South El Monte City Council
March 18, 2025

Gloria Olmos, Mayor/Chair
Hector Delgado, Mayor Pro Tem/ Vice Chair
Manuel Acosta, Councilmember/
Boardmember
Rudy Bojorquez, Councilmember/
Boardmember
Larry Rodriguez, Councilmember/
Boardmember
Rene Salas, City Manager/Executive
Director
Susie A. Altamirano, Interim City
Attorney/Interim General Counsel
Adrian Garcia, City Clerk/Secretary
Masami Higa, Director of
Finance/Treasurer

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
March 18, 2025, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

PUBLIC COMMENT
Those wishing to participate during Public Comment may do so in person at the South El Monte City Hall Council Chambers, or may submit written public comments by emailing [email protected]. Emailed public comments are due by 5:00 p.m., and should be limited to no more than 250 words. Written public comments will be provided to the City Council and will be part of the record but will not be read aloud.

To participate during public comment via teleconference, see below:

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

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

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

MEETINGS
The City Council holds regular meetings on the first and third Tuesday of every month.

Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

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

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

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

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

Adrian Garcia, MMC, City Clerk
Ph (626) 443-4928
Cell (626) 926-3071
Sabrina A. Muhne, Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998

LEVINE ACT DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST
City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

AGENDA BEGINS ON THE FOLLOWING PAGE

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

2. PLEDGE OF ALLEGIANCE
Councilmember Manny Acosta

3. INVOCATION
Pastor David Torres, Calvary Assembly of God Church

4. PRESENTATIONS

4.a. Certificates of Recognition to the South El Monte High School Academic Decathlon Team and Advisors

4.b. Sheriff's Department Report for the Month of February 2025

4.c. Code Enforcement and Public Safety Department Report for the Month of February 2025

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

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

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

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

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

Consent Calendar Items 7.a. through 7.d. next page.

CONSENT CALENDAR (CONTINUED)

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 4, 2025

Staff is requesting approval of Minutes for the March 4, 2025, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 4, 2025, Regular City Council Meeting.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-025, APPROVING WARRANTS FOR THE PERIOD OF MARCH 5, 2025,
THROUGH MARCH 18, 2025

Authorizing payment of City expenditures for the period of March 5, 2025, through March 18, 2025, totaling $1,013,529.51.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25-025, authorizing payment of City expenditures.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-026, APPROVING AMENDMENT NO. 1 TO RENEW AND EXTEND THE

AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE AND THE

SAUCE CREATIVE SERVICES FOR NEWSLETTER PUBLISHING
SERVICES FOR THREE (3) ADDITIONAL ONE (1) YEAR TERMS

The City of South El Monte ("City") provides a monthly newsletter, the South El Monte News, that informs residents of upcoming events, programs, projects, and policies of city government. The City entered into a Professional Services Agreement ("Agreement") with The Sauce Creative Services for newsletter publishing services, which expires on April 25, 2025. Amendment No. 1 will renew and extend the Agreement for three (3) additional one (1) year terms.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 25-026, approving Amendment No. 1 renewing and extending the current agreement between the City and The Sauce Creative Services for three (3) additional one (1) year terms; and

2. Authorize the City Manager or designer to execute the agreement.

Consent Calendar Items 7.d. through 7.f. next page.

CONSENT CALENDAR (CONTINUED)

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-027, APPROVING AMENDMENT NO. 1 TO THE PUBLIC WORKS

AGREEMENT BETWEEN THE CITY AND CALPROMAX ENGINEERING,
INC. FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE &
GARVEY AVE AND DURFEE AVE & PECK RD (HSIPL-5352(021))

On March 26, 2024, the City Council of the City of South El Monte (“City Council”) approved a Public Works Agreement with Calpromax Engineering, Inc. (“Agreement”), for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) (“Project”). An extension of the term of the Agreement is necessary for project completion; no additional compensation is required.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25-027, extending the term of the Agreement to March 26, 2026, to complete the Project.

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-028, APPROVING AMENDMENT NO. 1 TO THE CONTRACT SERVICES

AGREEMENT BETWEEN THE CITY AND KIMLEY HORN AND
ASSOCIATES, INC. FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD (HSIPL5352(021)

On January 24, 2023, the City Council of the City of South El Monte (“City Council”) approved a Contract Services Agreement with Kimley Horn and Associates, Inc. (“Agreement”) for the design services for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) (“Project”). An extension of the term of the Agreement is necessary for project completion; no additional compensation is required.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25-028, extending the term of the Agreement, Inc. to January 10, 2026, to complete the project.

7.f. CONSIDERATION AND APPROVAL OF RESOLUTION 25-029

INCREASING COMPENSATION AND UPGRADING JOB DESCRIPTION
FOR DEPUTY CITY CLERK; AND RESOLUTION 25-030 UPGRADING

THE JOB DESCRIPTION FOR ACCOUNTING MANAGER

Approval of the attached resolutions would increase the compensation for the position of Deputy City Clerk and upgrade the job description for the positions of Deputy City Clerk and Accounting Manager.

RECOMMENDED ACTION: Staff recommends City Council adopt the attached Resolution No. 25-029 and Resolution No. 25-030 revising the position of Deputy City Clerk by increasing compensation and upgrading the job description. Resolution 25-030 would upgrade the job description of Accounting Manager.

Public Hearings next page.

8. PUBLIC HEARINGS

8.a. CONTINUED FROM THE MARCH 4, 2025, REGULAR CITY COUNCIL MEETING - APPEAL OF PLANNING COMMISSION RESOLUTION NO.
24-09, ADOPTING A MITIGATED NEGATIVE DECLARATION AND

MITIGATION AND MONITORING REPORTING PROGRAM, AND
APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 21-13 TO
ALLOW FOR THE DEVELOPMENT OF A NEW 156,877 SQUARE FOOT
BUILDING TO BE LOCATED AT 2222 ROSEMEAD BOULEVARD

Appeal of Planning Commission Resolution No. 24-09.

RECOMMENDED ACTION: Staff recommends that the City Council adopt the attached Resolution No. 25-031 (Exhibit A) denying the Appeal and upholding the Planning Commission’s decision on November 19, 2024.

9. GENERAL BUSINESS

9.a. CONTINUED FROM THE MARCH 4, 2025, REGULAR CITY COUNCIL

MEETING - DISCUSSION AND DIRECTION REGARDING VACANCY ON

THE PATRIOTIC COMMISSION

City Council to discuss and provide staff direction on vacancy.

RECOMMENDED ACTION: Staff Recommends City Council discuss and provide staff direction.

9.b. DISCUSSION AND CONSIDERATION OF THE ESTABLISHMENT OF A

CITY COMMISSION OR COMMITTEE TO PROVIDE GUIDANCE AND

STRATEGIES REGARDING THE ASSISTANCE OF THE UNHOUSED

POPULATION OF THE CITY OF SOUTH EL MONTE

Discussion and consideration of the establishment of a Homelessness Commission or Committee by the South El Monte City Council with the intention of providing guidance to the City in matters impacting its unhoused population.

RECOMMENDED ACTION: Staff recommends City Council:

1. Discuss the establishment of a City of South El Monte Homelessness Commission or Committee; and

2. Authorize the City Clerk or designee to draft any and all documents necessary to further the establishment of a City of South El Monte Homelessness Commission or Committee that is discussed herein.

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

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

11. CORRESPONDENCE - None

12. COUNCILMEMBERS’ AGENDA

12.a. Mayor Pro Tem Hector Delgado

1. CONTINUED FROM THE MARCH 4, 2025, REGULAR CITY
COUNCIL MEETING- 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.

2. Action/Discussion/Direction on changing the distance requirement for cannabis in order to align with the California State Standard.

RECOMMENDED ACTION: Discussion and/or action.

13. CLOSED SESSION

13.a. PUBLIC EMPLOYEE APPOINTMENT - Title: City Attorney pursuant to Government Code Section 54957(b)(1).

13.b. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Pursuant to Government Code § 54956.9 (d)(1) Julian Deng vs. City of South El Monte, et al. Case No. 24NNCV03340

14. RECESS COUNCIL MEETING
Successor Agency Meeting next page.

SUCCESSOR AGENCY MEETING

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

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

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

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

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

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

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

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR FEBRUARY 18, 2025

Staff is requesting approval of the Minutes of the February 18, 2025, Successor Agency Meeting.

RECOMMENDED ACTION: Staff is requesting approval of the Minutes of the February 18, 2025, Successor Agency Meeting.

20. EXECUTIVE DIRECTOR'S AGENDA - None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING

NEXT REGULAR CITY COUNCIL MEETING:

Tuesday, April 1, 2025, at 6:00 p.m.

CERTIFICATION
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on this March 13, 2025, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org.

Adrian Garcia, MMC

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: Certificates of Recognition to the South El Monte High School Academic Decathlon Team and Advisors
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Sheriff's Department Report for the Month of February 2025 SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. PowerPoint - February 2025

South El Monte
February 2025
Crime Statistics

South El Monte
Part I Crime Statistics – February 2021-2025 YTD
South El Monte 1 yr % change 4 yr % change
Homicide NC NC
Rape NC 33%
Aggravated Assault 133% -25%
Robbery -14% 0%
Burglary 35% 13%
Theft 6% -24%
Grand Theft Auto 12% -51%
Arson NC NC
Total 28% -22%
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 5
10 15
20 25
30 35
40 0
2 13
5 10
36 17
0 1
0 9
3 36
33 12
0 0 0
6 3
24 27
18 0 0 0
4 5
14 24
6 0 0
4 5
5 10
17 5
1 South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 10
20 30
40 50
60 70
80 90
0 3
28 6
24 68
39 0
1 0
15 8
77 61
27 1 0 0
10 7
35 59
33 2
0 0
9 7
20 49
17 0 0
4 21
6 27
52 19
2 South El Monte
2021 2022 2023 2024 2025

South El Monte
Part I Crime Statistics – February 2021-2025 YTD
2021 2022 2023 2024 2025
0 10
20 30
40 50
60 70
80 90
100
83 94
78 53
47 South El Monte
2021 2022 2023 2024 2025
0 20
40 60
80 100
120
140
160
180
200
168
190
146
102
131
South El Monte

South El Monte
Part I Crime Statistics – 2025 Monthly Breakdown
& Arrests YTD
Arrests
2024 164
2025 112
South El Monte YTD
Res Burg 1
Other Burg 26
Petty Theft 25
Grand Theft 16
Theft from Vehicle 11
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 2
4 6
8 10
12 14
16 18
0 4
5 5
10 17
5 1
SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 16
35 13
1 SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0
Rape 4 0 4
Aggravated Assault 5 16 21
Robbery 5 1 6
Burglary 11 16 27
Theft 17 35 52
Grand Theft Auto 6 13 19
Arson 1 1 2
Total 49 82 0 0 0 0 0 0 0 0 0 0 131

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: Code Enforcement and Public Safety Department Report for the Month of February 2025
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. PowerPoint - February 2025

City of South El Monte
Code Enforcement Report
February 2025 Recap
Raul Rodriguez
Code Enforcement Supervisor

Code Enforcement Cases
February - 78
Building Code.…………………………… 9
Business……………………………………… 1
Graffiti ( Private Property)..………… 14
Health & Safety/Public Nuisance…. 4
Homeless .…………………………………… 17
Illegal Dumping/Bulk ………………….. 4
Prohibited Animals ……………………. 3
Property Maintenance.……………….. 11
Street Vendors……………………………. 2
Streets/Public Places…………………… 6
Vehicle/Traffic….………………………….. 6
Zoning…………………………………………. 1

City of South El Monte
Public Safety Report
February 2025 Recap
Joe Martinez
Public Safety Supervisor

Parking Citations
February – 757  * Number of Citations issued differs from number of violations listed 0 50 100 150 200 250 300
80" W PARKED OVER 30 MIN

FOR SALE

DISCONNECTED TRAILER

FIRE LANE

LAWN PARKING
RED

POSTED SIGN

ON SIDEWALK

DOUBLE PARK
18" FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS

MARKED STALLS
YELLOW

HANDICAP/DISABLED ZONE
* FEBRUARY VIOLATIONS
19 5
11 4
1 84
3 25
6 19
22 243
3 6
16 Night Day - Residential
275
225
175
125
75 25
154
STREET SWEEPING –
330
Night 176
Day -
Residential

Parking Citations
February Continued -
0 5 10 15 20 25 30 35 40 45
TIME (2)HR PARKING
WHITE

BLOCKING THE ACCESS RAMP

FAILURE TO DISPLAY PLACARD

BLOCKING PUBLIC OR PRIVATE DRIVEWAY

OVERWT ON RESTRICTED STREET

EXPIRED REGISTRATION

ON CROSSWALK

NO PARKING OPPOSITE SIDE OF STREET

ALLEY PARKING

PARKING NEAR SIDEWALK ACCESS RAMPS

LICENSE PLATE DISPLAY (FRONT/REAR)
* FEBRUARY VIOLATIONS
9 1
1 1
6 1
1 1
8 0
1 40
Violations

PUBLIC SAFETY DIVISION
• Implement and Assist with
Street Closures for City Events
• Assist Fire and Sheriffs
Department with traffic
control
• Monitor Schools and conduct
traffic control
• Monitor Parks and City
Facilities
• Interact with the Homeless
and offer resources
• Enforce Local and State
Parking laws

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 4, 2025
SUMMARY: Staff is requesting approval of Minutes for the March 4, 2025, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 4, 2025, Regular City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Minutes 3-4-25

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, March 4, 2025 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 P.M.

1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Susie A. Altamirano, Interim City Attorney; Adrian Garcia, City Clerk; Ariana De La Cruz (via Zoom); Andres Gonzalez, Interim Director of Public Works; Gerardo Marquez, Planning Manager; and Sabrina Muhne, Deputy City Clerk.

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

2. PLEDGE OF ALLEGIANCE – Councilmember Rodriguez led the Pledge of Allegiance.

3. INVOCATION – Alex Miramontes, Epiphany Catholic Church

4. PRESENTATIONS

4.a. Certificates of Recognition to the El Monte/South El Monte Jets Football Team for Winning the SGVJAAFC Citrus League Champions, Undefeated 8-0.

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

ORDINANCES
Susie A. Altamirano, Interim City Attorney, announced Walk-On Agenda Item 12.b. and read the title of Ordinance 1280.

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

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

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Sil Ruiz, Library Manager, South El Monte Library, shared information on using library cards to participate in the “Online Homework Help” program and to receive free passes to museums through the “Explore SoCal Museums for Free” program.

2. Eduardo Sauceda, resident, spoke on Measure CM, the Kruse building, more space for Ben Lira’s boxing program, the Cielito Lindo empty lot, the empty building at Michael Hunt Drive and Durfee Ave, and the renaming of Michael Hunt Drive.

There being no further public comment, Mayor Olmos closed public comment.

7. CONSENT CALENDAR
Motion by Councilmember Bojorquez, seconded by Councilmember Acosta, to approve the Consent Calendar. Motion passed 5-0, by the following vote:

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

7.a. Approved the Minutes for the February 18, 2025, Regular City Council Meeting.

7.b. Adopted Resolution No. 25-021, authorizing payment of City expenditures for the period of February 19, 2025, through March 4, 2025, totaling $1,714,750.42.

7.c. Adopted Resolution No. 25-022, approving the 2023-24 allocation of Community Development Block Grant-Permanent Local Housing Allocation (CDBG-PLHA) Program Year 5 funds, and authorized City Manager or designee to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications for CDBG projects with the Los Angeles County Development Authority (LACDA).

7.d. Adopted Resolution No. 25-023, awarding a Professional Services Agreement to Hera Property Registry to administer and implement the Foreclosure Registration Program, and authorized the City Manager to execute the agreement, allowing Hera Property Registry to retain an agreed-upon amount of the registration fees collected.

CONSENT CALENDAR (CONTINUED)

7.e. Adopted Resolution No. 25-024, authorizing the City Manager or designee to apply for CalHome Grant funding in the amount of $2,525,000 to assist homeowners with rehabilitation and first-time homebuyer down payment assistance, and authorized City Manager or designee to execute all necessary agreements, subject to City Attorney approval.

7.f. Authorized City Staff to publish the Notice of Inviting Sealed Bids for the South El Monte City Hall Restroom Rehabilitation Project (CDBG).

7.g. Waived second reading and adopted Ordinance No. 1280, amending South El Monte's Municipal Code sections 2.48.020 and 2.48.130 of chapter 2.48 to increase the number of commissioners on the Community Services Commission from five to seven commissioners and amending sections

2.50.020 and 2.50.100 of chapter 2.50 removing age restrictions.

7.h. Approved the agreement for Public Works Director services provided by Tierra West Inc. in the not-to-exceed amount of $95,000 and for an additional three (3) months of services if needed for an aggregate not-toexceed amount of $190,000.

8. PUBLIC HEARINGS

8.a. 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
Susie A. Altamirano, City Attorney, announced Public Hearing Item 8.a. was continued to the March 18, 2025, Regular City Council Meeting.

No action was taken on this item.

9. GENERAL BUSINESS

9.a. CONTINUED FROM THE FEBRUARY 18, 2025, REGULAR CITY COUNCIL MEETING – APPOINTMENT OF COUNCIL

DELEGATES/ALTERNATES TO VARIOUS ORGANIZATIONS,

AGENCIES AND SUB-COMMITTEES
Mayor Olmos introduced the item, and Adrian Garcia, City Clerk, provided a report.

Appointments were made to the following organizations, agencies, and subcommittees:

GENERAL BUSINESS (CONTINUED)
Item 9.a.

Organizations and Agencies

1. California Contract Cities Association
By consensus, with no objection, Councilmember Bojorquez was appointed Delegate, and Mayor Olmos was appointed Alternate.

2. California Joint Powers Insurance Authority
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Bojorquez was appointed Alternate.

3. El Monte/South El Monte Emergency Resources Association By consensus, with no objection, Mayor Pro Tem Delgado was reappointed Delegate, and Councilmember Rodriguez was appointed Alternate.

4. Foothill Transit Joint Powers Authority Governing Board By consensus, with no objection, Mayor Pro Tem Delgado was reappointed Delegate, and Councilmember Rodriguez was appointed Alternate.

5. Greater Los Angeles County Vector Control District
By consensus, with no objection, Mayor Pro Tem Delgado remained Delegate with his current two-year appointment.

6. Los Angeles County City Selection Committee
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Rodriguez was appointed Alternate.

7. League of California Cities
By consensus, with no objection, Councilmember Acosta was reappointed Delegate, and Mayor Gloria Olmos was re-appointed Alternate.

8. Metropolitan Transit Authority
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Rodriguez was appointed Alternate.

9. San Gabriel Valley Council of Governments
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Bojorquez was appointed Alternate.

10. San Gabriel Valley Economic Partnership
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Rodriguez was appointed Alternate.

GENERAL BUSINESS (CONTINUED)
Item 9.a.

11. Los Angeles County Sanitation Districts, District No. 15 By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Bojorquez was appointed Alternate.

12. Southeast Area Animal Control Authority
Councilmember Bojorquez was appointed Delegate. Appointment passed 3-2 by the following vote:

AYES: Councilmember(s): Bojorquez, Rodriguez, and Mayor Pro Tem Delgado
NAYS: Councilmember(s): Acosta, and Mayor Olmos
By consensus, with no objection, Mayor Gloria Olmos was appointed Alternate.

13. Southern California Association of Governments
By consensus, with no objection, Mayor Gloria Olmos was re-appointed Delegate, and Councilmember Rodriguez was appointed Alternate.

Subcommittees

14. City of South El Monte Community Disaster Council
By consensus, with no objection, Mayor Gloria Olmos and Councilmember Acosta were re-appointed as Representatives.

15. Flags of Valor Memorial Event
By consensus, with no objection, Councilmember Bojorquez was reappointed, and Councilmember Rodriguez was appointed as Representatives.

16. New Temple Park Rehabilitation Project
By consensus, with no objection, Mayor Gloria Olmos was re-appointed, and Mayor Pro Tem Delgado was appointed as Representatives.

17. Night Markets
By consensus, with no objection, Mayor Gloria Olmos and Councilmember Bojorquez were re-appointed as Representatives.

Mayor and City Council discussed potential concerns with Councilmembers sitting on Subcommittees 18 and 19.

18. Employee Recognition Dinner
By consensus, with no objection, Mayor Gloria Olmos was re-appointed as Representative.

GENERAL BUSINESS (CONTINUED)
Item 9.a.

19. Staff Development and Team Building Event (Picnic)
By consensus, with no objection, Mayor Gloria Olmos was re-appointed as Representative.

20. State of the City
By consensus, with no objection, Mayor Gloria Olmos was re-appointed, and Mayor Pro Tem Delgado was appointed as Representatives.

9.b. DISCUSSION AND DIRECTION REGARDING VACANCY ON THE

PATRIOTIC COMMISSION
Mayor Olmos introduced the item, and Adrian Garcia, City Clerk, provided a report.

Susie A. Altamirano, Interim City Attorney, advised on posting requirements for a vacancy notice per the Government Code.

This item was continued to the March 18, 2025, Regular City Council Meeting.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the Temple Station Sheriff’s Outreach Foundation 1st Annual Sponsorship and Awards Gala, the Independent Cities Association Winter Seminar, the State of Public Safety in San Gabriel Valley, the Merced Avenue Greenway Grand Opening and Ribbon Cutting, and the South El Monte Eagles Varsity Girls Soccer Team at the CIF-SS Division 8 Championship Game.

Councilmember Bojorquez announced he attended the following: the Independent Cities Association Winter Seminar, the Planning Commission Meeting, the State of Public Safety in San Gabriel Valley, the South El Monte Eagles Varsity Girls Soccer Team at the CIF-SS Division 8 Championship Game, and the Read Across America Read Aloud Day at New Temple Elementary School.

Mayor Pro Tem Delgado announced he announced he attended the following:
the South El Monte Eagles Varsity Girls Soccer Team at the CIF-SS Division 8 Championship Game, and the South El Monte Eagles Varsity Boys Basketball Team at the CIF-SS Division 5 Championship Game.

Councilmember Rodriguez announced he attended the following: the Independent Cities Association Winter Seminar, the Read Across America Read Aloud Day at New Temple Elementary School, the South El Monte Eagles Varsity Girls Soccer Team at the CIF-SS Division 8 Championship Game, and the Planning Commission Meeting.

Mayor Olmos announced she attended the following: Temple Station Sheriff’s Outreach Foundation 1st Annual Sponsorship and Awards Gala, the Independent Cities Association Winter Seminar, the Merced Avenue Greenway Grand Opening

COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS (CONTINUED) and Ribbon Cutting, the Planning Commission Meeting, the South El Monte Eagles Varsity Girls Soccer Team at the CIF-SS Division 8 Championship Game, Pastor Charlie Corum’s inauguration of six elders at South El Monte Community Outreach Church, and the Read Across America Read Aloud Day at New Temple Elementary School.

11. CORRESPONDENCE – None

12. COUNCILMEMBERS’ AGENDA

12.a. Mayor Pro Tem Delgado
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.

Mayor Pro Tem Delgado summarized his item.

Discussion ensued and questions were directed to the Interim City Attorney and City Manager.

Motion by Mayor Pro Tem Delgado, seconded by Councilmember Rodriguez to continue the item. Motion passed by consensus.

12.b. Councilmember Bojorquez
Direct staff to send a letter to Supervisor Hilda Solis requesting to support hiring more Sheriffs in the department and retention.

Councilmember Bojorquez summarized his item.

Staff was directed to prepare a support letter including the City Council’s signatures.

Mayor Olmos announced that the Flags of Valor event is May 19-26, 2025, at the Dean L. Shively Middle School’s front lawn and encouraged donations.

13. CLOSED SESSION
At 7:26 p.m. Mayor and City Council recessed into Closed Session.

13.a. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF

LITIGATION
Government Code Sections 54956.9(d)(2) & (e)(1)) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, there is significant exposure to litigation against the City, based on existing facts and circumstances which the City believes are not yet known to potential plaintiff or plaintiffs. Number of Potential Cases: 1

CLOSED SESSION (CONTINUED)

13.b. PUBLIC EMPLOYEE APPOINTMENT
Title: City Attorney pursuant to Government Code Section 54957(b)(1).

At 8:04 p.m. Mayor Olmos reconvened the meeting with all councilmembers present.

Susie A. Altamirano, Interim City Attorney, announced City Council discussed Item 13.a., a report was provided, feedback was given, with no reportable action, and 13.b. was continued to a future date.

14. ADJOURNMENT
There being no further business coming before this body, at 8:04 p.m. Mayor Olmos adjourned the meeting in memory of Ms. Elpidia Frias, resident, to a Regular City Council Meeting on Tuesday, March 18, 2025, at 6:00 p.m.

Minutes prepared by Sabrina A. Muhne, Deputy City Clerk. ___________________________ ______________________
Adrian Garcia, MMC, City Clerk Gloria Olmos, Mayor

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-025, APPROVING WARRANTS FOR THE PERIOD OF
MARCH 5, 2025, THROUGH MARCH 18, 2025
SUMMARY: Authorizing payment of City expenditures for the period of March 5, 2025, through March 18, 2025, totaling $1,013,529.51.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 025, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 25-025
B. 3.18.25 EXPENSE APPROVAL

ATTACHMENT A

RESOLUTION NO. 25-025

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MARCH 5, 2025, THROUGH MARCH 18, 2025,
TOTALING $1,013,529.51.

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

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

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 24/25 Electronic Warrants 3/5/25-3/18/25 DFT0002628-2661 $262,374.70 FY 24/25 Regular Warrants 3/5/25-3/18/25 16004-16119 $562,021.64 Payroll Check PPE 3/1/25 2027-2031 $5,000.36
Payroll Direct Deposit PPE 3/1/25 9339-9459 $184,132.81 TOTAL EXPENDITURES RESOLUTION NO. 25-025, $1,013,529.51 PASSED, APPROVED, AND ADOPTED this 18th day of March 2025. __________________________________
Gloria Olmos, Mayor
ATTEST:
__________________________________
Adrian Garcia, MMC, City Clerk
Attachment: Exhibit A – Expense Report

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-025, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 18th day of March 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Adrian Garcia, MMC, City Clerk

Vendor Name
ANDREW WINGFABIOLA QUEZADAJESSAICA SHIELDSLARRY RODRIGUEZMASAMI HIGAMASAMI HIGAMASAMI HIGARENE SALASRUDY BOJORQUEZSTANDARD INSURANCESTANDARD INSURANCESTATE OF CA FRANCHISE TAX BOARDTERESA GARCIATERESA GARCIAVALLEY FLOOD-LITE SERVICE, INC.VICTORIA MORAVICTORIA MORAVONS CREDIT UNIONPUENTE HILLS FORD LLCSERGIO SANTIAGO COREAST-MOBILE USA INCT-MOBILE USA INCMANUEL ACOSTASAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERAARON CALDERONAARON CALDERONAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCANDRES FERNANDEZANDREW WINGANDY TRUONGAPMFG FABRICATORS INC.AUTO ACCESSORIES EMERGENCY LIGHT INC

ATTACHMENT B
Amount

01.0100.1040.5922 16005 02/27/2025 FEB'25 COUNCIL APPROVED SPONSORSHIP 500.0001.0170.1770.5525 16029 03/12/2025 #48 LIGHT BAR & SWITCH/ STOBE LIGHTS 2,388.10

01.0100.1060.5943 16028 03/12/2025 20FT SOLAR SPOKE SHELTER RPLCMT- FINAL 12,094.0201.0151.1543.5952 16025 03/12/2025 BIKE RIDE T-SHIRTS 1,361.0401.0151.1541.5215 16026 03/12/2025 2/28/25 BBALL OFFICIAL SVCS 70.0001.0170.1770.5525 16027 03/12/2025 #13 REPLACE IGNITION COIL 1,642.21

01.0150.1530.5952 16024 03/12/2025 ST. PATRICKS DAY GIVE AWAYS 171.9601.0170.1170.5956 16024 03/12/2025 YELLOW SAFETY VEST 8.3601.0150.1530.5952 16024 03/12/2025 VOLUNTEER CARDIGAN SAMPLES 132.12

01.0140.1430.5406 16024 03/12/2025 DEPT. SUPPLIES 54.6701.0100.1040.5406 16024 03/12/2025 CAMERA GRIP 26.9901.0150.1540.5431 16024 03/12/2025 ICE MACHINE SCOOPER 20.3301.0151.1541.5215 16023 03/12/2025 2/13/25 BBALL OFFICIAL SVCS 105.0001.0130.1330.5406 16024 03/12/2025 IT SUPPLIES FOR NEW IPADS 257.7801.0120.1210.5406 16024 03/12/2025 DEPARTMENT SUPPLIES 439.9001.0000.0000.1410 16022 03/10/2025 DEPOSIT 25% GRWNWY #407 3,538.3701.0000.0000.1410 16022 03/10/2025 DEPOSIT 2' RECLAIMED WATER #407 14,153.46

01.0151.1541.5215 16023 03/12/2025 2/11/25 BBALL OFFICIAL SVCS 70.0001.0130.1330.5715 16020 03/04/2025 CREDIT ADJUSTMENT (599.05)01.0130.1330.5715 16020 03/04/2025 1/21-2/20/25 CITY CELL PHONES 5,564.9201.0100.1010.5910 16021 03/06/2025 MAR'25 WELL ANNUAL CONF/ PER DIEM 224.0001.0000.0000.2240 16017 02/27/2025 FEB'25 109.5001.0170.7020.6010 16018 03/04/2025 2025 FORD MAVERICK 33,882.9601.0140.1430.5910 16019 03/04/2025 MAR'25 HOUSING CA ANNUAL CONF/ PER DIEM 224.0001.0160.1650.5520 16015 02/27/2025 FLOOD LIGHT REPAIR/ NTP 5,524.6101.0170.1170.5966 16016 02/27/2025 1/6-1/29/25 MILEAGE REIMBURSEMENT 40.2001.0170.1170.5966 16016 02/27/2025 1/30-2/21/25 MILEAGE REIMBURSEMENT 40.20

01.0000.0000.2270 16013 02/27/2025 A.R GARNISHMENT PPE 2/15/25 8.1501.0130.1310.5910 16014 02/27/2025 FEB'25 CSMFO ANNUAL CONF/ PER DIEM 224.0001.0130.1310.5910 16014 02/27/2025 FEB'25 CONF/ TRANSPORTATION CHARGES 48.8801.0100.1010.5910 16010 02/27/2025 MAR'25 NLC CONGRESSIONAL CITY CONF/ PER DIEM 448.00

01.0000.0000.2225 16011 02/27/2025 MAR'25 LIFE AD&D 6,994.5701.0000.0000.2224 16012 02/27/2025 MAR'25 LIFE AD&D & SUPPLEMENTAL 436.6601.0130.1310.5910 16008 02/27/2025 CSMFO CONF/ HOTEL REIMBURSEMENT 574.3801.0130.1310.5910 16008 02/27/2025 FEB'25 CSMFO CONF/ PER DIEM 261.3401.0100.1020.5910 16009 02/27/2025 MAR'25 NLC CONGRESSIONAL CITY CONF/ PER DIEM 448.0001.0150.1530.5430 16006 02/27/2025 FEB'25 LINE DANCING CLASSES 105.0001.0100.1010.5910 16007 02/27/2025 MAR'25 NLC CONGRESSIONAL CITY CONF/ PER DIEM 448.0001.0130.1310.5910 16008 02/27/2025 CSMFO/ TRANSPORTATION CHARGES 41.92 Warrant Register
South El Monte, CA Council Meeting 03/18/25
Account Number Payment Number Payment Date Description (Item)

01.0151.1541.5215 16004 02/27/2025 3/1/25 BBALL OFFICIAL SVCS 140.00

AUTO ACCESSORIES EMERGENCY LIGHT INC
AUTO ACCESSORIES EMERGENCY LIGHT INCAUTOZONEAUTOZONEAUTOZONEBASE HILL, INC.BASE HILL, INC.BASE HILL, INC.BEAR ELECTRICAL SOLUTIONS, INCBLACK KNIGHT DATA & ANALYTICS, LLCBSN SPORTS LLCBUREAU VERITAS NORTH AMERICAN INC.BUTLER CHEMICALS, INC.CATALINA B GARCIACITY OF EL MONTE-FINANCE DEPT.CLEANLEAF ENERGY HOLDINGS, INCCOUNCIL FOR WATERSHED HEALTHCOUNCIL FOR WATERSHED HEALTHCYNTHIA ARGUELLESDANIEL BARONDANIEL BARONDEPT. OF JUSTICE-ACCOUNTING OFFICEDIANA GALVANDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDRIFTWOOD DAIRY, INCDUANE TAKAYAMADUANE TAKAYAMADUANE TAKAYAMAECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONEL MONTE PRINTINGEL MONTE PRINTINGEL MONTE PRINTINGEL MONTE PRINTINGEL MONTE UNION HIGH SCHOOL DISTRICTEWING IRRIGATIONEWING IRRIGATIONEWING IRRIGATIONEWING IRRIGATIONEWING IRRIGATIONFERNANDO LUNAGRACIE H. RETAMOZAGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWARE

01.0140.1410.5204 16052 03/12/2025 FEB'25 PC MEETING 150.00

01.0160.1620.5520 16053 03/12/2025 REPAIR SUPPS/ SCTR 59.4801.0160.1620.5520 16053 03/12/2025 SUPP FOR REPAIRS/ SCTR 49.1701.0170.1750.5520 16050 03/12/2025 LANDSCAPE REPAIRS HAYWOOD DIST 495.89

01.0170.1020.5956 16051 03/12/2025 2025 BOOT ALLOWANCE 200.0001.0160.1650.5520 16050 03/12/2025 IRRIG REPAIRS/ NTP 70.7001.0170.1750.5520 16050 03/12/2025 IRRIG REPAIRS HAYWARD 100.7101.0151.1541.5430 16049 03/12/2025 3/1/25 BBALL CHAMPIONSHIP FACILITY RENTAL 486.0001.0160.1650.5520 16050 03/12/2025 TURFACE MOUND BRICKS 64.3501.0170.1750.5520 16050 03/12/2025 IRRIG REPAIRS ON MERCED 144.1101.0100.1050.5406 16048 03/12/2025 HR BUSINESS CARDS 49.5001.0170.7020.5406 16048 03/12/2025 CODE BUSINESS CARDS 55.0001.0170.7020.5406 16048 03/12/2025 CODE BUSINESS CARDS 55.0001.0170.1710.5520 16047 03/12/2025 FEB'25 PEST CONTROL/ CHALL 222.56

01.0160.1620.5520 16047 03/12/2025 FEB'25 PEST CONTROL/ SCTR 337.2101.0100.1020.5405 16048 03/12/2025 CM BUSINESS CARDS 72.0301.0151.1541.5215 16046 03/12/2025 2/28/25 BBALL OFFICIAL SVCS 70.0001.0170.1720.5520 16047 03/12/2025 FEB'25 PEST CONTROL/ YARD 160.4301.0160.1610.5520 16047 03/12/2025 2/27/25 PEST CONTROL/ CCTR 79.2006.0300.3020.5430 16045 03/12/2025 MILK/ CII NUTR PRGM 43.0901.0151.1541.5215 16046 03/12/2025 2/11/25 BBALL OFFICIAL SVCS 70.0001.0151.1541.5215 16046 03/12/2025 2/25/25 BBALL OFFICIAL SVCS 87.5006.0300.3010.5430 16045 03/12/2025 MILK/ CI NUTR PRGM 283.0006.0300.3020.5430 16045 03/12/2025 MILK/ CII NUTR PRGM 31.4406.0300.3010.5430 16045 03/12/2025 MILK/ CI NUTR PRGM 387.8101.0000.0000.4554 16042 03/12/2025 2/8/25 MVD CR DMG DEP RFND 50.0001.0100.1050.5934 16043 03/12/2025 JAN'25 FINGERPRINTS 160.0001.0000.0000.4554 16044 03/12/2025 2/16/25 MVD CR DMG DEP RFND 50.0068.0900.9000.5968 16040 03/12/2025 JAN'25 N GRNWY DESIGN/SCW #408 103,323.75

01.0000.0000.4554 16041 03/12/2025 2/23/25 MVD CR DMG DEP RFND 50.0001.0000.0000.4554 16042 03/12/2025 2/8/25 MVD GAZEBO DMG DEP RFND 50.00

01.0170.1770.5525 16038 03/12/2025 JAN'25 CNG FUEL 101.9601.0170.1020.5505 16039 03/12/2025 SOLAR REPAIR CHALL 934.4068.0900.9000.5968 16040 03/12/2025 11/1-12/31/24 N GRNWY DESIGN/SCW #408 96,974.5101.0140.1440.5215 16035 03/12/2025 JAN. '25 - BLDG INSPECTION SVCS. 8,098.30

01.0160.1620.5520 16036 03/12/2025 CLEANING SUPPLIES/ SCTR KITCHEN 321.97

01.0000.0000.4554 16037 03/12/2025 2/22/25 SCTR DINING RM/ DMG DEP RFND 500.0002.0170.1760.5535 16032 03/12/2025 JAN'25 TRAFFIC SIG RESPONSE 14,285.5001.0140.1430.5215 16033 03/12/2025 2/8-3/7/25 - MONTHLY SUBSCRIPTION 150.0001.0151.1541.5430 16034 03/12/2025 TBALL SUPPLIES 621.8201.0170.1020.5515 16031 03/12/2025 FEB'25 JANITORIAL SERVICES 8,305.00

01.0170.1020.5515 16031 03/12/2025 2/15 & 2/22/25 SPECIAL CLEAN UP SCTR 480.0001.0170.1020.5515 16031 03/12/2025 CHEET MATS DISINFECTING/ CCTR 150.0044.0800.8010.5525 16030 03/12/2025 #45 A/C SYSTEM 68.4344.0800.8010.5525 16030 03/12/2025 #45 VENT SYSTEM SVCS 14.0301.0170.1770.5525 16030 03/12/2025 PW #2 TRAILER LIGHTS/LIGHT CONNECTOR 141.57

01.0170.1770.5525 16029 03/12/2025 #49 INSTALL LED BAR/STROBE LIGHTS 2,526.07

01.0170.1770.5525 16029 03/12/2025 #49 WINDOW TINT/LED STROBE LIGHTS 1,224.15

GRANT'S TRUE VALUE HARDWARE
GRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREHASA INC.HASA INC.HORTENCIA VASQUEZHUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYHUNTINGTON CULINARYINA KIMINT'L INSTITUTE OF MUNICIPAL CLERKSJACQUELINE RUBIOJAVIER ZAVALAJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJEFFREY MICHAEL ORTIZJHM SUPPLYJOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOSEPH B. CAINKENNETH EUEKHEANG TANGL.A. COUNTY DEPT OF PUBLIC WORKSL.A. COUNTY DEPT OF PUBLIC WORKSLBC LIGHTINGLBC LIGHTINGLBC LIGHTINGLBC LIGHTINGLEONEL A. BARRERA JRLOGIC TECHNOLOGY CONSULTING GROUPLOGIC TECHNOLOGY CONSULTING GROUPMAKE IT LA LLCMAKE IT LA LLCMAKE IT LA LLCMAKE IT LA LLCMARIBEL LARIOSMEISTER SEALCOAT & SUPPLIES, LLCMEISTER SEALCOAT & SUPPLIES, LLCMISSION FENCE & PATIO BUILDERSMISSION FENCE & PATIO BUILDERSMISSION FENCE & PATIO BUILDERSMISSION FENCE & PATIO BUILDERSMISSION FENCE & PATIO BUILDERS

01.0130.1330.5215 16075 03/12/2025 MAR'25 MANAGED SVCS 13,530.00 MODERN IT, INC

01.0160.1650.5520 16074 03/12/2025 FENCE SUPPLIES/ NTP 362.5501.0160.1650.5520 16074 03/12/2025 FENCING PROJECT/ NTP 98.8801.0160.1650.5520 16074 03/12/2025 FENCE SUPPS/ NTP 381.8837.0670.6720.5977 16073 03/12/2025 POTHOLE PATCH CITYWIDE 1,249.5401.0160.1650.5520 16074 03/12/2025 FENCE REPAIR SUPP/ NTP 293.8801.0160.1650.5520 16074 03/12/2025 FENCE REPAIR/ NTP 340.6937.0670.6720.5977 16073 03/12/2025 POTHOLE PATCH CITYWIDE 1,351.5401.0150.1515.5406 16071 03/12/2025 COMMISSIONER POLOS & JACKETS 382.7201.0150.1540.5956 16071 03/12/2025 STAFF JACKETS 45.1301.0130.1310.5215 16072 03/12/2025 QRTLY ACCOUNTING PROFESSIONAL SVCS 1,250.00

01.0130.1330.5406 16070 03/12/2025 ADDITIONAL CABLING SVCS 300.0001.0150.1505.5406 16071 03/12/2025 COMMISSIONER POLOS & JACKETS 478.4001.0150.1510.5406 16071 03/12/2025 COMMISSIONER POLOS & JACKETS 669.7501.0160.1640.5520 16068 03/12/2025 AQUATIC CENTER NEW LIGHT BULBS 270.11

01.0140.1410.5204 16069 03/12/2025 FEB'25 PC MEETING 150.0001.0130.1330.5406 16070 03/12/2025 RHOMBUS ACCESS CONTROL PANEL & READER

INSTALL
3,516.11

01.0160.1650.5520 16068 03/12/2025 WALL LIGHTS FOR NTP 264.5601.0160.1670.5520 16068 03/12/2025 LED LIGHTING REPAIR/ MVD 320.1001.0160.1670.5520 16068 03/12/2025 MVD LIGHTS REPAIRS 35.5701.0140.1410.5204 16066 03/12/2025 FEB'25 PC MEETING 150.0038.0900.9000.5215 16067 03/12/2025 FY24-25 PECK RD TRAF SIGNAL SYSCHRONIZATION 86,200.0046.0460.4610.5215 16067 03/12/2025 FY 24-25 SEWER SVCS 505.0001.0170.1475.5215 16064 03/12/2025 DEC'24 - IW PROGRAM SVCS 7,123.25

70.0900.9020.5215 16064 03/12/2025 DEC'24 - NPDES PRGM SVCS 5,176.00

01.0151.1541.5215 16065 03/12/2025 2/12/25 BBALL OFFICIAL SVCS 105.0037.0670.6720.5977 16061 03/12/2025 STREET SIGNAGE 681.7901.0140.1410.5204 16062 03/12/2025 FEB'25 PC MEETING 150.0001.0160.1650.5520 16063 03/12/2025 NTP IRRIG IMPROVEMENTS 531.6101.0151.1541.5215 16060 03/12/2025 2/1/25 BBALL OFFICIAL SVCS 140.00

37.0670.6720.5977 16061 03/12/2025 REFLECTIVE TAPE FOR SIGNS 372.5901.0170.1020.5956 16061 03/12/2025 PPE ORNAGE VESTS 1,522.9901.0100.1050.5406 16057 03/12/2025 1/15/25 POSTAGE REIMBURSEMENT 9.6801.0120.1210.5914 16058 03/12/2025 IIMC ANNUAL MEMBERSHIP FEE 135.00

01.0140.1410.5204 16059 03/12/2025 FEB'25 PC MEETING 150.0006.0300.3020.5215 16056 03/12/2025 2/10-2/14/25 MEALS/ CII NUTR PRGM 605.0006.0300.3010.5215 16056 03/12/2025 2/18-2/21/25 MEALS/ CI NUTR PRGM 4,801.2506.0300.3020.5215 16056 03/12/2025 2/18-2/21/25 MEALS/ CII NUTR PRGM 484.0001.0160.1640.5425 16054 03/12/2025 3/3/25 CHEMICAL DELIVERY 471.2501.0150.1530.5952 16055 03/12/2025 3/26/25 DJ/ SPRING SOCIAL DANCE 350.00

06.0300.3010.5215 16056 03/12/2025 2/10-2/14/25 MEALS/ CI NUTR PRGM 6,526.2537.0670.6720.5977 16053 03/12/2025 WEEDER FOR ST MEDIANS 15.3801.0160.1630.5520 16053 03/12/2025 ELEC REPAIRS/ MCTR 24.1801.0160.1640.5425 16054 03/12/2025 2/26/25 CHEMICAL DELIVERY 1,057.9701.0160.1620.5520 16053 03/12/2025 REPAIR SUPP/ SCTR 62.7401.0160.1650.5520 16053 03/12/2025 IRRIG SUPP/ NTP 18.6701.0170.1020.5956 16053 03/12/2025 RUBBER BOOTS - CONCRETE 25.29

NAOMI LOPEZ
NAPA AUTO PARTSNAPA AUTO PARTSNEW SIGN SOLUTION, INC.NEW SIGN SOLUTION, INC.NEW SIGN SOLUTION, INC.NICHOLS LUMBER & HARDWARE CONORMA RODRIGUEZ ORTIZNYDIA ROMEROOFFICE DEPOTOFFICE DEPOTPACIFIC PRODUCTS AND SERVICES LLCPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSQUADIENT LEASING USA, INC.QUENCH USA, INC.QUENCH USA, INC.REYNALDO DE LA TORRERO REYESROBERT AGUIRREROBERT AGUIRRESAKAIDA NURSERYSAN GABRIEL VALLEY TRIBUNESAN GABRIEL VALLEY TRIBUNESAUL GUARDADOSGV CITY MANAGERS' ASSOCIATIONSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSPRAGUES READY MIX

01.0170.1760.5540 16095 03/12/2025 SAND FOR FIRE DEPT RAIN 135.01

01.0160.1650.5520 16095 03/12/2025 CONCRETE REPAIR/ NTP 64.3337.0670.6720.5977 16096 03/12/2025 ARDON ADA RAMP CONCRETE 1,135.3001.0170.1750.5520 16095 03/12/2025 DOG PARK GRANITE 50.0001.0170.1760.5540 16095 03/12/2025 SAND FOR FIRE STATION 135.0137.0670.6720.5977 16095 03/12/2025 TOOLS FOR ST BEAUTIFCATION 614.97

01.0170.1020.5956 16095 03/12/2025 PPE SUN SHADE 15.1601.0170.1750.5520 16095 03/12/2025 MERCED DOG PARK SUPP 199.9901.0170.1750.5520 16095 03/12/2025 DOG PARK GRANITE 199.4037.0670.6720.5977 16095 03/12/2025 SRUB BRUSH FOR STREET SIGNS 7.7737.0670.6720.5977 16095 03/12/2025 1516 ADSON PL ADA RAMP SUPP 131.8637.0670.6720.5977 16095 03/12/2025 ADSON PL. ADA RAMP SUPP 62.5101.0100.1020.5910 16094 03/12/2025 MAR'25 SGVCMA MEETING REGISTRATION 40.00

01.0120.1210.5919 16092 03/12/2025 2/27/25 NOTICE/ ORDINANCE 1280 BEFORE 237.49

01.0120.1210.5919 16092 03/12/2025 3/10/25 NOTICE/ ORDINANCE 1280 AFTER 223.23

01.0151.1541.5215 16093 03/12/2025 2/27/25 BBALL OFFICIAL SVCS 105.0001.0151.1541.5215 16090 03/12/2025 2/26/25 BBALL OFFICIAL SVCS 105.0001.0151.1541.5215 16090 03/12/2025 2/27/25 BBALL OFFICIAL SVCS 105.0001.0170.1750.5520 16091 03/12/2025 BRUIN & CORTATA 2,601.9001.0160.1620.5520 16087 03/12/2025 MAR'25 WATER FILTER/ SCTR 57.9501.0151.1541.5215 16088 03/12/2025 2/25/25 BBALL OFFICIAL SVCS 122.5001.0151.1541.5215 16089 03/12/2025 2/26/25 BBALL OFFICIAL SVCS 105.0001.0170.1720.5520 16085 03/12/2025 APR'25 ALARM SVCS/ YARD 161.4601.0130.1330.5950 16086 03/12/2025 3/21-6/20/25 QUARTERLY LEASE 438.6201.0100.1020.5405 16087 03/12/2025 MAR'25 WATER FILTER/ CHALL 133.84

01.0160.1670.5520 16085 03/12/2025 APR'25 ALARM SVCS/ MVD 107.4001.0170.1710.5520 16085 03/12/2025 APR'25 ALARM SVCS/ PSO 101.5801.0170.1710.5520 16085 03/12/2025 APR'25 ALARM SVCS/ CHALL 137.7601.0160.1630.5520 16085 03/12/2025 APR'25 ALARM SVCS/ MCTR 51.6101.0160.1640.5520 16085 03/12/2025 APR'25 ALARM SVCS/ POOLS 51.6101.0160.1650.5520 16085 03/12/2025 APR'25 ALARM SVCS/ NTP 107.4001.0160.1620.5520 16085 03/12/2025 ALARM REPAIR SCTR 228.2201.0160.1610.5520 16085 03/12/2025 APR'25 ALARM SVCS/ CCTR 51.6101.0160.1620.5520 16085 03/12/2025 APR'25 ALARM SVCS/ SCTR 51.6137.0670.6720.5977 16083 03/12/2025 CERAMIC MARKERS FOR LOMA 605.2701.0170.7020.5215 16084 03/12/2025 JAN'25 - ADMIN CITE SVCS 678.9301.0170.1100.5215 16084 03/12/2025 JAN'25 - PARKING CITE SVCS 4,478.99

01.0150.1515.5204 16081 03/12/2025 FEB'25 PC MEETING 100.0001.0150.1530.5406 16082 03/12/2025 OFFICE SUPPLIES 83.5744.0800.8010.5406 16082 03/12/2025 OFFICE SUPPLIES 128.5601.0170.1710.5520 16078 03/12/2025 RESERVE PARKING SIGN STENCIL 310.9037.0670.6720.5977 16079 03/12/2025 1516 ADSON PL ADA RAMP SUPP 131.56

01.0150.1530.5430 16080 03/12/2025 FEB'25 FOLKORICO DANCE LESSONS 280.00

01.0170.1770.5525 16077 03/12/2025 #17 OIL/FILTER/AIR SVCS 82.1901.0160.1650.5520 16078 03/12/2025 20 MIN PARK CITY VEHICLES ONLY 409.46

44.0800.8010.5525 16078 03/12/2025 20 MIN PARK CITY VEHICLES ONLY 108.71

01.0150.1515.5204 16076 03/12/2025 FEB'25 PC MEETING 100.0001.0170.1770.5525 16077 03/12/2025 TOOLS FOR GARAGE 811.79

SRS AUTOMOTIVE
SUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERKLEEN CARWASH, INC.SUPERKLEEN CARWASH, INC.TEMPLE CITY LAWNMOWER, INCTEMPLE CITY LAWNMOWER, INCTEMPLE CITY LAWNMOWER, INCTEMPLE CITY LAWNMOWER, INCTHE SAUCE CREATIVE SERVICES CORP.TOWNSEND PUBLIC AFFAIRSTRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.ULINEULINEULINEULINEULINEULINEULINEULINEULINEULINEULINEUNISHIELDUNISHIELDVICTOR MONTIELVICTOR MONTIELVIEN HOVIEN HOWATER CHEMISTS,DIV. OF CCI CHEMICALWAXIE SANITARY SUPPLYWEST COAST ARBORISTS, INCWEST COAST ARBORISTS, INCWEST COAST ARBORISTS, INCWHITTIER FERTILIZERWHITTIER FERTILIZERWILLIAM DOWNINGBERTHA HERNANDEZCRISTINA PARDOEDUARDO HERNANDEZGEORGE LOPEZ

01.0150.1540.5910 16115 03/12/2025 MAR'25 CPRS CONFERENCE/ PER DIEM 488.00

01.0100.1050.5938 16116 03/12/2025 SPRING 2025 EDUCATION REIMB 1,437.0001.0000.0000.4554 16112 03/12/2025 2/22/25 MVD CR DMG DEP RFND 50.0001.0150.1530.5910 16113 03/12/2025 MAR'25 CPRS CONFERENCE/ PER DIEM 488.00

01.0150.1540.5910 16114 03/12/2025 MAR'25 CPRS CONFERNCE/ PER DIEM 488.0001.0170.1750.5215 16110 03/12/2025 2/1-2/15 STREET TREE MTNC 3,554.0001.0160.1650.5520 16111 03/12/2025 REPAIR OF NTP GRASS 64.5001.0160.1650.5520 16111 03/12/2025 PREP GRASS/ NTP 187.4301.0170.1740.5435 16109 03/12/2025 BIG BELLY PURCHASE 280.0001.0170.1750.5215 16110 03/12/2025 1/1-1/15/25 STREET TREE MTNC 6,126.00

01.0170.1750.5215 16110 03/12/2025 2/1-2/15/25 CIVIC CENTER TREE MTNC 15,419.00

01.0151.1541.5215 16107 03/12/2025 2/12/25 BBALL OFFICIAL SVCS 105.0001.0151.1541.5215 16107 03/12/2025 2/13/25 BBALL OFFICIAL SVCS 105.0001.0170.1710.5520 16108 03/12/2025 FEB'25 H2O TREATMENT 425.0001.0100.1050.5934 16106 03/12/2025 2/3/25 FINGERPRINT REIMBURSEMENT 67.00

01.0150.1515.5204 16106 03/12/2025 FEB'25 PC MEETING 100.0001.0170.1720.5520 16105 03/12/2025 3/5 FIRST AID SUPP/ YARD 159.3601.0160.1620.5420 16105 03/12/2025 3/5 FIRST-AID SUPP 386.5301.0170.1710.5520 16104 03/12/2025 RAIN MATS 392.3801.0170.1720.5520 16104 03/12/2025 RAIN MATS 392.3801.0170.1740.5435 16104 03/12/2025 JANITORIAL SUPPLES 710.8801.0160.1610.5520 16104 03/12/2025 RAIN MATS 392.3801.0160.1620.5520 16104 03/12/2025 RAIN MATS 392.3801.0160.1620.5520 16104 03/12/2025 FOLDING TABLES 618.8801.0160.1620.5520 16104 03/12/2025 RAIN MATS 180.1601.0170.1710.5520 16104 03/12/2025 RAIN MATS 180.1601.0170.1720.5520 16104 03/12/2025 RAIN MATS 180.1601.0140.1430.5215 16103 03/12/2025 JAN'25 - COA 9529 GARVEY AVE 340.0001.0160.1610.5520 16104 03/12/2025 DRI DESICANTS INV BAGS 143.9101.0160.1610.5520 16104 03/12/2025 RAIN MATS 180.1701.0100.1040.5921 16101 03/12/2025 MAR'25 NEWSLETTER 6,298.3601.0100.1020.5215 16102 03/12/2025 MARCH'25 CONSULTING SERVICES 6,750.00

01.0140.1440.5215 16103 03/12/2025 JAN'25 - BLDG PLAN CHECK SVCS 19,060.7201.0170.1750.5505 16100 03/12/2025 CHAINSAW CLUTCH 33.8401.0170.1750.5505 16100 03/12/2025 PUSH MOWER LEVER REPLACED 56.6801.0170.1750.5505 16100 03/12/2025 ECHO BLOWER THROTTLE ASSEMBLY 78.1601.0170.1770.5525 16099 03/12/2025 JAN'25 CAR WASH 47.9844.0800.8010.5525 16099 03/12/2025 JAN'25 CAR WASH 139.9501.0170.1750.5505 16100 03/12/2025 MOWER TRANSMISSION/BLADES/ENGINE OIL 103.24

06.0300.3020.5430 16098 03/12/2025 FOOD ITEMS FOR CII NUTRITION PROGRAM 5.9806.0300.3010.5430 16098 03/12/2025 FOOD ITEMS/ CI NUTRITION PROGRAM 63.23

06.0300.3020.5430 16098 03/12/2025 FOOD ITEMS/ CII NUTRITION PROGRAM 7.0206.0300.3010.5430 16098 03/12/2025 FOOD ITEMS/ CI NUTRITION PROGRAM 84.3306.0300.3010.5430 16098 03/12/2025 FOOD ITEMS/ CII NUTRITION PROGRAM 9.3606.0300.3010.5430 16098 03/12/2025 FOOD ITEMS/ CI NUTRITION PROGRAM 53.8744.0800.8010.5525 16097 03/12/2025 T-STAT HOUSING 229.3406.0300.3010.5430 16098 03/12/2025 FOOD ITEMS/ CI NUTR PRGM 17.9606.0300.3020.5430 16098 03/12/2025 FOOD ITEMS/ CII NUTR PRGM 1.99

NICOLE VALDEZ
RYAN MONTEJANOVERONICA PEREZCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLCEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESSECTRAN SECURITY INC.SOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISON

01.0000.0000.2225 DFT0002643 03/03/2025 FEB'25 INSURANCE 994.56 AFLAC WORLDWIDE HEADQUARTERS

01.0170.1730.5710 DFT0002640 02/26/2025 1/14-2/12/25 1556 CENTRAL AVE 2,287.10

01.0170.1730.5710 DFT0002641 02/26/2025 1/14-2/12/25 1415 SANTA ANITA AVE 2,695.1601.0170.1730.5710 DFT0002642 02/26/2025 1/14-2/12/25 1530 CENTRAL AVE 2,206.31

01.0170.1760.5545 DFT0002637 02/26/2025 SUPPLIES FOR GRAFFITI REMOVAL 188.6901.0130.1310.5280 DFT0002638 02/27/2025 FEB'24 ARMORED SVCS 213.0601.0170.1730.5710 DFT0002639 02/26/2025 1/14-2/12/25 1824 CENTRAL AVE 1,364.74

01.0160.1670.5520 DFT0002637 02/26/2025 PLANT MATERIAL 494.1601.0170.1710.5520 DFT0002637 02/26/2025 SUPPLIES TO PAINT RESTROOM 107.7901.0170.1710.5520 DFT0002637 02/26/2025 PLANTS FOR CITY HALL 335.2401.0160.1650.5520 DFT0002637 02/26/2025 SUPPLIES FOR BASEBALL FIELD NTP 47.9601.0160.1670.5520 DFT0002637 02/26/2025 PLANTS FOR SENIOR CENTER 59.4001.0160.1670.5520 DFT0002637 02/26/2025 PLANTS FOR CITY HALL 191.2701.0160.1650.5520 DFT0002637 02/26/2025 SUPPLIES FOR BASEBALL FIELD NTP 93.1201.0160.1650.5520 DFT0002637 02/26/2025 SUPPLIES FOR BASEBALL FIELD NTP 100.3301.0160.1650.5520 DFT0002637 02/26/2025 SUPPLIES FOR BASEBALL FIELD NTP 57.8801.0160.1620.5520 DFT0002637 02/26/2025 SENIOR CENTER TV PROJECT 301.7501.0160.1640.5425 DFT0002637 02/26/2025 SUPPLIES FOR POOL 165.1501.0160.1650.5520 DFT0002637 02/26/2025 SUPPLIES FOR BASEBALL FIELD NTP 74.6201.0160.1620.5520 DFT0002637 02/26/2025 SUPPLIES TO WATERPROOF WALL 235.4901.0000.0000.2270 DFT0002636 02/21/2025 CASE 200000002135289 780.5001.0000.0000.2270 DFT0002636 02/21/2025 CASE 0980438 150.0001.0160.1620.5520 DFT0002637 02/26/2025 SENIOR CENTER TV PROJECT 279.8401.0000.0000.2355 DFT0002635 02/24/2025 EMPLOYEE LOAN REPAYMENT 1,559.44

01.0000.0000.2270 DFT0002636 02/21/2025 CASE 200000002163990 359.0001.0000.0000.2270 DFT0002636 02/21/2025 CASE 1457313 402.5001.0000.0000.2230 DFT0002635 02/24/2025 EMPLOYEE BEFORE TAX 2,740.00

01.0000.0000.2230 DFT0002635 02/24/2025 EMPLOYER MATCH 4,078.7501.0000.0000.2235 DFT0002635 02/24/2025 EMPLOYEE AFTER TAX 600.0001.0000.0000.2030 DFT0002633 02/21/2025 PPE 2/15/25 UI TAX WTHD'G 1,051.5101.0000.0000.2210 DFT0002633 02/21/2025 PPE 2/15/25 STATE WTHD'G 7,736.2401.0000.0000.2210 DFT0002634 02/21/2025 PPE 2/15/25 STATE WTHD'G 12.1001.0000.0000.2215 DFT0002632 02/21/2025 PPE 2/15/25 RETRO MEDICARE 64.72

01.0000.0000.2215 DFT0002632 02/21/2025 PPE 2/15/25 RETRO FICA 276.6601.0000.0000.2030 DFT0002633 02/21/2025 PPE 2/15/25 TNG TAX WTHD'G 52.56

01.0000.0000.2215 DFT0002631 02/21/2025 PPE 2/15/25 FICA 30,070.2001.0000.0000.2215 DFT0002631 02/21/2025 PPE 2/15/25 MEDICARE 7,032.52

01.0000.0000.2205 DFT0002632 02/21/2025 PPE 2/15/25 RETRO FEDERAL 77.69

01.0000.0000.2020 DFT0002630 02/20/2025 RATE PLAN 685 9,643.8501.0000.0000.2020 DFT0002630 02/20/2025 RATE PLAN 23047 3,194.4501.0000.0000.2205 DFT0002631 02/21/2025 PPE 2/15/25 FEDERAL 21,016.04

01.0000.0000.2020 DFT0002629 02/21/2025 RATE PLAN 27216 185.5001.0000.0000.2020 DFT0002629 02/21/2025 RATE PLAN 685 183.2901.0000.0000.2020 DFT0002630 02/20/2025 RATE PLAN 27216 20,791.2801.0150.1540.5910 16118 03/12/2025 MAR'25 CPRS CONFERENCE/ PER DIEM 488.00

01.0000.0000.1999 16119 03/12/2025 DEDUCTION REIMBURSEMENT 266.4501.0000.0000.2020 DFT0002628 02/20/2025 RATE PLAN 27216 584.6401.0150.1530.5910 16117 03/12/2025 MAR'25 CPRS CONFERENCE/ PER DIEM 488.00

CALPERS
CALPERSCALPERSCALPERSDELTA DENTAL OF CALIFORNIAQUADIENT LEASING USA, INC.SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERVISION SERVICE PLANWALMART COMMUNITY/GECRBWASHINGTON NATIONAL INSURANCE COXEROX CORPORATIONXEROX CORPORATIONSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONCHARTER COMMUNICATIONS HOLDINGS, LLCCHARTER COMMUNICATIONS HOLDINGS, LLCSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GAS

01.0170.1730.5720 DFT0002658 03/11/2025 1/21-2/18/25 2218 ROSEMEAD BLVD 141.13

01.0170.1730.5705 DFT0002659 03/11/2025 1/30-3/3/25 1415 SANTA ANITA AVE 1,582.8301.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1652 TYLER AVE 158.03

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 N/E MERCED SANTA ANITA 152.4001.0170.1730.5720 DFT0002657 03/11/2025 1/21-2/18/25 2004 ROSEMEAD BLVD 24.6401.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 N LERMA/ MILLET 245.3801.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1819 N CENTRAL AVE 346.7401.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1900 CENTRAL AVE 164.07

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1824 CENTRAL AVE 752.20

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1500 N CENTRAL AVE 7,070.5601.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 2022 N CENTRAL AVE 113.3801.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1530 CENTRAL AVE 318.59

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1415 SANTA ANITA AVE 386.1601.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1556 CENTRAL AVE 442.48

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 10452 RUSH ST 73.96

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 MERCED N/W SANTA ANITA 78.61

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1819 N MERCED AVE 113.38

01.0130.1330.5215 DFT0002655 03/11/2025 MAR'25 CABLE & INTERNET SVCS 110.18

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 1707 N MERCED AVE 24.64

01.0170.1730.5720 DFT0002656 03/11/2025 1/17-2/14/25 2000 SANTA ANITA AVE 68.3301.0170.1730.5710 DFT0002653 02/05/2025 12/19/24-1/20/25 9465 GARVEY AVE 4.56

01.0170.1730.5710 DFT0002654 03/05/2025 1/9-2/6/25 1459 SANTA ANITA AVE 400.4001.0130.1330.5215 DFT0002655 03/11/2025 FEB'25 CABLE & INTERNET SVCS 91.2301.0170.1730.5720 DFT0002652 03/05/2025 1/15-2/12/25 1903 DURFEE AVE 141.1301.0170.1730.5720 DFT0002652 03/05/2025 1/15-2/12/25 11016 GOMEZ PALACIO DR 24.64

01.0170.1730.5720 DFT0002652 03/05/2025 1/15-2/12/25 1926 DURFEE AVE 301.7001.0170.1730.5720 DFT0002652 03/05/2025 1/15-2/12/25 2018 DURFEE AVE 256.6301.0000.0000.2224 DFT0002650 02/28/2025 FEB'25 SUPPLEMENTAL LIFE INSURANCE 2,148.8001.0130.1330.5950 DFT0002651 03/03/2025 1/30-2/27/25 COPIER LEASE 282.63

01.0130.1330.5950 DFT0002651 03/03/2025 1/30-2/27/25 COPIER LEASE 1,847.6801.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1109 PECK ROAD 228.4801.0000.0000.2255 DFT0002648 02/28/2025 MAR'25 VISION INSURANCE 910.0001.0150.1530.5952 DFT0002649 03/04/2025 CHINESE NEW YEAR LUNCHEON CENTER PIECES 117.59

01.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1628 DURFEE AVE 290.4301.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 FARNDON-PECK 73.96

01.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1660 DURFEE AVE 141.1301.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1502 PECK ROAD 380.5301.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1508 PECK ROAD 301.7001.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 THIENES/ PARKWAY 26.6001.0100.1020.5916 DFT0002646 03/03/2025 1/13-2/6//25 POSTAGE CHARGES 2,267.6801.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1710 DURFEE AVE 239.7501.0170.1730.5720 DFT0002647 03/04/2025 1/14-2/11/25 1222 PECK ROAD 391.7901.0100.1050.5941 DFT0002644 02/28/2025 MAR'25 ADMIN FEE/ ACTIVE 252.7501.0100.1050.5945 DFT0002644 02/28/2025 MAR'25 EMPLOYER SHARE/ RETIRED 1,264.0001.0000.0000.2260 DFT0002645 02/28/2025 MAR'25 DENTAL INSURANCE 7,058.75

01.0000.0000.2250 DFT0002644 02/28/2025 MAR'25 ACTIVE EMPLOYEE 105,313.99

01.0100.1050.5941 DFT0002644 02/28/2025 MAR'25 ADMIN FEE/ RETIRED 17.08

SOUTHERN CALIFORNIA EDISON

SPARKLETTSSPARKLETTS
Grand Total

01.0170.1100.5406 DFT0002661 03/11/2025 FEB'25 WATER SVCS 35.3201.0170.7020.5406 DFT0002661 03/11/2025 FEB'25 WATER SVCS 35.32 $ 824,396.34

01.0170.1730.5710 DFT0002660 03/10/2025 1/21-2/19/25 9465 GARVEY AVE 23.70

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-026, APPROVING AMENDMENT NO. 1 TO RENEW AND

EXTEND THE AGREEMENT BETWEEN THE CITY OF SOUTH

EL MONTE AND THE SAUCE CREATIVE SERVICES FOR
NEWSLETTER PUBLISHING SERVICES FOR THREE (3)
ADDITIONAL ONE (1) YEAR TERMS
SUMMARY: The City of South El Monte ("City") provides a monthly newsletter, the South El Monte News, that informs residents of upcoming events, programs, projects, and policies of city government. The City entered into a Professional Services Agreement ("Agreement") with The Sauce Creative Services for newsletter publishing services, which expires on April 25, 2025. Amendment No. 1 will renew and extend the Agreement for three (3) additional one (1) year terms.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 25-026, approving Amendment No. 1 renewing and extending the current agreement between the City and The Sauce Creative Services for three (3) additional one (1) year terms; and

2. Authorize the City Manager or designer to execute the agreement.

FISCAL/FINANCIAL IMPACT: The City will allocate $76,000.00 for Fiscal Year 2025- 2026 under the City's Community Promotion division.

DISCUSSION: On April 25, 2023, the City Council approved Resolution No. 23-33, entering into a Professional Services Agreement with The Sauce Creative Services for newsletter publishing services. The City provides a monthly newsletter that informs residents of upcoming events, programs, projects, and policies of city government.

The Sauce Creative Services provides materials, graphics, layouts, and image resolution quality that meet the City's need for services. The Sauce Creative Services's professionalism and current working relationship with the City will ensure that over 9,000

newsletters are delivered to residents of South El Monte on a monthly basis.

The existing agreement with The Sauce Creative Services is for a two-year term, from April 25, 2023 to April 25, 2025 with the option to extend up to three (3) additional one (1) year terms effective April 25, 2025 to April 25, 2028.

Staff report prepared by Nancy Rodriguez, Community Services Analyst.

ATTACHMENT(S):

A. Resolution No. 25-026
B. Amendment No. 1
C. The Sauce Creative Services Agreement

ATTACHMENT A
RESOLUTION NO. 25-026

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

THE AGREEMENT BETWEEN THE CITY OF SOUTH EL

MONTE AND THE SAUCE CREATIVE SERVICES FOR

NEWSLETTER PUBLISHING SERVICES
WHEREAS, the City of South El Monte (“City”) provides a monthly newsletter to residents to inform the public of upcoming events, programs, issues, and policies of city government; and
WHEREAS, on April 25, 2023, the City Council approved a Professional Services Agreement (“Agreement”) between the City and The Sauce Creative Services. The total not to exceed amount was $151,200 for a term of two (2) years with the option to extend for three (3) additional one (1) year terms; and
WHEREAS, the City wishes to execute its option to renew and extend the Agreement and exercise the three (3) additional one (1) year terms; and WHEREAS, the Agreement contract sum for the renewal and extension to exercise the first additional one (1) year term is not to exceed $76,000.00 for fiscal year 2025-2026; and WHEREAS, the City and The Sauce Creative Services determined that an amendment (“Amendment No. 1”) to the Agreement is necessary to extend the term of the Agreement for three (3) additional one (1) year terms until April 25, 2028.

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

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

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute and effectuate Amendment No. 1 to the Agreement.

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

PASSED, APPROVED AND ADOPTED this 18th day of March, 2025.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-026 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 18th day of March 2025, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
________________________________
Adrian Garcia, MMC, City Clerk

ATTACHMENT B
AMENDMENT NO. 1

FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND THE SAUCE CREATIVE SERVICES.

THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment") by and between the CITY OF SOUTH EL MONTE ("City") and THE SAUCE CREATIVE SERVICES, a California corporation ("Consultant"; collectively with City, the "Parties") is effective as of the 18th day of March 2025.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated April 25, 2023 (“Agreement”) whereby Consultant agreed to provide Newsletter Publishing Services.

B. The Agreement is set to expire on April 25, 2025.

C. City and Consultant now desire to amend the Agreement for three (3) additional one (1) year terms and contract sum for the renewal and extension to exercise the first additional one (1) year term is not to exceed $76,000.00 for fiscal year 2025-2026.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. a. Section 2.1, “Contract Sum”, shall be amended as follows:
“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 Seventy-Six Thousand Dollars ($76,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.” b. Section 3.4, “Term”, shall be amended as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until April 25, 2026, except as otherwise provided in the Schedule of Performance (Exhibit “D”.) [The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.]”

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect from and after

the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

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

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

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

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

7. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

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:
_________________________________
Adrian Garcia, City Clerk
APPROVED AS TO FORM:

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
_________________________________
Susie Altamirano, Interim City Attorney
CONSULTANT:

The Sauce Creative Services Corp.,
a California corporation
By: ________________________________
Name: ______________________________
Title: _______________________________
2600 S. California Avenue Unit C
Monrovia, CA 91016

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
THE SAUCE CREATIVE SERVICES CORP.
01257,001/ 8753672

ATTACHMENT C

01257.0001/875367. 2 1

AGREEMENT FOR NEWSLETTER PUBLISHING SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
THE SAUCE CREATIVE SERVICES CORP.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “ Agreement”) is made and entered into this 25th day of April, 2023 by and between the CITY OF SOUTH EL MONTE, a California municipal corporation (“ City”) and THE SAUCE CREATIVE SERVICES CORP.,a California corporation (“ Consultant”). City and Consultant may be referred to, individually or collectively, as “ Party” or “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the 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

professional standards" shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1. 2 Consultant' sProposal.

The Scope of Services shall include the Consultant' sscope 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' srisk 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.
01257.001/ 875367. 2 2

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 One Hundred Fifty -One Thousand, Two Hundred Dollars 151, 200. 0) (the " Contract Sum"), unless additional compensation is approved pursuant to Section 1. 8.
01257.001/ 875367. 2 3

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' srates 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 ofthe 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-ive (45) days of receipt of Consultant' scorrect 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.
01257.0011875367, 2 4

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

ARTICLE 3. PERFORMANCE SCHEDULE

3. 1 Time of Essence.

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

3. 2 Schedule of Performance.

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

3. Force Maieure.

The time period( s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including the City, if the Consultant 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 ofthe 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' ssole 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 two ( 2) years from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit D"). [ The City may, in its sole discretion, extend the Term for three ( 3) additional one- year terms.] ARTICLE 4. COORDINATION OF WORK

4. 1 Representatives and Personnel of Consultant.

The following principals of Consultant (" Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
01257.001/ 875367. 2 5

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' sstaff 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' sofficers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant' sofficers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' semployees. Consultant expressly waives any claim Consultant may have to any such rights.

4. 3 Contract Officer.

The Contract Officer shall be Rene Salas, the City Manager or such person as may be designated by the City Manager. It shall be the Consultant' sresponsibility 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.
01257.0011875367 .2 6

4. Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant' s
employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a
joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W- 2to 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 (" CaIPERS") 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.
01257.001/ 875367. 2 7

Without limiting Consultant' sindemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 2, 000,00 per occurrence, $ 4, 000,00general 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, 000,00combined 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, 000,00 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' sLiability Insurance ( with limits of at least $ 1, 000,0).
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 01257.041/ 875367. 2 8

arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
c) Primary/ noncontributing. Coverage provided by Consultant shall be primary and any insurance or self- insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and 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.
01257.001/ 875367. 2 9

i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage. j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/ umbrella liability policies.
k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant' sinsurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer' slimits 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' sright 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
compensation.
additional cost to the Consultant, the City and Consultant may renegotiate Consultant' s 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' sperformance 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.
01257.0011875367. 2 10

a) To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (" Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened ( herein " claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (" indemnitors"), or arising from Consultant' s or indemnitors' reckless or willful misconduct, or arising from Consultant' sor indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
b) 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;
c) 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;
d) 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. e) 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' ssole 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.
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Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ( the " books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three ( 3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant' sbusiness, custody ofthe books and records may be given to City, and access shall be provided by Consultant' ssuccessor 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 ofuncompleted documents without specific written authorization by the Consultant will be at the City' ssole risk and without liability to Consultant, and Consultant' sguarantee 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 01257.0011875367. 2 12

works made for hire" as defined in 17 U. S. C. § 101, such documents and materials are hereby deemed " works made for hire" for the City.

6. 4 Confidentiality and Release of Information.
a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.
c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney' sfees, caused by or incurred as a result of Consultant' sconduct. 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.
01257.0011875367. 2 13

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

This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant' sdefault shall not be deemed to result in a waiver of the City' slegal 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.
01257.001/ 875367. 2 14

7. 6 Legal Action.

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

7. 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 ofthis 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 01257.001/ 8' 75367. 2 15

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.

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' sfees shall include attorney' sfees on any appeal, and in addition a party entitled to attorney' sfees 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' sperformance 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/is 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.
01257.001/ 875367. 2 16

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

8. 4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9. 1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first- class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer ( with her/is 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 01257.0011875357. 2 17

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 he waived and that any attempted waiver shall he void.

9. 5 Sev erahility .

In the event that any one or more ofthe 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 \ V arrant & Representation of Non -Collusion.

No official, officer, or employee ofCity 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/er 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 vtirarrants 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) helit 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' sAuthorized 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 hound. This Agreement shall be binding upon the heirs, executors, administrators. successors and assigns of the parties. 01257.001; 875367 2 18

SIGNATURES ON FOLLOWING PAGE]
01257.001/ 875367. 2 19

Type text here

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

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 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/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf ofwhich the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE( S)
PARTNER( S) El LIMITED

GENERAL

ATTORNEY - IN -FACT

TRUSTEE( S)

GUARDIAN/ CONSERVATOR
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
01257.0011875367. 2

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

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 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/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE( S)

PARTNER( S) LIMITED

GENERAL

ATTORNEY - IN -FACT
SIGNER IS REPRESENTING:

NAME OF PERSON( S) OR ENTITY( IES))

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER( S) OTHER THAN NAMED ABOVE
01257.001/ 875367. 2

EXHIBIT " A"

SCOPE OF SERVICES
Consultant will perform the following Services:

A. A. Consultant will publish a high resolution, full color 11" x17", twelve ( 12) page, folded newsletter. A high -resolution color digital version of the newsletter must also be provided to the City. The City requires 9, 600 copies to be printed monthly.
a. The City will provide Consultant with written content for the newsletter, including but not limited to advertisements, local news and events, and information from local government entities.
b. Consultant will provide format assistance, artwork, design, layout, half tones and output.

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

A. Contractor shall be responsible for distributing the publication to residents in the City through the United States Postal Services using the " Carrier Route Walk Sequence Saturation" services and provide additional copies to the City for counter distribution. Prior to distribution and printing, the City Manager or his/er designee must approve the newsletter in writing. =fete newsletter must be r ed by
otherwise agree in writing. The newsletter must be posted via USPS mail to residents at least two days before the first Saturday of each month, in order to be received by residents by the first Saturday of each month, unless the Consultant and City otherwise agree in writing.

B. Consultant shall provide additional copies of the printed newsletter to the City for counter distribution before the first Saturday of every month.

C. Consultant shall provide a high -resolution color digital version of the newsletter to the City for online publishing before the first Saturday of every month.

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. Status reports at the request of the City.
a. Status reports should include the current status of any newsletters currently in progress and the projected completion date of each phase of the 01257.0011875367. 2 A- 1

newsletter, including: first proof sent to City, deadline for Consultant to respond to City comments/ edits of first proof, final proof sent to City, deadline for Consultant to respond to City comments/ edits of final proof, date of final proof sent to printer, date of printed brochures delivered to USPS and City Hall, date of digital version of newsletter sent to City.

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.

A. City must approve final proof of newsletter at least 6 business days before printed brochures must be delivered to post office.

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

A. Personnel selected by the Consultant
01257.0011875367. 2 A- 2

EXHIBIT " B"

SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in Etrikethrough and added text in bold italics.

IN 1ENTIONALLY LEFT BLANK]
01257.001/ 875367. 2 B- 1

EXHIBIT " C"

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

RATE TIME
A. Work with City $ 6, 300 per issue Monthly
staff to Design,
Print. Mail
Monthly City
Newsletter
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. 012571) 001/ 875367. 2 C- 1

EXHIBIT " D"

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

Days to Perform
A. First Proof
to
Consultant
B. First Proof 1 calendar week
to City
C. Multiple
Proofings
1- 2 business days
Deadline Date
Newsletter information will
be emailed to Consultant by
City no later than 15
business days before final
proof is scheduled to print.

First proof will be sent by
Consultant to City no later
than 10 business days
before final proof is
scheduled to print.

Turnaround time between
City' sfirst proof to
First
Consultant and Consultant' s
proofto City will be
no more than 5 business
days.

City staff will provide any
comments or suggested
edits to Consultant within
one business day of
receiving first proof;
Consultant will respond to
City comments and edits
within one business day of
receiving them.

D. Final Proof 2- 3 business days Consultant shall send City final proof of newsletter no
later than one business day
after responding to City
comments and edits to first
proof. City will either
confirm final proof or make
further comments and edits
Exemplar Schedule: June
2023 Edition
First proof of newsletter
information sent to
Consultant by City on
May 1.

First proof sent to City by
Consultant on May 9.

City provides comments
and edits to first proof no
later than May 10.

Consultant responds to
City comments no later
than May 11, making
suggestions, explaining
limitations, and/ or
incorporating City edits.

Consultant sends final
proof of newsletter,
incorporating revisions,
to City on May 15. City
confirms final proof of
newsletter on May 18.
01257.001/ 875367. 2 D- 1

within one business day of
receiving final proof;
Consultant shall respond
within one business day to
further comments. City
shall approve final proof no
later than 6 business days
before final proof is
scheduled to print.

E.

F.

G.

Consultant
Will Send
Final Proof
to Printer,
Oversee
Printing
Consultant
Will
Deliver
Newsletters
to Post
Office and
to City
Hall
Official
Publication
of Monthly
Newsletter
5-7 business days Consultant shall send final
proof to printer for printing
no later than 5 business
days before brochures
allocated for mail delivery
must be delivered to post
office.

Consultant shall deliver
newsletters allocated for
mail delivery to the post
office no later than 2
business days before the
first Saturday of every
month; Consultant shall
deliver printed brochures
allocated to City Hall no
later than one day after
printing.

City shall endeavor to make
each month' s edition of the
newsletter available on the
first Saturday of each
month. Printed brochures
allocated to City Hall will
be available for pick up.

Web version of the
newsletter will be published
online for public access.

Consultant sends final
proof of newsletter to
printer no later than May

22. Newsletters are
printed on May 30.

Consultant delivers
printed newsletters to
USPS and City Hall on
May 31.

June 2023 newsletter
made available on June 3,
2023 online and in print.

11. Consultant shall deliver the following tangible work products to the City by the following dates.

For the purposes of this Exhibit, "business days" shall mean Monday -Thursday, excluding City holidays and closures. The City is closed on Fridays. 01257.001/ 875367. 2 D- 2

A. First proof to the Consultant will be delivered 15 business days before printing. a.) City shall email Consultant all newsletter information no later than 15 business days before printing.

B. First proof to the City will be delivered 10 business days before printing. a.) Consultant shall send first proof of newsletter to City no later than 5 business days after receiving newsletter information.

C. Multiple proofings coordinated by The Creative Sauce and City staff; 1- 2 business days for review.
a.) City staff shall provide comments and suggested edits, if any, to Consultant within one business day ofreceiving the first proof.
b.) Consultant shall respond to City comments and edits within one business day of receiving them. Consultant shall either revise newsletter according to City feedback, suggest alternative changes, and/ or explain why certain changes are not recommended.

D. Finalized proof coordinated by The Creative Sauce and City staff; 2- 3 business days for review.
a.) Consultant shall send City final proof of newsletter no later than one business day after responding to City comments and edits to first proof. b.) City shall either confirm revisions to newsletter performed by Consultant based on City comments, or make any additional comments or suggested edits within one business day of receiving the final proof
c.) Consultant shall respond to City comments and edits within one business day of receiving them. Consultant shall either revise newsletter according to City feedback, suggest alternative changes, and/ or explain why certain changes are not recommended.
d.) City shall approve final proof no later than 6 business days before brochures must be delivered to post office.

E. After City approves final proof, consultant sends final proof to printer. Web version will be emailed to the City by the Consultant no later than one business day after final proof of newsletter is approved. Final proof shall be sent to the printing company/ printer of Consultant' schoosing no later than 5 business days before brochures must be delivered to post office.
a.) 9, 600 brochures will be printed every month. 9, 380 brochures will be allocated for mail delivery, and 220 brochures will be allocated to City Hall. 01257.001/ 875367. 2 D- 3

F Consultant shall deliver printed brochures to post office and City Hall. Consultant shall deliver newsletters allocated for mail delivery to the post office no later than 2 days before the first Saturday of every month; Consultant shall deliver printed brochures allocated for City Hall to City Hall no later than one day after printing and prior to the first Saturday of the month.

G. Each monthly newsletter shall be published on the first Saturday of every month.

City shall make printed brochures allocated to City Hall available for pick up. Web version of the newsletter will be published online for public access.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3. 2.
01257.00I/ 875367. 2 D- 4

SAUCCRE-01 FERTE1
ACORD8
CERTIFICATE OF LIABILITY INSURANCE I �

DATE (MM/DD/YYYY)
11/28/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER License # OC88587 �2AA!�cT Certificate Department CDS Insurance Services r.tgN
Jo, Ext): (626) 610-9500 I FAX
2001 E. Financial Way, Suite 200 (AIC, N o):(626) 610-9299 Glendora, CA 91741 i�lJ�ss: [email protected] IN SURER(S) AFFORDING COVERAGE NAIC#
IN SURER A: Sentinel Ins Co 11000
IN SURED INSURER B: Nationwide Mutual Ins Co 23787
The Sauce Creative Services Corp. IN SURER c: Ohio Securitv Ins Co 24082 2600 S California St. IN SURER D:

Monrovia, CA 91016
IN SURER E:

IN SURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

IN SR TYPE OF IN SURA N CE ADDL SUBR POLICY N UMBER /!
POLICY EFF /�g�JiYv�, LIMITS LTR IN SD WVD MM/DD/YYYYI
A X COMMERCIAL GEN ERAL LIABILITY 151 SBAIA9203
EA CH OCCURRE NCE $ f-- 1,000,000
D CLA IMS-MA DE [K] OCCUR ���t�H?E���J!�ence' 1,000,000 f-- X 7/9/2023 7/9/2024 $
ME D E XP (Anv one oerson) $ f-- 10,000
1,000,000
f-- PE RSONA L & A DV INJURY $
2,000,000 GE N'L A GGRE GA TE LIMIT A PPLIE S PE R: GE NERAL A GG RE GA TE $ � POLICY □ �r8r □ LOG PRODUCTS - COMP/OP A GG $ 2,000,000 OTHE R: $

B AUTOMOBILE LIABILITY I
ACP3058804439
COMBINE D SINGLE LIM IT 1,000,000
f-- (Ea accident) $
f--X ANY A UTO 5/14/2023 5/14/2024 BODILY INJURY (Per oerson) $ OWNED � SCHEDULED
f-- A UTOS ONLY f-- A UTOS BODILY INJURY /Per ac cident\ $ HIRE D NON-OWNE D iP�7�tc�d
i;;:;t
�AMAGE f-- A UTOS ONLY f-- A UTOS ONLY $
$

UMBRELLA LIAB H
f-- OCCUR EA CH OCCURRE NCE $
EXCESS LIAB CLA IMS-MA DE A GGRE GA TE $
DE D I I RE TE NTION $ $
C WORKERS COMPENSATION X I �ffTuTE I I
OTHAN D EMPLOYERS' LIABILITY ER
Y/N XWS(24)59790917 5/14/2023 5/14/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EA CH A CCIDE NT $ OFFICER/M EM BER EXCLUDED? N /A (Mandatory in N H) 1,000,000 E.L. DISEA SE -EA E MPLOYEE $ If yes, describe under I 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEA SE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All Endorsements apply as required by written contract.

City of South El Monte is named as additional insured as respects General Liability per attached endorsement IH 12 00 11 85 T

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South El Monte THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1415 Santa Anita Ave
South El Monte, CA 91733

AUTHORIZED REPRESEN TATIVE
ACORD 25 (2016/03)
I o �
© 1988-2015
v1 �
ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

51 SBA IA9203

ADDITIONAL INSURED - PERSON- ORGANIZATION

CITY OF SOUTH EL MONTE
1415 SANTA ANITA AVENUE
SOUTH EL MONTE, CA 91733
005
POLICYNUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PageForm IH 12 00 11 85 T SEQ. NO Printedin U.S.A.

Process Date: 04 / 19 / 23
001
Expiration Date: 07 / 09 / 24

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-027, APPROVING AMENDMENT NO. 1 TO THE PUBLIC

WORKS AGREEMENT BETWEEN THE CITY AND
CALPROMAX ENGINEERING, INC. FOR THE TRAFFIC

SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE AND
DURFEE AVE & PECK RD (HSIPL-5352(021))
SUMMARY: On March 26, 2024, the City Council of the City of South El Monte (“City Council”) approved a Public Works Agreement with Calpromax Engineering, Inc. (“Agreement”), for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) (“Project”). An extension of the term of the Agreement is necessary for project completion; no additional compensation is required.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 027, extending the term of the Agreement to March 26, 2026, to complete the Project.

FISCAL/FINANCIAL IMPACT: There is no additional cost for the extension of the Agreement.

DISCUSSION: On March 26, 2024, the City Council approved a Public Works Agreement with Calpromax Engineering, Inc. for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) in the amount of $437,390.

This Agreement has a term that is set to expire on March 26, 2025. Calpromax Engineering, Inc., has completed the field preparatory work for the signal pole installation, and is currently waiting for the long lead time traffic signal pole material delivery, to complete the traffic signal installation. However, the material delivery and field installation work will exceed the original term identified on the Agreement. Therefore, it is necessary to extend this contract until March 26, 2026. No additional compensation is required.

The staff report was collaboratively prepared by Andrés González, Senior Public Works Analyst, in coordination with the team from TransTech.

ATTACHMENT(S):

A. Resolution No. 25-027
B. Amendment No. 1 - Calpromax

ATTACHMENT A
RESOLUTION NO. 25-027

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

AGREEMENT BETWEEN THE CITY AND CALPROMAX
ENGINEERING, INC. FOR THE TRAFFIC SIGNAL

IMPROVEMENTS AT LEE AVE & GARVEY AVE AND
DURFEE AVE & PECK RD (HSIPL-5352(021))
WHEREAS, on March 26, 2024, the City of South El Monte City Council approved a Public Works Agreement with Calpromax Engineering, Inc. for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021); WHEREAS, Calpromax Engineering, Inc. has completed the field preparatory work for the signal pole installation, and is currently waiting for the long lead time traffic signal pole material delivery, to complete the traffic signal installation. However, the material delivery and field installation work will exceed the original term identified on the contract. Therefore, it is necessary to extend this contract until March 26, 2026, no additional compensation is required.

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

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

SECTION 2: The City Council hereby extends the term of the agreement until March 26, 2026 and directs the City Manager to execute the Amendment No. 1 to the Agreement in substantially the form attached as Attachment B to the March 18, 2025 staff report accompanying this Resolution. The Council further directs the City Manager to take all actions necessary to effectuate the Agreement.

SECTION 3: The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED and ADOPTED this 18th day of March 2025. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-027 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 18th day of March 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Adrian Garcia, MMC, City Clerk

ATTACHMENT B
AMENDMENT NO. 1 TO THE PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND CALRPOMAX ENGINEERING, INC.

This First Amendment (“Amendment No. 1”) to that certain agreement entitled “Public Works Agreement,” Contract No. ____________, dated March 26, 2024, by and between the City of South El Monte, a California municipal corporation (“City”) and Calpromax Engineering, Inc., a California corporation (“Contractor”) (collectively, the “Parties”) is hereby entered into as of this 18th day of March, 2025 (“Effective Date”). For purposes of this Amendment No. 1, the capitalized term “Parties” shall be a collective reference to both City and Contractor. The capitalized term “Party” may refer to either City or Contractor, interchangeably as appropriate

RECITALS
A. On March 26, 2024, the Parties entered into an Agreement to provide construction services for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021));
B. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
C. Under the terms of the Master Agreement, the Agreement is set to expire on March 26, 2025; and
D. The Parties now desire to extend the term of the professional services provided under the Master Agreement at no additional cost; and E. The execution of this Amendment No. 1 was approved by the City Manager pursuant to the authority granted under Section 3.16.020 of the South El Monte Municipal Code;
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:

Section 1. All defined terms herein, as shown by initial capitalization, shall have the meaning ascribed to them in the Agreement, unless otherwise indicated.

Section 2. Section 3.4 (TERM) of the Master Agreement is hereby amended to extend the Master Agreement to continue through March 26, 2026.

Section 3. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect. This Amendment No. 1, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

Section 4. The provisions of this Amendment No. 1 shall be deemed a part of the Master Agreement and except, as otherwise provided under this Amendment No. 1, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and the provisions of the Master Agreement, the provisions of this Amendment No. 1 shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
[SIGNATURE PAGE FOLLOWS]

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.

City:

City of South El Monte,
a California municipal corporation
By:

Name: Rene Salas
Title: City Manager
ATTEST:

By:

Name: Adrian Garcia
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Susie A. Altamirano
Title: Interim City Attorney
Consultant:

Calpromax Engineering, Inc.,
a California Corporation
By:

Name:

Title:

By:

Name:

Title:

PROOF OF AUTHORITY TO BIND CONTRACTING

PARTY REQUIRED

01257.0006/971232.4

PUBLIC WORKS AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
CALPROMAX ENGINEERING, INC.

-1-
01257.0006/971232.4

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
CALPROMAX ENGINEERING, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 26th day of March 2024 by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and CALPROMAX ENGINEERING, INC., a California Corporation (“Contractor”). City and Contractor 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 defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

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. WORK OF CONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor 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

-2-
01257.0006/971232.4
Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor 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 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified

-3-
01257.0006/971232.4
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all

-4-
01257.0006/971232.4
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor’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.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work 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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided

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either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, 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 caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 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.

1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of

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equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 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 Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Thirty Seven Thousand Three Hundred Ninety Dollars and Zero Cents ($437,390.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

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 the contract retention; (iii) payment for time and materials based upon the Contractor’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,

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and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor 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 Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor 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, Contractor 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. Sub-contractor charges shall also be detailed by such categories.

Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor 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 that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

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.

Contractor 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

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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, 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 Contractor, 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 Contractor 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 Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 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 March 26, 2025 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 Contractor.

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

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Nizar Kabbany ___________ President ________________
(Name) (Title)
Mario Armogeda__________ Vice President ____________
(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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’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 Contractor.

Contractor 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. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Rene Salas or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor 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 Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge,

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supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor 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. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor 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. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. 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 Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor 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. Contractor 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 Contractor arising out of or in connection with Services

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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. Contractor 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 Contractor 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. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor 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. Contractor 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. Contractor 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 Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium

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paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 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. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’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. Contractor 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 Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor 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, Contractor 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 Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor 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 Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor 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 Contractor hereunder, Contractor 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.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor 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 Contractor in the performance of professional services and work 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 Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:

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(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor

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Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

Contractor 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. Contractor 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, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor 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 Contractor, 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 Contractor 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

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documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, 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 Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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

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appropriate court in such county, and Contractor 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.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor 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 Contractor’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.
(b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, 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 Contractor to insure, indemnify, and protect City as elsewhere provided herein.

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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 Contractor 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, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $250 (Two Hundred Fifty Dollars) as liquidated damages for each calendar 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 Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be

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such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor 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 Contractor has initiated termination, the Contractor 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 Contractor.

If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

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

7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

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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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor 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 Contractor’s performance of services under this Agreement. Contractor 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. Contractor 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 effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor 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 Contractor 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, Contractor 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.

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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 Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.

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 Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

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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. Contractor 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.

Contractor 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. Contractor 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.

Contractor’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) the 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:

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

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

CALPROMAX ENGINEERING, Inc., a
California corporation
By:

Name: Nizar Kabbany
Title: President
By:

Name: Mario Armogeda
Title: Secretary
Address: 700 S. Van Buren St., Ste C
Placentia, CA 92870
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

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

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

01257.0006/971232.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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.

01257.0006/971232.4

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

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

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

WITNESS my hand and official seal.

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.

01257.0006/971232.4 A-1
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Project in South El Monte, including any documents or exhibits referenced therein and attached hereto as Exhibit A-1 II. Brief description of the work to be performed:

The work involves furnishing all labor, material, equipment, services, and incidentals required for traffic signal placement, including the installation of conduits, pull boxes, signal heads, sensor units, pedestrian push buttons, traffic signal poles, traffic striping, hauling and disposal, and traffic control at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd.

III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:

A. Project Baseline Schedule to be submitted at a date agreed to at the Project KickOff meeting.

B. Project Look ahead Schedule (3 weeks look ahead) Updates to be submitted at a date agreed to at the Project Kick-Off meeting.

C. Status reports upon request
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.

01257.0006/971232.4 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
.

01257.0006/971232.4 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below:

01257.0006/971232.4 C-2

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II. A retention of five percent (5%) 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 item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor 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 amount provided in Section 2.1 of this Agreement.

01257.0006/971232.4 D-1
EXHIBIT “D”

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

The Contractor shall complete all work within 160 working days (including long lead time material procurement) from the date of the City issued Notice to Proceed.

II. Contractor shall deliver the following tangible work products to the City by the following dates.

N/A.

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

01257.0006/971232.4 D-1

PERFORMANCE BOND
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded to CALPROMAX ENGINEERING, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD PROJECT;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)

01257.0006/971232.4 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

01257.0006/971232.4

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF SOUTH EL MONTE, (“City”), has awarded CALPROMAX ENGINEERING, INC., as Contractor (“Principal”), a Contract for the work entitled and described as follows: TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE AND DURFEE AVE & PECK RD;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

01257.0006/971232.4
Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

01257.0006/971232.4

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of SOUTH EL MONTE
Project: Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd Project
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

01257.0006/971232.4
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

01257.0006/971232.4

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard

01257.0006/971232.4
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)

01257.0006/971232.4
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

01257.0006/971232.4

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard

01257.0006/971232.4
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page)

01257.0006/971232.4
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

01257.0006/971232.4

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

01257.0006/971232.4

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of SOUTH EL MONTE
1415 Santa Anita Avenue
SOUTH EL MONTE, California 91733

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF

THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NO. AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

01257.0006/971232.4
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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

DATE: March 18, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-028, APPROVING AMENDMENT NO. 1 TO THE

CONTRACT SERVICES AGREEMENT BETWEEN THE CITY
AND KIMLEY HORN AND ASSOCIATES, INC. FOR THE

TRAFFIC SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY
AVE AND DURFEE AVE & PECK RD (HSIPL-5352(021)
SUMMARY: On January 24, 2023, the City Council of the City of South El Monte (“City Council”) approved a Contract Services Agreement with Kimley Horn and Associates, Inc. (“Agreement”) for the design services for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) (“Project”). An extension of the term of the Agreement is necessary for project completion; no additional compensation is required.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 028, extending the term of the Agreement, Inc. to January 10, 2026, to complete the project.

FISCAL/FINANCIAL IMPACT: There is no additional cost for the extension of the agreement.

DISCUSSION: On January 24, 2023, the City Council approved the Agreement with Kimley Horn and Associates, Inc., for the design services for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)) in the amount of $62,226.45.

This Agreement had a term that expired on January 10, 2025. Kimley Horn and Associates, Inc. (“Consultant”), has completed the design work. However, the Consultant’s services are still needed to provide as-needed construction phase support services during construction of the Project. Therefore, it is necessary to extend this Agreement until January 10, 2026. No additional compensation is required for the extension.

The staff report was collaboratively prepared by Andrés González, Senior Public Works Analyst, in coordination with the team from TransTech.

ATTACHMENT(S):

A. Resolution No. 25-028
B. Amendment No. 1 - Kimley Horn

ATTACHMENT A
RESOLUTION NO. 25-028

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

SERVICES AGREEMENT BETWEEN THE CITY AND
KIMLEY HORN AND ASSOCIATES, INC. FOR THE TRAFFIC

SIGNAL IMPROVEMENTS AT LEE AVE & GARVEY AVE
AND DURFEE AVE & PECK RD (HSIPL-5352(021))
WHEREAS, on January 24, 2023, the City of South El Monte City Council (“City Council”) approved a Contract Services Agreement (“Agreement”) with Kimley Horn and Associates, Inc. (“Consultant”) for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021) (“Project”); and WHEREAS, Consultant has completed the design work portion of the Project; and WHEREAS, Consultant’s services are still required to provide the City of South El Monte (“City”) with as-needed construction phase support services during construction of the Project; and
WHEREAS, it is necessary to extend the term of the Agreement to January 10, 2026, with no additional compensation required.

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

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

SECTION 2: The City Council hereby extends the term of the Agreement to January 10, 2026, and directs the City Manager to execute the Amendment No. 1 to the Agreement in substantially the form attached as Attachment “B” to the March 18, 2025, staff report accompanying this Resolution. The Council further directs the City Manager to take all actions necessary to effectuate the Agreement.

SECTION 3: The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED and ADOPTED this 18th day of March 2025. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-028 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 18th day of March 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Adrian Garcia, MMC, City Clerk

ATTACHMENT B
AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND KIMLEY HORN AND
ASSOCIATES, INC.

This First Amendment (“Amendment No. 1”) to that certain agreement entitled “Contract Services Agreement,” Contract No. ________, dated January 10, 2023 (“Master Agreement”), by and between the City of South El Monte, a California municipal corporation (“City”) and Kimley Horn And Associates, Inc., a California corporation (“Contractor”) (collectively, the “Parties”) is hereby entered into as of this 18th day of March, 2025 (“Effective Date”). For purposes of this Amendment No. 1, the capitalized term “Parties” shall be a collective reference to both City and Contractor. The capitalized term “Party” may refer to either City or Contractor, interchangeably as appropriate.

RECITALS
A. On January 10, 2023, the Parties entered into and executed the Master Agreement for the Contractor to provide certain design services for the Traffic Signal Improvements at Lee Ave & Garvey Ave and Durfee Ave & Peck Rd (HSIPL-5352(021)); B. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
C. Under the terms of the Master Agreement, the Agreement expired on January 10, 2025; and
D. The Parties now desire to extend the term of the professional services provided under the Master Agreement; and
E. The execution of this Amendment No. 1 was approved by the City Manager pursuant to the authority granted under Section 3.16.020 of the South El Monte Municipal Code; and
F. WHEREAS, the Parties are in agreement that the Term of the Agreement be extended nunc pro tunc, notwithstanding its January 10, 2025 expiration, and that all Parties intend to be bound by the terms and conditions of the Agreement as extended by this Amendment No. 1, as if the Amendment No. 1 had been executed upon the initial January 10, 2025 expiration date.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

Section 1. All defined terms herein, as shown by initial capitalization, shall have the meaning ascribed to them in the Agreement, unless otherwise indicated.

Section 2. Section 3.4 (TERM) of the Master Agreement is hereby amended to extend the Master Agreement to continue through January 10, 2026.

Section 3. Except as specifically amended by this Amendment No. 1, all other provisions of the Master Agreement shall remain in full force and effect. This Amendment No. 1, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

Section 4. The provisions of this Amendment No. 1 shall be deemed a part of the Master Agreement and except, as otherwise provided under this Amendment No. 1, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and the provisions of the Master Agreement, the provisions of this Amendment No. 1 shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
[SIGNATURE PAGE FOLLOWS]

IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.

City:

City of South El Monte,
a California municipal corporation
By:

Name: Rene Salas
Title: City Manager
ATTEST:

By:

Name: Adrian Garcia
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Susie A. Altamirano
Title: Interim City Attorney
Consultant:

Kimley Horn and Associates, Inc.,
a California Corporation
By:

Name:

Title:

By:

Name:

Title:

PROOF OF AUTHORITY TO BIND CONTRACTING

PARTY REQUIRED

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and

KIMLEY- HORN AND ASSOCIATES, INC
01257.001/ 577811. 2

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
KIMLEY- HORN AND ASSOCIATES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this 10th day of January, 2023 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (" City") and KIMLEY- HORN AND ASSOCIATES, INC., a North Carolina corporation (" Consultant"). City and Consultant may be referred to, individually or collectively, as " Party" or "Parties."

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

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. 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 01257.001/ 695512. 11