9 provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Services contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of one (1) year thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for
10 each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before performing any Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure
11 to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this
12 Agreement at any time for convenience and without cause by giving thirty (30) days assignprior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7)
13 calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable
14 satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its
15 term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
16 Tierra West Advisors
2626 East 3rd Street
Los Angeles, CA 90033
Attn: John Yonai or Rose Acosta
Yonai, Principals
City of South El Monte
4515 Santa Anita Avenue
South El Monte, Ca 91733
Attn: Rene Salas,
City Manager
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any of the Services contemplated under this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of
17 CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
18 provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The completion deadline for any Services assigned to CONSULTANT may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY.
CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The CITY Representative 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 CITY Representative such delay is justified. The City Representative’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.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to
19 CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SOUTH EL MONTE:
By:
Rene Salas, City Manager
Date:_______________________
TIERRA WEST ADVISORS, INC.:
By:
Name:
Title:
Date:_______________________
APPROVED AS TO FORM:
By: _____
Susie A. Altamirano
Interim City Attorney
Date:____________________________
21 EXHIBIT “A”
CONSULTANT PROPOSAL (WITH COMPENSATION RATE)
22 EXHIBIT “B”
CITY’S PUBLIC WORKS GUIDELINES
City Council Agenda Report
Agenda Item No. 8.a.
DATE: March 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONTINUED FROM THE FEBRUARY 18, 2025, REGULAR
CITY COUNCIL MEETING - APPEAL OF PLANNING
COMMISSION RESOLUTION NO. 24-09, ADOPTING A
MITIGATED NEGATIVE DECLARATION AND APPROVAL OF
CONDITIONAL USE PERMIT NO. CUP 21-13 TO ALLOW FOR
THE DEVELOPMENT OF A NEW 156,877 SQUARE FOOT
WAREHOUSE BUILDING TO BE LOCATED AT 2222
ROSEMEAD BOULEVARD
SUMMARY: Appeal of Planning Commission Resolution No. 24-09.
RECOMMENDED ACTION: Pursuant to Government Code Section 54955.1 this hearing has been continued to March 18, 2025.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: None.
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 9.a.
DATE: March 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONTINUED FROM THE FEBRUARY 18, 2025, REGULAR
CITY COUNCIL MEETING - APPOINTMENT OF COUNCIL
DELEGATES/ALTERNATES TO VARIOUS ORGANIZATIONS,
AGENCIES AND SUB-COMMITTEES
SUMMARY: Staff seeks City Council approval of appointments to various Organizations, Agencies and Sub-Committees.
RECOMMENDED ACTION: Staff Recommends that the City Council discuss and make appointments.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: Under state law, an elected Mayor, with the approval of the city council, appoints the delegates and alternates. Government Code Section 40605 provides: "In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute." Per the Los Angeles County City Selection Committee regulations, the Los Angeles County Sanitation District No. 15 regulations and the California Joint Powers Insurance Authority, the Mayor must serve as the Delegate to these agencies.
The City Council at its meeting of November 28, 2023 re-appointed Mayor Pro Tem Delgado to a two-year term commencing on January 1, 2024, to the Greater Los Angeles County Vector District Board of Trustees (GLACVCD). This term is current and expires on January 1, 2026.
ATTACHMENT(S):
A. COUNCIL DELEGATES LIST Update 11-28-23-Current
Updated 11/28/23
Council Delegates/Alternates to Various Organizations
and Sub-Committees Log
No. Organization Meeting
Date/Time
Delegate Alternate Notes Stipend Form 700
Y/N
1 California Contract Cities
Assoc.
17315 Studebaker Rd., Ste.
210
Cerritos, CA 90703
Contact: Marcel Rodarte,
Executive Director
Email:
[email protected]
Frank Rodarte, Administrative
Specialist
Email: [email protected]
PH: 562-622-5533
www.contractcities.org
3 rd Wed of
each month,
6:30 pm,
various
locations
Councilman
Manuel
Acosta
(Appt’d
1-24-23)
Councilman
Richard
Angel
Statewide
organization to
promote legislation
favorable to
Contract Cities. We
are a member city
$100 N
2 California Joint Powers
Insurance Authority
8081 Moody Street
La Palma, CA 90623
Veronica Ruiz
[email protected]
562-467-8736
www.cjpia.org
Board of
Director
meeting held
annually in
July
Mayor
Gloria
Olmos
Councilman
Richard
Angel
Appt’d
12-12-17
Consortium of
cities for selfinsurance.
Council sits on the
Board of Directors
board.
$100 for voting
delegates &
mileage
reimbursement
for travel to
and from
annual
meeting (Form
to be
completed and
submitted to
CJPIA)
N
No. Organization Meeting
Date/Time
Delegate Alternate Notes Stipend Form 700
Y/N
3 El Monte/South El Monte
Emergency Resources
Association
10900 Mulhall Street
El Monte, CA 91731
Contact: Lillian Rey
Email: [email protected]
PH: 626-444-7269
3 rd Thursday
of each
month, 3:30
pm
Councilman
Hector
Delgado
Councilman
Manuel
Acosta
Provide food and
shelter during
emergencies and
disasters
No N
4 Foothill Transit (Joint Powers
Authority Governing Board)
100 S. Vincent Avenue Suite 200
West Covina, CA 91790
Contact: Christina Lopez
Email: [email protected]
PH: 626-931-7204
www.foothilltransit.org
Meet twice a
year, 7:30 am
Councilman
Hector
Delgado
(also files
one for
Vector
Control
Dist.)
Mayor Gloria
Olmos
Alternative public
transportation board
formed by 20 cities
augmenting their
services.
$100 per
month for
Executive
Board
members
only.
Y
5 Greater Los Angeles County
Vector Control District
12545 Florence Avenue
Santa Fe Springs, CA 90670
Contact: Araceli Hernandez,
Board Clerk
PH:562-944-9656
[email protected]
www.glamosquito.org
Contact for Form 700:
Maria Weinbaum, Administrative
Assistant
[email protected]
2 nd Thursday
of each
month, 7:00
pm
Councilman
Hector
Delgado
2-yr Term
expires
January2026
re-appt 11-
28-23 to a 2-
year term
commencing
January 2024
NA Mosquito abatement
and disease
surveillance expert
and provides public
health outreach.
AB1234
Ethics Training
Required
$100 per
meeting
Y
No. Organization Meeting
Date/Time
Delegate Alternate Notes Stipend Form 700
Y/N
6 Los Angeles County City
Selection Committee
500 W. Temple Street
Room B50
Los Angeles, CA 90012
PH: 213-974-1431
[email protected]
www.cityselection.lacounty.gov
Meetings "oncall"Mayor
Gloria
Olmos
Mayor must
serve as the
Delegate
Councilman
Richard
Angel
Appoint City rep to
boards, agencies,
and commissions;
agencies; nominate
for appointment
members to the
California Coastal
Commission.
No N
7 League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Contact: Meg Desmond
[email protected]
www.cacities.org
PH: 916-837-6822
1 st Thursday of
each month,
6:30 pm
Councilman
Manuel
Acosta
Mayor Gloria
Olmos
Political
organization of all
cities in State of
California for
legislative purposes.
No N
8 Metropolitan Transit Authority
1 Gateway Plaza
Los Angeles, CA 90012
Contact: Michelle Jackson, MTA
Board Secretary
www.metro.net
PH: 213-922-6000
4 th Thursday of
each month,
9:30 am
Mayor
Gloria
Olmos
Councilman
Richard
Angel
Transportation
planner and
coordinator for more
than 9.6 million
people within its
1,433 square mile
service area.
No N
9 San Gabriel Valley Council of
Governments (COG)
1000 South Fremont Ave
Unit #42, BLDG A10N, Ste. 10-
210
Alhambra, CA 91803
Contact: Stephanie Hernandez
[email protected]
www.sgvcog.org
PH: 626-457-1800
3 rd Thursday of
each month,
6:00 pm
Mayor
Gloria
Olmos
Councilman
Richard
Angel
A Joint Powers
Authority comprised
of the 31 member
cities with the
authority to raise
revenues and share
liability with every
city in the Valley.
$50.00
per
meeting.
Y
For 2023
filing: under
Jurisdictionon Form
700 Check
“other” and
write in
Agency
Jurisdiction
No. Organization Meeting
Date/Time
Delegate Alternate Notes Stipend Form 700
Y/N
10 San Gabriel Valley Economic
Partnership
4900 Rivergrade Rd. Ste. A310
Irwindale, CA 91706
PH: 626-856-3400
www.valleyconnect.com
2 nd Wednesday
in January,
March, May,
July,
September,
and November
(Board of
Directors only)
Mayor
Gloria
Olmos
Councilman
Richard
Angel
Sustain and build
the regional
economy for
the benefit of 31
cities, chambers of
commerce,
academic
institutions,
businesses and
residents.
No N
11 LA County Sanitation Districts
Sanitation District No. 15
1955 Workman Mill Road
Whittier, CA 90607
Contact: Kim Christensen
[email protected]
PH: 562-908-4288 ext. 1101
www.lacsd.org
4 th Wednesday
of each month,
1:30 pm
Mayor
Gloria
Olmos
Mayor must
serve as
the
Delegate
Councilman
Richard
Angel
Represent City on
all affairs regarding
sewer, water
reclamation, waste
disposal and landfill.
$125 per
meeting
Y
12 Southeast Area Animal Control
Authority
9777 SEAACA Street
Downey, CA 90241
Contact: Cathy Kyle
[email protected]
PH: 562-803-3301 ext. 221
www.seaaca.org
3 rd Thursday of
each month,
2:00 pm
Mayor
Gloria
Olmos
Councilman
Richard
Angel
Consortium of cities
for animal control
purposes.
$225 per
meeting
Y
No. Organization Meeting
Date/Time
Delegate Alternate Notes Stipend Form 700
Y/N
13 Southern California Assoc. of
Governments (SCAG)
900 Wilshire Blvd, Ste. 1700
Los Angeles, CA 90017
Contact: Maggie Aguilar
[email protected]
PH: 213-630-1420
www.scag.ca.gov
Contact Yvette Macias,
Government Affairs Officer for
San Gabriel Valley, San
Fernando Valley and City of Los
Angeles
PH: (951) 214-9220.
1 st Thursday of
each month,
12:00 pm for
Regional Reps
only, our rep is
Margaret
Clark,
Councilmember
with City of
Rosemead
Mayor
Gloria
Olmos
only
General
Assembly
which
meets once
a year, 1st
Thursday,
in the
month of
"May" in
Palm
Desert
Councilman
Richard
Angel
an alternate
only for
attending
the General
Assembly
Addresses regional
transportation and
land use.
Notes: Members
represented by
Districts, 191
Members, Elections
every two years,
No Form 700
ONLY if
they attend
the
General
Assembly
in "May"
then they
would file
an
assuming
and
leaving for
that day,
per FPPC.
Sub-Committees
No. Organization Meeting
Date/Time
Representative Representative Notes Stipend Form 700
Y/N
14 Sub-Committee for City of
South El Monte Community
Disaster Council
1415 Santa Anita Avenue
South El Monte, CA 91733
Contact: Dianna Gomez
Email:
[email protected]
PH: 626-579-6540
www.ci.south-el-monte.ca.us
Meetings
called by Chair
Mayor Gloria
Olmos
Councilman
Manuel Acosta
In-house
committee for
emergency
preparedness
No N
15 Sub-Committee for Flags of
Valor Memorial Event
Meetings "oncall"Councilman
Rudy
Bojorquez
Mayor
Gloria Olmos
No N
16 Sub-Committee for New
Temple Park Rehabilitation
Project
Meetings “oncall”Mayor Gloria
Olmos
Board Member
Rubio
Councilman
Richard Angel
President
Castillo
No N
17 Sub-Committee for Night
Markets
Meetings “oncall”Councilman
Rudy
Bojorquez
Mayor Gloria
Olmos
No N
18 Committee for Employee
Recognition Dinner
Meetings “oncall”Mayor Gloria
Olmos
No N
19 Sub-Committee for Staff
Development and Team
Building Event (Picnic)
Meetings “oncall”Mayor Gloria
Olmos
Councilman
Richard Angel
No N
20 Committee for State of the City Meetings “oncall”Mayor Gloria Olmos
No N
City Council Agenda Report
Agenda Item No. 9.b.
DATE: March 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: DISCUSSION AND DIRECTION REGARDING VACANCY ON
THE PATRIOTIC COMMISSION
SUMMARY: City Council to discuss and provide staff direction on vacancy.
RECOMMENDED ACTION: Staff Recommends City Council discuss and provide staff direction.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: The City received a letter of resignation from Alejandro Miramontes De Anda from the Patriotic Commission. The City Council made appointments at their January 28, 2025 City Council Meeting. From the list of applicants, Abraham Flores Rojo was left on the list.
Staff has provided three (3) options:
- Option 1: City Council may appoint Abraham Flores Rojo; - Option 2: Issue notice of vacancy and accept new applications; - Option 3: Consider applications from those not appointed to other commissions.
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 12.a.
DATE: March 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Mayor Pro Tem Hector Delgado
1. For the State of the City event, direct staff to use all sponsorship dollar donations for scholarships and to use general funds to pay for the event, including rental hall, giveaways, and food.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None