 9 City Administration Full Time Admin. Assistant I Active 1.00 $ 22,947.94 71,852.13 $ 94,800.07 $ 10 City Administration Full Time Admin. Assistant I Vacant 1.00 $ 22,947.94 71,852.13 $ 94,800.07 $ 11 City Administration Total 4.00 $ 122,924.52 470,644.14 $ 593,568.67 $ 12 Human Resources Full Time HR/Risk Mgmt. Director Active 1.00 $ 25,612.58 161,563.92 $ 187,176.50 $ 13 Human Resources Full Time HR/Risk Mgmt. Analyst Active 1.00 $ 15,344.06 84,305.14 $ 99,649.20 $ 14 Human Resources Full Time HR/Risk Mgmt. Admin. Assistant Vacant 1.00 $ 22,947.94 71,852.13 $ 94,800.07 $ 15 Human Resources Total 3.00 $ 63,904.58 317,721.18 $ 381,625.77 $ 16 School Safety Part Time Cross. Guard Super. Active 0.25 $ 962.60 11,622.24 $ 12, $ 584.84 17 School Safety Part Time Cross. Guard Active 0.25 $ 704.28 8,245.44 $ 8, $ 949.72 18 School Safety Part Time Cross. Guard Active 0.25 $ 704.28 8,245.44 $ 8, $ 949.72 19 School Safety Part Time Cross. Guard Active 0.25 $ 704.28 8,245.44 $ 8, $ 949.72 20 School Safety Part Time Cross. Guard Active 0.25 $ 704.28 8,245.44 $ 8, $ 949.72 21 School Safety Part Time Cross. Guard Active 0.25 $ 704.28 8,245.44 $ 8, $ 949.72 22 School Safety Part Time Cross. Guard Active 0.25 $ 767.12 9,066.96 $ 9, $ 834.08 23 School Safety Part Time Cross. Guard Active 0.25 $ 734.74 8,643.60 $ 9, $ 378.34 24 School Safety Part Time Cross. Guard Active 0.25 $ 836.14 9,969.12 $ 10, $ 805.26 25 School Safety Part Time Cross. Guard Active 0.25 $ 800.67 9,505.44 $ 10, $ 306.11 26 School Safety Part Time Cross. Guard Active 0.25 $ 734.74 8,643.60 $ 9, $ 378.34 27 School Safety Total 2.75 $ 8,357.38 98,678.16 $ $ 107,035.54 28 City Clerk Full Time City Clerk Active 1.00 $ 43,364.12 129,677.52 $ 173,041.64 $ 29 City Clerk Full Time Deputy City Clerk Active 1.00 $ 42,649.22 73,699.38 $ 116,348.60 $ 30 City Clerk Full Time Executive Assistant Active 1.00 $ 51,332.61 99,970.58 $ 151,303.19 $ 31 City Clerk Total 3.00 $ 137,345.95 303,347.47 $ 440,693.42 $ 32 Community Development Full Time Comm. Dev. Director Active 1.00 $ 29,508.00 161,469.36 $ 190,977.36 $ 33 Community Development Full Time Comm. Dev. Analyst Active 1.00 $ 37,002.78 77,327.10 $ 114,329.89 $ 34 Community Development Full Time Comm. Dev. Exec. Assistant Active 1.00 $ 35,162.11 74,545.10 $ 109,707.22 $ 35 Community Development Full Time Planning Manager Active 1.00 $ 31,128.99 127,259.22 $ 158,388.21 $ 36 Community Development Full Time Planning Assistant Vacant 1.00 $ 20,059.52 62,193.02 $ 82,252.54 $ 37 Community Development Full Time Permit Technician Active 1.00 $ 39,479.79 70,294.21 $ 109,774.00 $ 38 Community Development Full Time Permit Technician Active 1.00 $ 22,184.88 66,978.06 $ 89,162.95 $ 39 Community Development Total 7.00 $ 214,526.08 640,066.08 $ 854,592.16 $ 40 Finance Full Time Finance Director Active 1.00 $ 62,069.42 170,256.24 $ 232,325.66 $ 41 Finance Full Time Acct. Manager Active 1.00 $ 49,537.61 120,849.49 $ 170,387.10 $ 42 Finance Full Time Sr. Acct. Specialist Active 1.00 $ 45,931.40 97,814.53 $ 143,745.93 $ 43 Finance Full Time Acct. Technician Active 1.00 $ 43,153.99 80,855.46 $ 124,009.44 $ 44 Finance Total 4.00 $ 200,692.42 469,775.71 $ 670,468.13 $ 45 Community Services Full Time Comm. Svcs. Director Active 1.00 $ 54,833.58 154,269.36 $ 209,102.94 $ 46 Community Services Full Time Comm. Svcs. Manager Active 1.00 $ 49,363.40 119,736.69 $ 169,100.09 $ 47 Community Services Full Time Comm. Svcs. Analyst Active 1.00 $ 25,728.38 89,612.42 $ 115,340.80 $ 48 Community Services Full Time Comm. Svcs. Admin. Assist. I Active 1.00 $ 22,418.33 68,469.22 $ 90,887.55 $ 49 Community Services Full Time Rec. Coordinator Active 1.00 $ 21,899.17 65,153.07 $ 87,052.25 $ 50 Community Services Full Time Rec. Coordinator Active 1.00 $ 21,899.17 65,153.07 $ 87,052.25 $ 51 Community Services Part Time Boxing Instructor Active 0.50 $ 16,761.48 28,909.44 $ 45,670.92 $ 52 Community Services Part Time Boxing Trainer Active 0.50 $ 1,638.35 19,494.72 $ 21, $ 133.07 53 Community Services Part Time Boxing Trainer Active 0.50 $ 1,638.35 19,494.72 $ 21, $ 133.07 54 Community Services Part Time Boxing Trainer Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 55 Community Services Part Time Boxing Trainer Active 0.50 $ 1,503.40 17,730.72 $ 19, $ 234.12 56 Community Services Part Time Sr. Rec. Leader Active 0.50 $ 1,686.93 20,129.76 $ 21, $ 816.69 57 Community Services Part Time Sr. Rec. Leader Active 0.50 $ 1,761.73 21,107.52 $ 22, $ 869.25 58 Community Services Part Time Sr. Rec. Leader Active 0.50 $ 1,686.93 20,129.76 $ 21, $ 816.69 59 Community Services Part Time Sr. Rec. Leader Active 0.50 $ 1,686.93 20,129.76 $ 21, $ 816.69 60 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 61 Community Services Part Time Rec. Leader Active 0.50 $ 1,638.35 19,494.72 $ 21, $ 133.07 62 Community Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 63 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 64 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 65 Community Services Part Time Rec. Leader Active 0.50 $ 1,638.35 19,494.72 $ 21, $ 133.07 66 Community Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 67 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 68 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 69 Community Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 70 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 1 of 3

City of South El Monte
Personnel
Fiscal 2024-25 Budget
Row Department Position Title Status FTE Salaries Benefits Total 71 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 72 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 73 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 74 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 75 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 76 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 77 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 78 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 79 Community Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 80 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 81 Community Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 82 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 83 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 84 Community Services Part Time Rec. Leader Active 0.50 $ 1,380.79 16,128.00 $ 17, $ 508.79 85 Community Services Total 23.00 $ 261,222.55 1,159,512.86 $ 1,420,735.42 $ 86 Public Safety - Code Enf. Full Time Code Enf. Super. Active 1.00 $ 53,559.59 110,097.61 $ 163,657.20 $ 87 Public Safety - Code Enf. Full Time Code Enf. Coordinator Active 1.00 $ 41,492.00 83,998.52 $ 125,490.52 $ 88 Public Safety - Code Enf. Full Time Code Enf. Officer Active 1.00 $ 49,960.68 91,723.47 $ 141,684.15 $ 89 Public Safety - Code Enf. Full Time Code Enf. Officer Active 1.00 $ 22,780.69 70,783.84 $ 93,564.53 $ 90 Public Safety - Code Enf. Full Time Code Enf. Officer Active 1.00 $ 42,712.62 89,174.93 $ 131,887.55 $ 91 Public Safety - Code Enf. Total 5.00 $ 210,505.58 445,778.37 $ 656,283.95 $ 92 Public Safety - PS Officer Full Time PS Officer Active 1.00 $ 23,934.91 56,651.28 $ 80,586.19 $ 93 Public Safety - PS Officer Full Time PS Officer Active 1.00 $ 19,380.05 49,061.98 $ 68,442.03 $ 94 Public Safety - PS Officer Part Time PS Officer Active 0.50 $ 1,898.98 22,901.76 $ 24, $ 800.74 95 Public Safety - PS Officer Part Time PS Officer Vacant 0.50 $ 1,898.98 22,901.76 $ 24, $ 800.74 96 Public Safety - PS Officer Part Time PS Officer Vacant 0.50 $ 1,898.98 22,901.76 $ 24, $ 800.74 97 Public Safety - PS Officer Total 3.50 $ 49,011.91 174,418.54 $ 223,430.45 $ 98 Public Works - Admin Full Time PW Director Active 1.00 $ 23,930.12 162,757.92 $ 186,688.04 $ 99 Public Works - Admin Full Time PW Supervisor Active 1.00 $ 54,094.37 112,522.96 $ 166,617.33 $ 100 Public Works - Admin Full Time Sr. PW Analyst Active 1.00 $ 45,051.43 114,951.65 $ 160,003.08 $ 101 Public Works - Admin Full Time Grants Coordinator Active 1.00 $ 31,520.84 91,929.67 $ 123,450.50 $ 102 Public Works - Admin Full Time Admin. Clerk PW Active 1.00 $ 26,314.66 71,852.13 $ 98,166.79 $ 103 Public Works - Admin Total 5.00 $ 180,911.41 554,014.33 $ 734,925.74 $ 104 Public Works - Building Full Time Lead Maint Work III - Building Active 1.00 $ 51,199.16 93,144.84 $ 144,344.00 $ 105 Public Works - Building Full Time Maint. Worker II - Building Active 1.00 $ 39,095.28 73,046.56 $ 112,141.84 $ 106 Public Works - Building Full Time Maint. Worker I - Building Active 1.00 $ 23,092.92 60,701.87 $ 83,794.79 $ 107 Public Works - Building Full Time Maint. Worker I - Building Vacant 1.00 $ 40,168.42 57,853.10 $ 98,021.53 $ 108 Public Works - Building Part Time Maint. Aide - Building Active 0.50 $ 1,427.83 16,742.88 $ 18, $ 170.71 109 Public Works - Building Part Time Maint. Aide - Building Active 0.50 $ 1,427.83 16,742.88 $ 18, $ 170.71 110 Public Works - Building Part Time Maint. Aide - Building Active 0.50 $ 1,695.41 20,240.64 $ 21, $ 936.05 111 Public Works - Building Total 5.50 $ 158,106.85 338,472.78 $ 496,579.63 $ 112 Public Works - Fleet Full Time Fleet Mechanic Active 1.00 $ 37,420.89 79,997.82 $ 117,418.72 $ 113 Public Works - Fleet Part Time Equip. Mechanic Active 0.50 $ 2,064.78 25,068.96 $ 27, $ 133.74 114 Public Works - Fleet Total 1.50 $ 39,485.67 105,066.78 $ 144,552.45 $ 115 Public Works - Landscape Full Time Lead Maint Work III - Landscape Active 1.00 $ 40,028.05 79,552.70 $ 119,580.75 $ 116 Public Works - Landscape Full Time Maint. Worker II - Landscape Active 1.00 $ 47,174.95 74,776.97 $ 121,951.92 $ 117 Public Works - Landscape Full Time Maint. Worker II - Landscape Active 1.00 $ 39,095.28 73,046.56 $ 112,141.84 $ 118 Public Works - Landscape Full Time Maint. Worker I - Landscape Active 1.00 $ 21,669.21 63,684.18 $ 85,353.39 $ 119 Public Works - Landscape Full Time Maint. Worker I - Landscape Active 1.00 $ 24,123.06 57,853.10 $ 81,976.16 $ 120 Public Works - Landscape Full Time Maint. Worker I - Landscape Active 1.00 $ 20,756.33 57,853.10 $ 78,609.44 $ 121 Public Works - Landscape Full Time Maint. Worker I - Landscape Active 1.00 $ 11,968.00 69,222.27 $ 81,190.27 $ 122 Public Works - Landscape Full Time Maint. Worker I - Landscape Active 1.00 $ 37,535.62 57,853.10 $ 95,388.73 $ 123 Public Works - Landscape Part Time Maint. Aide - Landscape Active 0.50 $ 1,427.83 16,742.88 $ 18, $ 170.71 124 Public Works - Landscape Part Time Maint. Aide - Landscape Active 0.50 $ 1,427.83 16,742.88 $ 18, $ 170.71 125 Public Works - Landscape Total 9.00 $ 245,206.16 567,327.76 $ 812,533.91 $ 126 Public Works - Street Full Time Lead Maint Work III - Street Active 1.00 $ 34,101.99 72,230.48 $ 106,332.47 $ 127 Public Works - Street Full Time Maint. Worker II - Street Active 1.00 $ 42,088.25 70,116.16 $ 112,204.41 $ 128 Public Works - Street Full Time Maint. Worker I - Street Active 1.00 $ 39,687.89 60,701.87 $ 100,389.76 $ 129 Public Works - Street Full Time Maint. Worker I - Street Active 1.00 $ 38,944.49 55,137.87 $ 94,082.37 $ 130 Public Works - Street Full Time Maint. Worker I - Street Active 1.00 $ 20,331.25 55,137.87 $ 75,469.13 $ 131 Public Works - Street Part Time Maint. Aide - Street Active 0.50 $ 1,427.83 16,742.88 $ 18, $ 170.71 132 Public Works - Street Total 5.50 $ 176,581.71 330,067.14 $ 506,648.85 $ 133 Senior Services Full Time Sr. Svcs. Supervisor Active 1.00 $ 37,556.14 93,519.12 $ 131,075.26 $ 134 Senior Services Full Time Sr. Svcs. Coordinator Active 1.00 $ 24,602.96 82,423.73 $ 107,026.69 $ 135 Senior Services Part Time Sr. Rec. Leader Active 0.50 $ 1,761.73 21,107.52 $ 22, $ 869.25 136 Senior Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 137 Senior Services Part Time Rec. Leader Active 0.50 $ 1,503.40 17,730.72 $ 19, $ 234.12 138 Senior Services Part Time Rec. Leader Active 0.50 $ 1,440.94 16,914.24 $ 18, $ 355.18 139 Senior Services Total 4.00 $ 68,306.11 248,609.57 $ 316,915.68 $ 140 Transportation Services Full Time Van Driver -Class B Active 1.00 $ 38,510.21 53,179.34 $ 91,689.55 $ 2 of 3

City of South El Monte
Personnel
Fiscal 2024-25 Budget
Row Department Position Title Status FTE Salaries Benefits Total 141 Transportation Services Full Time Van Driver -Class B Active 1.00 $ 31,817.22 53,179.34 $ 84,996.56 $ 142 Transportation Services Part Time Van Dr Class B- PT Active 0.50 $ 1,695.41 20,240.64 $ 21, $ 936.05 143 Transportation Services Part Time Van Dr Class C- PT Active 0.50 $ 1,638.35 19,494.72 $ 21, $ 133.07 144 Transportation Services Total 3.00 $ 73,661.18 146,094.05 $ 219,755.23 $ 145 Grand Total 93.75 $ 2,276,117.17 6,479,973.93 $ 8,756,091.11 $ 3 of 3

City of South El Monte
Capital Outlay
Fiscal 2024‐25 Budget
Department Account Account Name Capital Outlay Description SENIOR SERVICES 01.0150.1530.6020 EQUIPMENT 5,500 $                 Replacing outdated multi‐purpose room furniture
NEW TEMPLE PARK 01.0160.1650.6025 IMPROVEMENTS 20,000 $               Upgrade irrigation system for minor and major fields
SHIVELY PARK 01.0160.1660.6025 IMPROVEMENTS 20,000 $               Install new parking lot gates PUBLIC SAFETY CENTER 01.0170.1100.6010 VEHICLES 35,000 $               Replace (1) 2012 Chevy Canyon (Unit #22) with one new safety vehicle. Unit #22 to be
transferred into Maintenance
PUBLIC SAFETY CENTER 01.0170.1100.6015 OFFICE EQUIPMENT 15,000 $               Safety improvements of reception area at the Public Safety Center
CITY HALL 01.0170.1710.6025 IMPROVEMENTS 70,000 $               Air Handler CITY HALL 01.0170.1710.6025 IMPROVEMENTS 150,000 $            Sewer Lateral Replacements MAINTENANCE / TRANSPORTATION YARD 01.0170.1720.6025 IMPROVEMENTS 7 $                 Storage Unit for Code Enforcement logistic and ,500 traffic control equipment
MAINTENANCE / TRANSPORTATION YARD 01.0170.1720.6025 IMPROVEMENTS 2 $               Access Gate 0,000 MAINTENANCE / TRANSPORTATION YARD 01.0170.1720.6025 IMPROVEMENTS 3 $               Replace Back Wall 0,000 VEHICLE MAINTENANCE 01.0170.1770.6010 VEHICLES 120,000 $            (2) New Pickup Trucks ‐ Retire Vehicles #35 1995 Chevy Pickup and
#36 1997 Chevy Pickup
VEHICLE MAINTENANCE 01.0170.1770.6010 VEHICLES 100,000 $            New Stake bed Truck CODE ENFORCEMENT 01.0170.7020.6010 VEHICLES 35,000 $               Replace one 2012 Chevy Canyon (Unit #23) with one safety vehicle
GENERAL FUND TOTAL 628,000 $
AIR QUALITY MANAGEMENT DISTRICT 13.0500.5010.6010 VEHICLES 40,000 $               One electric cart for PW Maintenance IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 55,000 $               Termite treatment & repairs at Community Center
IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 25,000 $               Stage floor ‐ resurface & seal at Senior Center IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 30,000 $               Fire alarm upgrades at Senior Center IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 20,000 $               Replace 21 window blinds at Senior Center IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 20,000 $               Outdoor basketball court resurfacing at Civic Center
IN‐LIEU FEE FUND 15.0450.4510.6025 IMPROVEMENTS 10,000 $               Replace basketball backboards and rims at Civic Center
MEASURE M LOCAL RETURN 37.0670.6720.6025 IMPROVEMENTS 90,000 $               City‐wide Sidewalk Project MEASURE M LOCAL RETURN 37.0670.6720.6025 IMPROVEMENTS 60,000 $               City‐wide Striping  Project CDBG CAPITAL IMPROVEMENTS 39.0900.9000.6025 IMPROVEMENTS 136,207 $            Aquatic Center Pool Replastering Project CDBG CAPITAL IMPROVEMENTS 39.0900.9000.6025 IMPROVEMENTS 100,345 $            City Hall Restroom Rehabilitation HSIP 40.0900.9000.6025 IMPROVEMENTS 601,300 $            HSIPL‐5352(020) ‐ Various Signalized Streets (Project # 295)
HSIP 40.0900.9000.6025 IMPROVEMENTS 653,000 $            HSIPL‐5352(021) ‐ Lee/Garvey Durfee/Peck Intersection Improv (Project #296)
HSIP 40.0900.9000.6025 IMPROVEMENTS 81,700 $               HSIPL‐5352(022) ‐ South El Monte Systemic Safety Improvements at Signalized
Intersections Cycle 11 (Project # 0607)
MEASURE A PARK BOND FUND 41.0810.8110.6025 IMPROVEMENTS 10,000 $               Replace basketball backboards and rims at MVD
MEASURE A PARK BOND FUND 41.0810.8110.6025 IMPROVEMENTS 20,000 $               Termite treatment & Repairs in Community Center
MEASURE A PARK BOND FUND 41.0810.8110.6025 IMPROVEMENTS 25,000 $               Thienes Gateway Improvements TRANSPORTATION DEVELOPMENT ACT 43.0900.9000.6025 IMPROVEMENTS 63,0 $               Sidewalk Improvements  00 PROP A LOCAL RETURN 44.0800.8015.6010 VEHICLES 94,300 $               Tesla Model X PROP A LOCAL RETURN 44.0800.8015.6010 VEHICLES 86,800 $               Chrysler Mini Van with wheelchair conversion PROP A LOCAL RETURN 44.0800.8040.6025 IMPROVEMENTS 100,000 $            Bus shelters SEWER ASSESSMENT ADMINISTRATION 46.0460.4610.6025 IMPROVEMENTS 200 $            Sewer improvements ,000 MISC GRANT FUND 68.0900.9000.5215 CONTRACTUAL SERVICES 46,000 $               Project #413 ‐ LMS Implementation 1 of 2

City of South El Monte
Capital Outlay
Fiscal 2024‐25 Budget
Department Account Account Name Capital Outlay Description MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 786,000 $            Project #110 ‐ Citywide Pedestrian Safety Improvements, ATP Cycle 5
MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 3,536,703 $         Project #140 ‐ Santa Anita Ave. ‐ Civic Center Interjurisdictional Bike Lanes
MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 6,111,624 $         Project #407 ‐ Merced Ave Greenway Phase I MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 1,473,140 $         Project #407 ‐ Merced Ave Greenway Phase II MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 1,738,577 $         Project #640 ‐ Residential Street Rehabilitation MISC GRANT FUND 68.0900.9000.5968 CONSTRUCTION 731,000 $            Project #634 ‐ New Temple Park Comm. Room, Snack Bar, Restroom Rehab.

MISC GRANT FUND 68.0900.9000.6020 EQUIPMENT 91,886 $               Project #411 ‐ Public Safety Equipment MISC GRANT FUND 68.0900.9000.6020 EQUIPMENT 347,690 $            Project #414 ‐ Section 5310 Grant Proj.

MISC GRANT FUND 68.0900.9000.6020 EQUIPMENT 240,000 $            Project #TBD ‐ Section 5310 Grant Proj.

MISC GRANT FUND 68.0900.9000.6025 IMPROVEMENTS 682,733 $            Project #252 ‐ Various Park Improvements SAFE CLEAN WATER PROGRAM LOCAL 70.0900.9020.5969 ADMINISTRATIVE CHARGES 5,000 $                 Safe Clean Water Program Administration SAFE CLEAN WATER PROGRAM LOCAL 70.0900.9020.5969 ADMINISTRATIVE CHARGES 5,000 $                 Water Quality Programs Administration and Coordination
SAFE CLEAN WATER PROGRAM LOCAL 70.0900.9020.6025 IMPROVEMENTS 20,0 $               Trash Capture Device Installations 00 SPECIAL REVENUE FUNDS TOTAL 18,337,004 $
CITY‐WIDE TOTAL 18,965,004 $
2 of 2

City Council Agenda Report
Agenda Item No. 9.b.

DATE: September 10, 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.
24-222, APPROVING AWARD OF PROFESSIONAL

SERVICES AGREEMENT (PSA) TO SCI CONSULTING

GROUP FOR CANNABIS CONSULTING SERVICES
SUMMARY:

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-222, awarding PSA to SCI Consulting Group for cannabis consulting services, in an amount not to exceed $91,000; and

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

FISCAL/FINANCIAL IMPACT: The fiscal impact on the General Fund is initially expected to be $91,000. However, by conducting a cost recovery analysis and setting a fee, the City expects to recover this cost plus any additional cost for staff and consultant times associated with processing all applications.

DISCUSSION: At the November 2022 election, the voters of South El Monte approved Ordinance No. 1260, which added Chapter 5.26 of Title 5 of the South El Monte Municipal Code (“SEMMC”). The ordinance authorized the establishment of a limited number of cannabis retailers (medical/adult use) in the City through the “Commercial Cannabis Operations Regulatory Program”, and further, established a tax on retailers. Ordinance No. 1260 also contained provisions permitting the City Council to make amendments without resubmission to the voters provided that the number of permits cannot be changed. This program permits one medical/adult-use cannabis retailer with the option to add another two permits in the second year of the program and, further, provides very detailed requirements on how the program operates and regulates cannabis businesses, including application selection criteria.

On March 12, 2024, the City Council approved Resolution No. 24-137, in support of the California Supreme Court removing the Taxpayer Protection Act and Government Accountability Act from the November 2024 ballot. The Taxpayer Protection and

Government Accountability Act would have revised the California Constitution with provisions that limit voter's authority and input, adopt new and stricter rules for raising taxes and fees, and could have made it more difficult to impose fines and penalties for violation of state and local laws. The measure would have significant negative impacts on City of South El Monte operations and core service delivery. One of the biggest impacts would have been that the measure threatened to retroactively reverse most tax increases approved since January 1, 2022. As such, this caused a delay in implementing the Cannabis Ordinance because of the uncertainty surrounding the Taxpayer Protection Act. However, in June of this year, the California Supreme Court removed the measure from the November ballot.

The consultant will implement the City’s Commercial Cannabis Operations Regulatory Program, and review, evaluate, and score the Commercial Cannabis Permit application proposals. Specifically, the consultant will evaluate the following for a future cannabis business in the City:
• Business and operating plans;
• Safety and security protocols;
• Labor and employment practices;
• Community benefit proposals.

On March 28, 2024, a Request for Proposals (RFP) to implement the City's Commercial Cannabis Operations Regulatory Program was solicited. The City received three (3) proposals by the RFP deadline on April 30, 2024. The proposers are as follows:

Name of Consultant (alphabetical
order)
Location(s) Contract Cost
CANNASPIRE LLC New York and
Philadelphia $35,000
SCI Consulting Group Fairfield, CA $91,000
Regulatory Professional Advisory
Services and Search Consultants, LLC
Bloomfield Hills, MI $78,200
In compliance with the City's Purchasing Manual, Chapter 3 - Professional/Consultant Services, the City is required by State Law (GC § 4526) to select consultants based on demonstrated competence and professional qualifications, rather than competitive bidding, and at fair and reasonable prices.

Staff reviewed the proposals and evaluated the proposals based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule and cost-effectiveness to provide efficient services. After review, staff determined that SCI Consulting Group submitted the most qualified proposal to implement the City Commercial Cannabis Operations Regulatory Program, as well as review, evaluate, and score the commercial cannabis permit applications.

Overall, SCI Consulting Group has a significant amount of experience, particularly in California. They have worked with 32 cities and 5 counties, all in California. The other two proposals lacked experience in California. SCI Consulting Group also included a Cost Recovery Analysis that assigns responsibility to the industry participants for expenses incurred by the City for developing, managing, and regulating industry activities, ensuring

full cost, or nearly full cost recovery for all the City's cannabis-related activities. This is based on the City receiving between 10-15 applications. Therefore, staff recommends awarding a Professional Services Agreement to SCI Consulting Group in the amount of $91,000.

ATTACHMENT(S):

A. Resolution No. 24-222
B. PSA SCI Consulting

ATTACHMENT A
RESOLUTION NO. 24-222

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AWARDING PROFESSIONAL SERVICE AGREEMENT TO

SCI CONSULTING GROUP FOR CANNABIS CONSULTING

SERVICES
WHEREAS, the City of South El Monte (“City”) seeks a consultant to implement the City’s Commercial Cannabis Operations Regulatory Program, and review, evaluate, and score the Commercial Cannabis Permit application proposals.

WHEREAS, on March 28, 2024, a Request for Proposals (RFP) was solicited seeking a cannabis consultant to implement the Commercial Cannabis Operations Regulatory Program; and
WHEREAS, the City received three (3) proposals for the solicited services by the RFP deadline on April 30, 2024; and
WHEREAS, the City staff evaluated the proposals and determined that SCI Consulting Group submitted the most qualified proposal to implement the Commercial Cannabis Operations Regulatory Program, as well as to review, evaluate, and score the proposals; based on the analysis provided in the staff report for this item, which is incorporated by reference as set forth in full herein.

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

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

SECTION 2. Upon reviewing the proposals submitted for implementation of the Commercial Cannabis Operations Regulatory Program, review, evaluate and score the proposals, the City Council hereby finds that SCI Consulting Group has submitted the most qualified proposal, in the amount of $91,000.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute a professional service agreement with SCI Consulting Group subject to review and approval as to form by the City Attorney. The Council further directs the City Manager to take all actions necessary to effectuate the agreement.

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

PASSED, APPROVED AND ADOPTED this 10th day of September 2024. _______________________
Gloria Olmos, Mayor
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, do hereby certify that the foregoing Resolution, being Resolution No. 24-222, was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 10th day of September 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Sabrina Muhne, Interim City Clerk

01257.0001/867754.1

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

ATTACHMENT B

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 SCI Consulting Group, (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services to implement the City’s Commercial Cannabis Operations Regulatory Program and Evaluation Services defined and described particularly in Article 1 of this Agreement.

B. 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.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

01257.0001/867754.1 2
professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

01257.0001/867754.1 3

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety-One Thousand Dollars ($91,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

01257.0001/867754.1 4

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

2.5 Waiver.

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

01257.0001/867754.1 5
ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

01257.0001/867754.1 6
___________________________ Head of Contract Management (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.

4.4 Independent Consultant.

01257.0001/867754.1 7
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

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

01257.0001/867754.1 8
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute

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with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be

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additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of

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Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times

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during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or

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work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.

City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices

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during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

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7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $100.00 (One Hundred Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the 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.

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

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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.

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

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

Sabrina Muhne, Interim City Clerk
APPROVED AS TO FORM:

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

SCI Consulting Group By:

Name:

Title:

By:

Name:

Title:

Address:

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.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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.

01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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.

01257.0001/867754.1 A-1
EXHIBIT “A”

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

A.

B.

C.

D.

E.

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

A. Actionable insights include:
a.
b.
c.
d.
e.

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

A.

B.

C.

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

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

A.

01257.0001/867754.1 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.
[THIS SECTION INTENTIONALLY LEFT BLANK]

01257.0001/867754.1 D-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.

01257.0001/867754.1 D-2
EXHIBIT C-1

SCI STAFF HOURLY RATE
John Bliss, President $312.00
Kyle Tankard, Cannabis Services Group Leader $325.00
David Kaufman, Consultant $268.00
Support Staff $78.00

01257.0001/867754.1 D-3
EXHIBIT “D”

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

Days to Perform Deadline Date
A. Application
Process
Development ______________ ______________
B. Application
Review
______________ ______________
C. Applicant
Interviews and
Selection ______________ ______________
D. Cost Recovery
Analysis
______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.

Work Product Date
A. Application Process Development
• Develop application and selection process;
• Develop and design application package;
• Develop internal evaluation rubric and
scoring template;
• Develop interview process.

B. Application Review
• Initial screening of applications;
• Review, evaluate, and score each
application based on evaluation criteria;

01257.0001/867754.1 D-4
• Prepare a scoring spreadsheet for each
applicant;
• Background checks.

C. Applicant Interviews and Selection
• Assist with the coordination and scheduling
of interviews;
• Participate in interviews;
• Prepare report and final rankings.

D. Cost Recovery Analysis
• Develop Fee Study Report
• Prepare resolution, staff report, and
supporting documentation for Council
adoption.

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

City Council Agenda Report
Agenda Item No. 12.a.

DATE: September 10, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: Mayor Pro Tem Rudy Bojorquez

1. Discussion to implement new procedures for all
commissioners to immediately sign an affidavit under penalty of perjury stating they physically reside in South El Monte and immediate termination of commissioners for non-compliance.

RECOMMENDATION: Discussion and/or Action.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 12.b.

DATE: September 10, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: Councilmember Hector Delgado

1. Recognition of Mrs. Sonia Ayala, 2024/2025 El Monte Union High School District Teacher of the Year from South El Monte High School.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None