South El Monte City Council
June 17, 2025

7.5% 1% 10' OPEN 12 10 9 8 6 5 3 15 14 4 2 1 UNIT A1 HALLWAY UNIT E UNIT A1 UNIT F1 UNIT B UNIT A1 UNIT E UNIT A1 UNIT B UNIT A1 UNIT E UNIT A1 UNIT B UNIT A1 UNIT E UNIT A1 UNIT B UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 HALLWAY UNIT A1 HALLWAY UNIT A1 HALLWAY BASEMENT LEVEL PARKING GROUND LEVEL PARKING SECOND LEVEL PARKING OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN OPEN M I C H A E L H U N T A V E 241.47 242.53
42'-0" 19'-8 1/4"
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 2'-0" 9'-8 1/4" ROOF TOP T.O. SHEATHING 6th FLOOR T.O. SHEATHING 5th FLOOR T.O. SHEATHING 4th FLOOR T.O. SHEATHING 2nd FLOOR T.O. DECK 3rd FLOOR T.O. DECK PARAPET 1 A5.2 1- 2 A5.3 T.O. SLAB @ GARAGE 241.00' 24'-11" T.O. RIDGE OPEN TO MICHAEL HUNT OPEN UNIT G UNIT B UNIT G UNIT B UNIT G UNIT B UNIT G CORRIDOR UNIT B CORRIDOR CORRIDOR DECK CORRIDOR COURTYARD B OPEN OPEN 241.39 P E C K R O A D 241.56 242.90 240.67 2 A5.1 2 A5.2
43'-0" 20'-0 1/4"
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 3'-0" 10'-0 1/4" ROOF TOP T.O. SHEATHING 6th FLOOR T.O. SHEATHING 5th FLOOR T.O. SHEATHING 4th FLOOR T.O. SHEATHING 2nd FLOOR T.O. DECK 3rd FLOOR T.O. DECK PARAPET BASEMENT LEVEL PARKING GROUND LEVEL PARKING SECOND LEVEL PARKING COMMERCIAL SUITE A A L B D F H T.O. SLAB @ GARAGE 241.50' 24'-11" T.O. RIDGE
2'-0" S 45°38'07" W 272.25' N 58°30'41" W 174.03' S 45°38'07" W 128.71' L=156.03' R=1950.00' D=4°35'05" N 50°39'53" W 17.50' R=530.00' L=57.69' D=6°14'10" D=89°56'10" L=39.24' R=25.00' KEYPLAN 2 1 1 4 1 4 F AI R O A K S A V E., S U I T E 3
S O U T H P A S A D E N A, C A 9 1 0 3 0
T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3
Space Light Structure Design

ARCHITECTURE

PLANNING
INTERIORS Revisions: Date
1510 & 1536 PECK ROAD
SOUTH EL MONTE, CA 91733
CROSSING at PECK 1510 & 1536 PECK ROAD, SOUTH EL MONTE, CA 91733 CROSSING at PECK 07-19-2024 SLSD Project Number: 2022-12 Date: A5.2 SCALE: 3/32 = 1'-0" LONGITUDINAL SECTION 2 SCALE: 3/32" = 1'-0" TRANSVERSE SECTION 1

COMMERCIAL SUITE B COMMERCIAL SUITE C COMMERCIAL SUITE D COMMERCIAL SUITE E COMMERCIAL SUITE F CIRCULATION BIKE / STOR. CIRCULATION FRONTING PECK ROAD BASEMENT LEVEL PARKING COMMUNITY ROOM UNIT D2 UNIT D2 UNIT D1 241.75 UNIT F1 UNIT F1 UNIT F1 UNIT F1 CORRIDOR CORRIDOR CORRIDOR CORRIDOR MECH / STOR. RM. MECH / ELEC. RM. OPEN DRIVEWAY 241.18 OPEN TO PECK 241.56

P E C K R O A D
42'-0" 20'-6 1/4"
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 2'-0" 10'-6 1/4" ROOF TOP T.O. SHEATHING 6th FLOOR T.O. SHEATHING 5th FLOOR T.O. SHEATHING 4th FLOOR T.O. SHEATHING 2nd FLOOR T.O. DECK 3rd FLOOR T.O. DECK PARAPET DECK COURTYARD A DECK 15 14 13 11 7 S 45°38'07" W 272.25' N 58°30'41" W 174.03' S 45°38'07" W 128.71' L=156.03' R=1950.00' D=4°35'05" N 50°39'53" W 17.50' R=530.00' L=57.69' D=6°14'10" D=89°56'10" L=39.24' R=25.00' KEYPLAN 1 2 OPEN OPEN OPEN OPEN UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 UNIT A1 COURTYARD B COURTYARD A BASEMENT LEVEL PARKING BASEMENT LEVEL PARKING GROUND LEVEL PARKING SECOND LEVEL PARKING BIKE / STOR. COMMERCIAL SUITE E

P E C K R O A D
42'-0" 21'-2 1/4"
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 2'-0" 11'-2 1/4" ROOF TOP T.O. SHEATHING 6th FLOOR T.O. SHEATHING 5th FLOOR T.O. SHEATHING 4th FLOOR T.O. SHEATHING 2nd FLOOR T.O. DECK 3rd FLOOR T.O. DECK PARAPET 240.99 240.81 242.98 241.15 2 A5.2 2 A5.1 OPEN DRIVEWAY OPEN DRIVEWAY OPEN DRIVEWAY L A 1 4 1 4 F AI R O A K S A V E., S U I T E 3
S O U T H P A S A D E N A, C A 9 1 0 3 0
T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3
Space Light Structure Design

ARCHITECTURE

PLANNING
INTERIORS Revisions: Date
1510 & 1536 PECK ROAD
SOUTH EL MONTE, CA 91733
CROSSING at PECK 1510 & 1536 PECK ROAD, SOUTH EL MONTE, CA 91733 CROSSING at PECK 07-19-2024 SLSD Project Number: 2022-12 Date: A5.3 SCALE: 3/32 = 1'-0" TRANSVERSE SECTION 2 SCALE: 3/32" = 1'-0" PARTIAL SECTION 1

ATTACHMENT B

AFFIDAVIT OF NON-COLLUSION
I state that I am ________________________________ (title) ________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. 2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. 4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. 5) (name of firm), its affiliates,
subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that_ (name of firm) understands and acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract. _______________________________________
(Authorized Signature)
_______________________________________
(Name of Company/Position)
Sworn to and subscribed before me this day ________________ of _____________,20__. ____________________________________________
Notary Public for California
My Commission Expires: ____________________________

ATTACHMENT C

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
 Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
 Forfeiture of a bid or proposal bond by proposer or any sub-consultant.  Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
 Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification).  The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
 Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
 Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
 Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

ATTACHMENT D

PROFESSIONAL SERVICES CONTRACT TEMPLATE

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
______________

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
______________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and _________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

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

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

2 1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

1.6 Care of Work.

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

3 1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

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

4 2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

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

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

2.5 Waiver.

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

5 ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for ____ additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

6 ___________________________ _____________________________ (Name) (Title)
___________________________ ______________________________ (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Rene Salas, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

7 4.4 Independent Consultant.

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

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense

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

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

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.

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

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or

11 liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be

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

6.2 Reports.

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

6.3 Ownership of Documents.

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

13 6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

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

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

14 for the default. The notice shall include the timeframe in which Consultant may cure the default.

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

7.3 Retention of Funds.

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

7.4 Waiver.

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

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel

15 specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City ________________ liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

16 7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

17 8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

18 9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

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

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

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

Adrian Garcia, City Clerk
APPROVED AS TO FORM:

City Attorney
CONSULTANT:
____________________________________
By:

Name:

Title:

By:

Name:

Title:

Address: ____________________________
____________________________________
“If applicable,” two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

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

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

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 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 dt

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 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

A-1
EXHIBIT “A”

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

A.

B.

C.

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

A.

B.

C.

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

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

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

A.

B.

C.

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.

C-1
EXHIBIT “C”

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

II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

C-2
EXHIBIT “D”

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

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

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

EXHIBIT ”E”

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING

COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.)

COVERAGE POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
Consultant'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of South El Monte, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of South El Monte and the named insured is covered under the policy: Consultant agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly orindirectly from the wrongful or negligent actions of Consultant's officers, employees, agents or others employed by Consultant while engaged by Consultant in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of South El Monte
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.

Successor Agency Agenda Report
Agenda Item No. 8.a.

DATE: June 17, 2025
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR APRIL 15, 2025
SUMMARY: Staff is requesting approval of the Minutes of the April 15, 2025, Successor Agency Meeting.

RECOMMENDED ACTION: Staff is requesting approval of the Minutes of the April 15, 2025, Successor Agency Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT SA Minutes 04-15-25

Final Minutes Approved 04/01/25

CITY OF SOUTH EL MONTE

REGULAR SUCCESSOR AGENCY MEETING MINUTES
Tuesday, April 15, 2025 - 6:00 p.m.
1415 Santa Anita Ave., South El Monte, CA 91733
Successor Agency Meeting Immediately Followed Regular City Council Meeting.

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

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

Chair Olmos called the meeting to order at 8:11 p.m.

16. CALL TO ORDER AND ROLL CALL
PRESENT: Board Member(s): Acosta, Rodriguez, Vice Chair Delgado, and Chair Olmos
ABSENT: Board Member(s): Bojorquez
STAFF PRESENT: Rene Salas, City Manager; Susie A. Altamirano, Interim General Counsel; Adrian Garcia, City Clerk; Masami Higa, Treasurer; Iyob Tessema, Director of Human Resources and Risk Management; Danilo Batson, Interim Director of Public Works; Gerardo Marquez, Interim Director of Community Development; and Sabrina Muhne, Deputy City Clerk.

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

17. APPROVAL OF AGENDA
Motion by Vice Chair Delgado, seconded by Board Member Acosta, to approve the agenda. Motion carried 4-0, by the following vote:

AYES: Board Member(s): Acosta, Rodriguez, Vice Chair Delgado, and Chair Olmos
NAYS: Board Member(s): None
ABSENT: Board Member(s): Bojorquez

18. PUBLIC COMMENTS
Chair Olmos opened Public Comment.

There being no public comment, Chair Olmos closed public comment.

Final Minutes Approved 04/01/25

19. CONSENT CALENDAR
Motion by Board Member Rodriguez, seconded by Vice Chair Delgado, to approve the Consent Calendar. Motion carried 4-0, by the following vote:

AYES: Board Member(s): Acosta, Bojorquez, Rodriguez, Vice Chair Delgado, and Chair Olmos
NAYS: Board Member(s): None
ABSENT: Board Member(s): Bojorquez

19.a. Approved the Regular Successor Agency Meeting Minutes of March 18, 2025.

20. EXECUTIVE DIRECTOR'S AGENDA – None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 8:14 p.m., Chair Olmos adjourned the meeting.

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

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

DATE: June 17, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF THE AB 2561

REQUIREMENTS
SUMMARY: Effective January 1, 2025, AB 2561 requires public agencies to monitor and track job vacancies once per fiscal year and before the adoption of the final budget, present information about job vacancy status and the agency’s recruitment and retention efforts at a public hearing before the governing body.

RECOMMENDED ACTION: Staff recommends city council approve finding from staff that all AB 2561 requirements have been met.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact
DISCUSSION: On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (“AB 2561”) into law, adding a section to the Meyers-Milias-Brown Act (“MeyersMilias Act”) that creates a new obligation for public agencies to publicly address the status of their vacant job positions and their recruitment and retention efforts during a public hearing at least once per fiscal year, and before adopting the final budget. If the vacancy rate for a bargaining unit exceeds twenty percent (20%), then AB 2561 imposes additional reporting requirements. The California Legislature enacted AB 2561 to address widespread vacancies, which negatively impact the delivery of public service by requiring employees to take on heavier workloads, resulting in burnout and increased turnover.

We currently have 5 vacancies in different departments. We have a total of 82 full-time positions in the city. This translates to a vacancy rate of 6% which is well below the 20% threshold of AB 2561, which would require more details on our recruiting efforts.

The City’s recognized employee association was provided timely advance notice of the public hearing.

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 10.a.

DATE: June 17, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: FISCAL YEAR (FY) 2025-2026 ANNUAL BUDGET STUDY

SESSION
SUMMARY: On June 3rd, 2025, the City held its first FY25-26 Annual Budget Study Session. At that meeting, staff made a presentation to City Council summarizing the General Fund's FY25-26 Proposed Budget, its 5-Year Financial Forecast, and the causes of the main changes in those financial forecasts. The General Fund's FY25-26 Proposed Budget showed a deficit of $448,744 and growing over the next five years. City Council and staff discussed, and agreed that the City must “tighten its belts” before pursuing any additional tax revenues.

RECOMMENDED ACTION: At the June 3rd FY25-26 Annual Budget Study Session, City Council raised various questions and proposed solutions for the City to “tighten its belts”. Staff have gathered information to answer those questions and assessed the feasibility of the solutions proposed. Staff recommends City Council review the answers, discuss, and provide further direction to staff towards finalizing the FY25-26 budget.

FISCAL/FINANCIAL IMPACT: To be determined.

DISCUSSION: On June 3rd, 2025, the City held its first FY25-26 Annual Budget Study Session. At that meeting, the Director of Finance made a presentation to City Council covering the following:

1. FY24-25 Year-End Forecast and FY25-26 Proposed Budget

2. FY26-30 Five-Year Forecast

3. Previously unforeseen decreases in estimated revenues due to global tariffs

4. Previously unforeseen cost increases

5. Possible contingency plans including a possible tax measure in the future The General Fund's FY25-26 Proposed Budget showed a deficit of $448,744 and growing over the next five years. City Council and staff discussed, and agreed that the City must “tighten its belts” before pursuing any additional tax revenues. City Council raised

various questions and proposed solutions for the City to “tighten its belts”. Staff have gathered information to answer those questions and assessed the feasibility of the solutions proposed as listed below:

Question 1: What is the cost savings from eliminating one full-time Code Enforcement Officer position?
Answer 1: Approximately $120,000 including salary and benefits.

Question 2: What is the cost savings from eliminating two full-time Public Safety Officer positions?
Answer 2: Approximately $173,000 including salaries and benefits.

Question 3: What is the cost of the City’s janitorial costs, why has it gone up, and can it be reduced?
Answer 3: The estimated City-wide janitorial cost is $170,000, budgeted under the Public Works Administration Division (01-170-1020-5515). The City has a contract with Base Hill, Inc. dba Jan Point Building Services (Resolution No. 24-143) with the following monthly and supplemental request costs:

Besides the annual contract cost of $97,020 ($8,085 x 12 = $97,020), the City budgeted an additional $72,980 for supplemental requests, due to the fact that City’s events have grown with limited part-time staffing hours that can be committed towards cleaning efforts. However, the budgeted supplemental request costs could be reduced and adjusted mid-year based on the year-to-date actual at mid-year. For example, during COVID, the City incurred unexpected cleaning costs to keep employees and the public safe, so for FY24-25, the City budged $250,000, but spent approximately $131,020, so it reduced the budgeted amount from $250,000 to $170,000.

Question 4a: What are the travel and conferences/seminars costs budgeted under

Public Works that could be reduced?
Answer 4a: $10,000 budgeted under the Public Works Administration Division (01-170- 1020-5910) for Public Works Director, Analyst, Supervisor, and Staff to attend the League of California Cities and APWA conferences.

Question 4b: What are the City-wide conferences/seminars costs that could be reduced? Answer 4b: The City-wide conferences/seminars costs by Department and Divisions are as follows:

The FY24-25 Forecasted column shows that employees did not spend as much as they budgeted for FY24-25. The City could try and reduce the level of proposed FY25-26 conferences/seminars to the FY24-25 Forecasted level or reduce the FY25-26 Proposed amounts in half.

Question 5: What are the pros and cons of processing business licenses in-house, which is currently outsourced to HdL?
Question 5: The City outsourced its business licensing function to HdL on September 11, 2018, and has been amending the contract periodically to extend its terms. The fee structure for the service has not changed since September 11, 2018, with a CPI adjustment as shown below:

The City’s net business license revenues for the past 3 years are summarized below:

As can be seen from the above, the City’s net business license revenues for the last 12 months increased 49.25% as compared to the previous 12 months. This is due to HdL’s

increased discovery and collection efforts. The fee breakdown over the same 3 years is shown below:

In the last 12 months, increased activities in discovery and collection have led to an increase in fees as follows:
• Discovery fees increased from $4,702 to $118,718 or 25.2 times compared to the previous 12 months.
• Collection fees increase from $60,113 to $209,305 or 3.5 times compared to the previous 12 months.
• As compliance rates throughout the cities improve, the City expects HdL’s fees for discovery and collection to decrease accordingly, while the renewal and new application processing fees will remain fairly constant.

Within the FY25-26 proposed budget, the City budgeted business license revenues of $540,909. Staff will adjust this to $630,000, or an increase in estimated business license revenues of $89,091.

A qualified Business License staff member who understands the City Code, and knows how to resolve issues, is estimated to cost around $130,000 per year with salary and benefits (See Attachment A). In general, the cost to process a business license is

roughly one-third when outsourced to HdL, as compared to retaining full-time in-house staff (to process renewals and new applications). However, some cities will still choose to retain in-house staff rather than outsource, to provide a more friendly human touch, which some businesses prefer. Also, the amount of time and effort required for discovery and collection, either by HdL staff, or the City’s in-house business license staff, depends on the in-house staff’s experience and aggressiveness. If processed in-house, the City must also consider the additional cost of using a software, payment platform, and a collection agency. Also, if processed in-house, there will be additional layers of review and approval required by City staff who currently do not (for example, Director of Finance, City Manager, and City Attorney).

In FY24-25, to provide better customer service to City businesses, the City trained one in-house Administrative Assistant to respond to customer questions, so that HdL staff are not the only staff customers can ask questions regarding business licensing matters.

Question 6: Are there any impact fees being generated on Accessory Dwelling Units (ADU’s) within the City?
Answer 6: Currently, there are no impact fees being generated on ADU's within the City. Under Government Code sections 66311 and 66234(c)(1), the City can impose impact fees on ADU's larger than 750 sf. However, the impact fees cannot be “arbitrary, excessive, or burdensome” and do not include connection or capacity charges or application and processing fees. ADU's 750 sf. or less must be exempt from impact fees.

In addition, some jurisdictions require a business license for ADU’s, treating them as a rental unit. The City’s annual business license registration fees for rentals are $25 per unit (Resolution No. 95-64). Currently, there are approximately 150 ADU’s within the City. Assuming each ADU consists of one unit, 150 x $25 = $3,750 is approximately available in business license fees.

Finally, some jurisdictions have adopted a Short Term Rental ("STR") Ordinance which regulates any residential property or portion of a residential property that is rented to an individual or group for thirty (30) consecutive days or less. STR's are subject to Transient Occupancy Taxes ("TOT"), levied by local jurisdictions. STR TOT's are similar to hotel taxes and vary across cities and counties.

Question 7: Can the City’s IT cost be reduced by conducting an RFP? Answer 7: Staff believes yes, but must go through an RFP process to best access the cost savings.

Question 8: What would be the cost of outsourcing the Public Safety function? Question 8: Staff was able to find one vendor that has been providing Parking Enforcement Services to the City of Glendora and Azusa, Inter-Con Security Systems, Inc. The City of Azusa has a population of 50,000 and has an area of 9.7 square miles. Attached is a Staff Report from the City of Azusa’s Police Chief to City Manager dated October 2, 2023, recommending two full-time Parking Enforcement Officers with a Fiscal Impact statement as follows, “The annual cost of the Service Agreement with InterCon Security Systems, Inc. will not exceed $202,800.00 in year one. In Azusa’s Citation revenues generated by this program are expected to fully cover the cost of the contract and likely generate additional revenues above the contract cost” issuing approximately 900 parking citations monthly (See Attachment B).

On June 9, 2025, staff reached out to Inter-Con Security Systems, Inc. to obtain an estimate. Staff will inform City Council once the estimate comes in. As the City of Azusa’s population and size is more than double compared to the City of South El Monte’s, staff expect the cost to be comparable.

Question 9: What benefits are City Councilmembers receiving, and is there a way for the City to save on employees’ benefit costs?
Answer 9: Three out of five Councilmembers are currently receiving health insurance benefits from the City. Staff believes the City can save on health insurance costs by providing a medical opt-out provision similar to surrounding cities. Currently, the City provides a medical opt-out incentive to employees as follows:

City Council - $0
Executives - $600 per month
SEMEMTA - $100 per month
SEMEA - $100 per month
Surrounding cities provide a higher medical opt-out provision shown below, which could save more for both the employer and employee:

Staff recommends City providing a 65% premium opt-out provision for employees for the employer to save 35% of cost:

For example, the FY25-26 Proposed budget includes a city-wide health insurance cost of $1,447,394 as follows:

For example, if 10 employees with a family plan would opt-out, the City would save roughly $105,225 ($30,064.41 x 10 x 35% = $105,225), assuming the City adopts a 65% premium opt-out provision for employees.

Question 10: What are the added costs of having an additional committee and commission?
Answer 10: Different committees and commissions have different numbers of members serving as well as different volumes of public documents to be generated, reviewed, published, and retained. For example, excluding various overhead costs, the direct operating costs of our commissions are as follows:

Women’s Commission - $14,000
Community Services Commission - $8,900
Patriotic Commission - $8,000
Depending on the volume of documents that need to be generated and reviewed by various department staff, Executives, City Attorney, City Manager, and City Clerk, the indirect cost varies based on the hours required to review, approve, and process them.

Question 11: Are there any Prop A funds that can be exchanged or traded? Answer 11: All Prop A funds has been dedicated for a specific purpose over the next 5 years in the 5-year forecast. The majority of the funds are planned to be spent on employees’ labor operating the Paratransit program (25% Senior Services Supervisor; 25% Senior Services Coordinator; 25% Senior Services Sr. Recreation Leaders; and 100% Transportation Services Van Drivers).

Question 12: Can the City repurpose its Sewer Assessment Fees? Answer 12: No, the sewer service fees must be used for services and facilities furnished by the City in connection with the sanitary sewer system as adopted per Ordinance No. 1141 under Section 5471 of the California Health and Safety Code.

Staff have prepared a FY25-26 Recommended Budget Adjustment Worksheet to collaborate with City Council (See Attachment C).

ATTACHMENT(S):

A. Transparent California's Business License Position Listing B. Staff Report from City of Azusa's Police Chief to City Manager_10022023 C. FY25-26 Recommended Budget Adjustment Worksheet_06172025v2

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Your name here
Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
Haley N FavreSmith
Business License
Administrator
Santa Monica, 2023
$136,249.00 $0.00 $28,732.00 $164,981.00 $41,999.00 $25,353.95 $232,333.95 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2022
$130,161.48 $0.00 $16,067.53 $146,229.01 $38,615.97 $27,454.57 $212,299.55 Report Ad
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ATTACHMENT A

Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
Haley N FavreSmith
Business License
Administrator
Santa Monica, 2020
$128,531.16 $0.00 $12,220.80 $140,751.96 $64,918.22 0 $205,670.18 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2019
$126,636.00 $0.00 $13,385.00 $140,021.00 $48,276.00 $17,106.76 $205,403.76 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2023
$117,172.00 $0.00 $18,562.00 $135,734.00 $39,050.00 $28,649.70 $203,433.70 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2021
$128,604.09 $0.00 $9,133.37 $137,737.46 $57,132.30 0 $194,869.76 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2018
$124,836.00 $0.00 $7,095.00 $131,931.00 $61,504.00 0 $193,435.00 Smith Haley N
Favre-Smith
Business License
Administrator
Santa Monica, 2017
$123,390.00 $0.00 $7,115.00 $130,505.00 $60,946.00 0 $191,451.00 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2016
$120,912.00 $0.00 $6,062.00 $126,974.00 $57,723.00 0 $184,697.00 Haley FavreSmith
Business License
Administrator
Santa Monica, 2015
$117,708.00 $0.00 $5,162.00 $122,870.00 $54,115.00 0 $176,985.00 Jeremy
Hamilton
Business License
Liaison
Moreno Valley, 2021
$74,571.00 $3,834.00 $6,639.00 $85,044.00 $77,003.55 0 $162,047.55 Casey L
Andrade
Business License
Supervisor
Santa Monica, 2023
$84,508.00 $1,495.00 $17,696.00 $103,699.00 $42,427.00 $15,748.62 $161,874.62 Report Ad
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ATTACHMENT A

Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
Haley FavreSmith
Business License
Administrator
Santa Monica, 2014
$105,458.00 $0.00 $5,727.00 $111,185.00 $50,021.00 0 $161,206.00 Racheal B
Cravitz
Business License
Supervisor
Huntington Beach,
2020
$90,383.00 $322.00 $249.00 $90,954.00 $39,228.00 $25,466.10 $155,648.10 Leslie Andrews
Business License
Coordinator
Palmdale, 2022
$74,346.00 $70.00 $4,189.00 $78,605.00 $16,744.00 $60,023.31 $155,372.31 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2018
$97,854.45 $0.00 $1,898.80 $99,753.25 $37,619.82 $17,113.49 $154,486.56 Wendy J
Anderson
Business License
Program Spec
Pleasanton, 2022
$111,279.20 $0.00 $2,164.00 $113,443.20 $40,604.23 0 $154,047.43 Eileen L Precie
Business License
Supervisor
Ontario, 2020
$55,657.88 $0.00 $69,890.01 $125,547.89 $21,638.92 $6,814.52 $154,001.33 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2020
$107,836.81 $0.00 $0.00 $107,836.81 $40,967.36 0 $148,804.17 Vincent Pizzo
Business License
Inspector
Monterey, 2023
$83,350.00 $0.00 $4,601.00 $87,951.00 $22,446.00 $37,277.44 $147,674.44 Wendy J
Anderson
Business License
Program Spec
Pleasanton, 2021
$107,044.00 $0.00 $0.00 $107,044.00 $40,479.37 0 $147,523.37 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2017
$95,009.70 $0.00 $1,843.60 $96,853.30 $43,142.91 $7,142.80 $147,139.01 Karla Robles
Business License
Specialist
Richmond, 2023
$75,143.00 $3,364.00 $2,253.00 $80,760.00 $63,792.00 0 $144,552.00 Report Ad
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ATTACHMENT A

Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
B Rodriguez
Business License
Enforcement Officer
Huntington Park, 2020
$63,261.00 $3,963.00 $19,386.00 $86,610.00 $33,177.00 $24,468.89 $144,255.89 Kim M Engel
Business License
Supervisor
Huntington Beach,
2022
$94,856.00 $0.00 $1,823.00 $96,679.00 $47,309.00 0 $143,988.00 Casey L
Andrade
Business License
Supervisor
Santa Monica, 2022
$77,119.25 $3,624.87 $6,872.56 $87,616.68 $38,376.67 $16,120.79 $142,114.14 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2016
$92,144.61 $0.00 $0.00 $92,144.61 $49,829.16 0 $141,973.77 Wendy
Anderson
Business License
Program Spec
Pleasanton, 2019
$100,782.47 $0.00 $1,682.24 $102,464.71 $39,502.32 0 $141,967.03 Karla Robles
Business License
Specialist
Richmond, 2021
$64,168.00 $3,934.00 $8,495.00 $76,597.00 $64,339.00 0 $140,936.00 Karla Robles
Business License
Specialist
Richmond, 2022
$67,749.00 $521.00 $4,251.00 $72,521.00 $65,644.00 0 $138,165.00 Haley N FavreSmith
Business License
Administrator
Santa Monica, 2013
$98,874.00 $0.00 $2,630.00 $101,504.00 $36,329.00 0 $137,833.00 Veretta D
Edwards
Business License
Specialist
Richmond, 2019
$69,577.92 $0.00 $493.68 $70,071.60 $49,489.31 $18,250.57 $137,811.48 Angie Tart
Senior Business
License Office
Cerritos, 2023
$75,782.00 $0.00 $1,471.00 $77,253.00 $35,112.00 $25,366.42 $137,731.42 Shauna Vuoti
Business License
Officer
San Marcos, 2023
$75,378.00 $0.00 $1,473.00 $76,851.00 $31,937.00 $28,126.95 $136,914.95 Report Ad
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___

ATTACHMENT A

Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
Robin R Herman
Business License
Inspector
Santa Monica, 2023
$82,065.00 $0.00 $15,845.00 $97,910.00 $23,368.00 $15,278.14 $136,556.14 Wendy J
Anderson

BUSINESS LICENSE

PROGRAM SPEC
Pleasanton, 2015
$87,638.42 $0.00 $0.00 $87,638.42 $48,270.80 0 $135,909.22 Kim M Engel
Business License
Supervisor
Huntington Beach,
2023
$91,685.00 $0.00 $5,446.00 $97,131.00 $36,494.00 $2,028.45 $135,653.45 Karla Robles
Business License
Specialist
Richmond, 2020
$68,108.85 $0.00 $0.00 $68,108.85 $67,193.98 0 $135,302.83 Racheal B
Cravitz
Business License
Supervisor
Huntington Beach,
2019
$79,037.00 $28.00 $240.00 $79,305.00 $34,207.00 $21,499.04 $135,011.04 Minerva Guadal
Bonilla-Gamboa
Business License
Supervisor
Rancho Cucamonga,
2021
$71,849.00 $0.00 $15,513.00 $87,362.00 $47,187.00 0 $134,549.00 Amber Abeyta
Business License
Officer
Arcadia, 2021
$76,938.21 $495.90 $23,650.79 $101,084.90 $33,045.47 0 $134,130.37 Karla M Robles
Business License
Specialist
Richmond, 2019
$60,152.56 $622.43 $1,946.00 $62,720.99 $53,689.22 $17,413.48 $133,823.69 Cecilia Y. MacIel
Business License
Specialist
Ontario, 2021
$82,696.91 $5,759.41 $12,539.90 $100,996.22 $27,574.43 $4,564.11 $133,134.76 Mary E Garcia
Business License
Specialist Ii
Carson, 2022
$82,331.29 $0.00 $15,269.33 $97,600.62 $34,217.21 $1,047.81 $132,865.64 Report Ad
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___

ATTACHMENT A

Name Job title Regular
pay
Overtime
pay
Other pay Total pay Benefits Pension
debt
Total pay &
benefits
Valerie M Lua
George
Business License
Specialist Ii
Carson, 2022
$80,146.21 $0.00 $16,820.09 $96,966.30 $34,432.25 $1,041.40 $132,439.95 Shauna Vuoti
Business License
Officer
San Marcos, 2021
$69,215.00 $0.00 $8,091.00 $77,306.00 $29,114.00 $25,829.93 $132,249.93 Cesar Lucrecio
Business License
Technician
Coachella City, 2021
$71,157.00 $1,126.00 $9,289.00 $81,572.00 $32,318.00 $17,751.51 $131,641.51 Shauna Vuoti
Business License
Officer
San Marcos, 2022
$74,232.00 $0.00 $1,619.00 $75,851.00 $29,753.00 $25,966.87 $131,570.87 Jason Hogan
Business License
Inspector
Westminster, 2022
$67,907.00 $0.00 $21,295.00 $89,202.00 $17,748.00 $23,861.19 $130,811.19 Deedra M
Touschner
Business License
Enforcement Officer
Lancaster, 2015
$86,886.00 $0.00 $1,617.00 $88,503.00 $41,702.00 0 $130,205.00 « Previous Next »
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ATTACHMENT A

CONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: ROCKY WENRICK, CHIEF OF POLICE
DATE: OCTOBER 2, 2023
SUBJECT: APPROVE A 3-YEAR AGREEMENT BETWEEN THE CITY OF AZUSA AND INTER-CON SECURITY SYSTEMS, INC. FOR ONGOING PARKING

ENFORCEMENT SERVICES
BACKGROUND:

Since 2018, Inter-Con Security Systems, Inc. has been contracted to provide parking enforcement in the City of Azusa. The service has proven to be reliable, with Inter-Con staff issuing approximately 900 parking citations monthly.

The current agreement between the City of Azusa and Inter-Con Security Systems expired on June 30, 2023. A contract for continued parking enforcement service is required. This action approves a 3-year Agreement between the City of Azusa and Inter-Con Security Systems for Parking Enforcement Services with the option for two (2) one (1) year extensions.

RECOMMENDATIONS:

Staff recommends the City Council take the following actions:
1) Approve a 3-year Agreement between the City of Azusa and Inter-Con Security Systems, Inc. for parking enforcement services with the option for two (2) one (1) year extensions. 2) Authorize the City Manager, or designee, to execute the Agreement, in a form acceptable to the City Attorney, on behalf of the City, and approve subject to non-substantive changes approved by the City Attorney and City Manager.

ATTACHMENT B

ANALYSIS:

Inter-Con Security Systems, Inc. is a leading U.S. owned Security Company, which provides a full range of physical security services to government and commercial customers. Parking enforcement is one of the many services they offer. In addition to providing parking enforcement services to the City of Azusa, Inter-Con Security Systems provide unarmed security services to our city facilities. They continue to contract with several other cities in the region as well.

On June 18, 2018 the City Council approved a 3-year agreement with Inter-Con Security Systems, Inc. to provide parking enforcement in the City of Azusa. The contract and franchise agreement includes an option for it to be extended for two additional one-year extensions by mutual agreement of both parties.

The first one-year extension was approved on July 1, 2021 and expired on June 30, 2022. The second and final extension allowed under the original 2018 contract and franchise agreement was effective July 1, 2022 and expired June 30, 2023.

The parking enforcement conducted by Inter-Con employees under this agreement is limited to California Vehicle Code Sections and Azusa Municipal Code Sections related to on-street parking laws and posted off-street parking lot violations such as, parking in excess of 72 hours, prohibited signs/markings, limited or restricted parking, and parking in alley’s just to name a few. Parking enforcement officers will be under the direct supervision and follow the direction of the police watch commander. The service has proven to be reliable, with Inter-Con staff issuing approximately 900 parking citations monthly. Inter-Con Security currently provides contact Security Services to the City of Azusa in addition to contract parking enforcement. By entering into this contract, it allows Inter-Con to cross train employees to handle both security services and parking enforcement services for the City of Azusa.

FISCAL IMPACT:

Approval of this contract is expected to have a positive impact on the General Fund. The annual cost of the Service Agreement with Inter-Con Security Systems, Inc. will not exceed $202,800.00 in year one.

Citation revenues generated by this program are expected to fully cover the cost of the contract and likely generate additional revenues above the contract cost. $196,042.00 was included in the FY2023-24 Proposed Budget under account 10-20-333-000-6498, and the difference of $6,758.00 will be transferred to the FY 2023-24 budget after adoption.

Prepared by: Reviewed and Approved:

Thomas Avila Rocky Wenrick
Lieutenant Chief of Police

Fiscal Impact Reviewed by: Reviewed and Approved:

Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment: Proposed Inter-Con Security Systems, Inc. parking enforcement extension

ATTACHMENT B

Parking Enforcement 5-Year Cost Proposal|
Inter-Con Security Systems, Inc.

JULY 28, 2023
Attachment 1

ATTACHMENT B

EXECUTIVE SUMMARY
On December 12, 2022, ahead of the end of our contract year on July 1st, 2023, and in anticipation of a contract extension, Inter-Con submitted a modification request representing a wage and rate increase in-line with inflation at the time. After July 1st, 2023, the City chose not to extend our contract for another year and requested a cost proposal for the next five years, which we are pleased to present here.

Inter-Con’s proposal for a new five-year contract is based on a wage realignment with the local market. Azusa Parking personnel currently earn just $17.65/hour while the median wage for personnel in this industry has increased to $20.16/hour. Furthermore, many other parking programs in the Los Angeles County and the San Gabriel Valley now pay $20.00/hour, with grave shift positions paid as high as $27.00/hour.

Given this significant shift in the labor market for parking enforcement, Inter-Con has proposed a starting wage of $20.00/hour in the first year of the program. Each year thereafter, we have increased wages by $0.75/hour, which represents between a 3.4% and 3.8% increase each year – a figure we believe should track with inflation over the next five years.

PROPOSED RATES & BUDGET
Our proposed rates and budget for the next five years is shown below.

Year One
Labor Categories Hourly
Pay Rate
Hourly
Bill Rate
Weekly
Hours
Annual
Hours
Weekly
Cost
Annualized
Cost
Parking Enforcement Rep. A $20.00 $48.75 40 2,080 $1,950.00 $101,400.00 Parking Enforcement Rep. B $20.00 $48.75 40 2,080 $1,950.00 $101,400.00 Totals 80 4,160 $3,900.00 $202,800.00
Year Two
Labor Categories Hourly
Pay Rate
Hourly
Bill Rate
Weekly
Hours
Annual
Hours
Weekly
Cost
Annualized
Cost
Parking Enforcement Rep. A $20.75 $50.58 40 2,080 $2,023.20 $105,206.40 Parking Enforcement Rep. B $20.75 $50.58 40 2,080 $2,023.20 $105,206.40 Totals 80 4,160 $4,046.40 $210,412.80
Year Three
Labor Categories Hourly
Pay Rate
Hourly
Bill Rate
Weekly
Hours
Annual
Hours
Weekly
Cost
Annualized
Cost
Parking Enforcement Rep. A $21.50 $52.40 40 2,080 $2,096.00 $108,992.00 Parking Enforcement Rep. B $21.50 $52.40 40 2,080 $2,096.00 $108,992.00 Totals 80 4,160 $4,192.00 $217,984.00
Year Four
Labor Categories Hourly
Pay Rate
Hourly
Bill Rate
Weekly
Hours
Annual
Hours
Weekly
Cost
Annualized
Cost
Parking Enforcement Rep. A $22.25 $54.23 40 2,080 $2,169.20 $112,798.40 Parking Enforcement Rep. B $22.25 $54.23 40 2,080 $2,169.20 $112,798.40 Totals 80 4,160 $4,338.40 $225,596.80

ATTACHMENT B

Year Five
Labor Categories Hourly
Pay Rate
Hourly
Bill Rate
Weekly
Hours
Annual
Hours
Weekly
Cost
Annualized
Cost
Parking Enforcement Rep. A $23.00 $56.06 40 2,080 $2,242.40 $116,604.80 Parking Enforcement Rep. B $23.00 $56.06 40 2,080 $2,242.40 $116,604.80 Totals 80 4,160 $4,484.80 $233,209.60
Grand Total 5-year Cost $1,090,003.20

PASS-THROUGH MEDICAL COST ESTIMATE
Due to the enactment of the Affordable Care Act (“ACA”) and the mandate that employers provide medical insurance to all employees working more than thirty hours per week, the City agrees to pay 100% of the direct pass-through costs for all employees working more than thirty hours per week who enroll in the medical plan. The current plan offered to employees is ACA-compliant and provided by Aetna.

Position Full Time
Employees*
Monthly
Premium** Annual Cost
Parking Enforcement Rep. 0 $442.98 $0.00
*No employees are currently enrolled in the program.
** Subject to change every January 1st. Our expected cost for this program eff. January 1st, 2024, will be $460.70.

POST EXHIBIT
Labor Classification Schedule Sun Mon Tues Wed Thu Fri Sat Total HPW** Parking Enforcement Rep. A 06:30 - 04:30* - - 10 10 10 10 - 40 Parking Enforcement Rep. B 06:30 - 04:30* - 10 10 10 10 - - 40 Total Hours per Week 80
*Schedule includes a 30-min unpaid meal break. **Post exhibit reflects current staffing and hours per week, which are reduced due to COVID.

PRICE ASSUMPTIONS
• All full-time employees receive a holiday benefit of eight (8) paid hours, included in the bill rate. Inter-Con recognizes ten (10) holidays for City of Azusa Parking Enforcement employees: New Year’s Day, MLK Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.
• Forty (40) hours of paid time off (PTO) are provided to every full-time employee. • Sick leave of twenty-four (24) hours for part-time employees to match the requirements of CA sick leave law. • Forty (40) hours of new hire training included in the bill rate. • Uniform costs included in the rate.
• Two (2) vehicles and all associated costs are included in the bill rate. • Overtime or Temporary Additional Services incurred outside the scope of the weekly hours quoted above will be billed out an OT rate at 1.5x the regular rate.

ATTACHMENT B

City of South El Monte
Fiscal 2025-2026 Budget
Recommended Budget Adjustments Worksheet
General Fund Revenues
Proposed Budget Discussed at the 6/3/25 Annual Budget Study Session $ 26,283,782 Adjustments
Business license revenues 89,091
New Position - Transportation Coordinator (90% funded by Prop A) 80,431 Total adjustments 169,522
Adjusted General Fund Revenues 26,453,304
General Fund Expenditures
Proposed Budget Discussed at the 6/3/25 Annual Budget Study Session (26,732,526) Adjustments
Professional Services - Tierra West Advisors, Inc. (50,000) Professional Services - Townsend Public Affairs (50,000) New Position - Transportation Coordinator (90% funded by Prop A) (89,368) Revert Full-Time Equipment Mechanic to Part-Time 64,444 City Councilmembers conferences and seminars 40,000
City-wide employees' conferences and seminars 35,065
Scanning Services - ECS 35,000
Cleaning Services - Base Hill, Inc. 38,980
Correction for vacant position health insurance estimate 18,501 Scale down of software licenses 3,600
Medical Opt-Out? (See Note 1) -
Other -
Total adjustments 46,222
Adjusted General Fund Expenditures (26,686,304)
General Fund Net Deficit / Reserves Applied $ (233,000) Note 1: Total health insurance cost budgeted for FY25-26 is $1,447,394 broken out as follows:

Opt-Out 2 employees at $0 $ -
Opt-Out 1 employee at $1,200 (Receive $100 per month instead) $ 1,200 Opt-Out 2 employees at $7,200 (Receive $600 per month instead) $ 14,400 One 20 employees at $11,563.24 $ 231,265
One 2 employees at $15,164.76 $ 30,330
Two 9 employees at $23,126.49 $ 208,138
Family 32 employees at $30,064.41 $ 962,061
$ 1,447,394
For example, if the City adopts 65% medical opt-out plan, for every employee with a family plan who opt-out, the City could save 35% or $10,523 ($30,064 x 0.35 = $10,523).

ATTACHMENT C

City Council Agenda Report
Agenda Item No. 10.b.

DATE: June 17, 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.
25-056, ADOPTING THE CITY'S FISCAL YEAR (FY) 2025-26

GANN APPROPRIATION LIMIT
SUMMARY: A Resolution to approve the FY 2025-26 for the City of South El Monte pursuant to Article XIIIB of the State of California Constitution.

RECOMMENDED ACTION: City staff recommends City Council adopt Resolution No. 25-056, establishing the City’s Appropriation (Gann) Limit at $195,006,820 for FY 2025-

26. FISCAL/FINANCIAL IMPACT: None. This is a statutory calculation to adopt the City’s annual General Fund spending limit.

DISCUSSION: In November 1979, the State of California approved Proposition 4, which created Article XIIIB of the State Constitution that imposed restrictions on the amount of revenue that may be appropriated in any fiscal year. This annual calculation is referred to as the “Appropriation Limit”, or more commonly as the “Gann Limit”, named after Paul Gann, who sponsored Proposition 4 and was also the co-author of Proposition 13.

Because the language in Article XIIIB was extremely vague and did not allow for the substantial economic changes that occurred in the State during the late 1980’s, California voters approved Proposition 111 eliminating much of the ambiguity and it provided new adjustment factors that made the appropriation limit more responsive to the local growth issues.

Staff has prepared the FY 2025-26 Gann Limit calculation using the appropriation limit adjustment factors and has summarized them. The City’s spending limit is substantially less than the statutory limit. The adoption of this spending limit is an administrative requirement that is required by State law.

Staff report prepared by Teresa Garcia, Accounting Manager.

ATTACHMENT(S):

A. Resolution No. 25-056 - FY2025-26 Appropriation Limit B. Exhibit A to Resolution

RESOLUTION NO. 25-056

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ESTABLISHING THE FISCAL YEAR 2025-26 APPROPRIATIONS LIMIT

FOR THE CITY PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA

CONSTITUTION
WHEREAS, the voters of the State of California in November 1979 added Article XIIIB (Proposition 4) to the State Constitution placing various limitations on the appropriations of the State and local governments; and
WHEREAS, the voters of the State of California in June 1990 modified Article XIIIB by approving Proposition 111, which revised the annual adjustment factors to be applied to the 1986- 87 limit and each year thereafter; and
WHEREAS, the City of South El Monte has complied with all provisions of Article XIIIB in determining the Appropriation Limit for the 2025-26 fiscal year.

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

SECTION 1. The Appropriation Limit for the 2025-26 Fiscal Year shall be $195,006,820 for the City as determined by Exhibit A attached hereto.

SECTION 2. The Fiscal Year 2025-26 appropriation limit was calculated using the increase in the County of Los Angeles population as the population factor and the increase in the California per capita personal income as the price factor.

SECTION 3. The population factor and the price factor used are as reported by the State Department of Finance.

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

PASSED, APPROVED AND ADOPTED this 17th day of June 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. 25-056, was duly passed and approved by the South El Monte City Council at a Regular meeting of said Council held on the 17th day of June 2025, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Adrian Garcia, MMC, City Clerk

Exhibit A to Resolution
CITY of SOUTH EL MONTE
Article XIIIB Appropriations Limit
Fiscal Year 2025-2026
Appropriations Limit
A. Fiscal Year 2024-2025 Limit 182,659,067
B. Adjustment Factors:

1. Population % 1.00300

2. Inflation % 1.06440
Total Adjustment % 1.06760
C. Annual Adjustment $ 12,347,753
D. Fiscal Year 2025-2026 Limit 195,006,820

Percentage Change in Population % Change Factor
City of South El Monte -0.02% 0.99980
County of Los Angeles 0.30% 1.00300
Population Factor Selected:

County of Los Angeles 1.00300
Percent Change in Price % Change Factor
California Per Capita Personal Income 6.44% 1.06440
Non-Residential Assessed Valuation 1.46% 1.01460
Price Factor Selected:

California Per Capita Personal Income 1.06440
CITY of SOUTH EL MONTE
Article XIIIB Appropriations Limit
Fiscal Year 2025-2026
Appropriation Limit Adjustment Factors

May 2025
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025-26. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025-26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.

Article XIII B, Section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE STEPHENSHAW
Director
By:

ERIKA LI
Chief Deputy Director
Attachment

May 2025
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2025-26 6.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025-26:

Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent
Per Capita Cost of Living converted to a ratio: 6.44 + 100 = 1.0644 100
Population converted to a ratio: 0.28 + 100 = 1.0028
100
Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674

FISCAL YEAR 2025-26 About the Data
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County
Percent
Change
24-25
Population
Minus
Exclusions 1-
1-24
Population
Minus
Exclusions
1-1-25
Total
Population
1-1-25
Los Angeles City Los Angeles 0.44 3,813,575 3,830,479 3,835,263 Lynwood City Los Angeles 0.45 66,360 66,660 66,660
Malibu City Los Angeles -0.18 10,623 10,604 10,604
Manhattan Beach City Los Angeles -0.18 34,111 34,051 34,051 Maywood City Los Angeles -0.25 24,557 24,496 24,496
Monrovia City Los Angeles 1.94 38,181 38,920 38,920
Montebello City Los Angeles 0.79 62,243 62,732 62,732
Monterey Park City Los Angeles -0.13 59,342 59,262 59,269 Norwalk City Los Angeles -0.32 100,585 100,265 101,075
Palmdale City Los Angeles 0.31 166,580 167,097 167,097
Palos Verdes Estates City Los Angeles -0.12 13,014 12,999 12,999 Paramount City Los Angeles -0.08 52,415 52,371 52,371
Pasadena City Los Angeles 0.41 140,054 140,631 140,631
Pico Rivera City Los Angeles 0.00 60,859 60,858 60,858
Pomona City Los Angeles 0.68 152,005 153,042 153,042
Rancho Palos Verdes City Los Angeles -0.25 40,831 40,727 40,727 Redondo Beach City Los Angeles -0.33 68,319 68,091 68,091 Rolling Hills City Los Angeles 0.24 1,673 1,677 1,677
Rolling Hills Estates City Los Angeles -0.14 8,557 8,545 8,545 Rosemead City Los Angeles 0.41 50,296 50,501 50,501
San Dimas City Los Angeles -0.05 34,226 34,209 34,209
San Fernando City Los Angeles 0.62 23,546 23,692 23,692 San Gabriel City Los Angeles 1.00 38,569 38,953 38,953
San Marino City Los Angeles -0.09 12,341 12,330 12,330
Santa Clarita City Los Angeles 0.35 231,573 232,377 232,377 Santa Fe Springs City Los Angeles 0.90 18,341 18,506 18,680 Santa Monica City Los Angeles 0.19 93,034 93,212 93,212 Sierra Madre City Los Angeles -0.30 10,903 10,870 10,870 Signal Hill City Los Angeles -0.31 11,457 11,421 11,421 South El Monte City Los Angeles -0.02 19,538 19,535 19,535 South Gate City Los Angeles 0.08 92,883 92,955 92,955
South Pasadena City Los Angeles 0.06 26,272 26,287 26,287 Temple City Los Angeles 0.70 36,069 36,322 36,322
Torrance City Los Angeles -0.10 143,410 143,261 143,261 Vernon City Los Angeles -0.48 208 207 207
Walnut City Los Angeles 0.74 28,008 28,214 28,214
West Covina City Los Angeles -0.21 109,657 109,428 109,428 West Hollywood City Los Angeles 0.10 35,250 35,284 35,284 Westlake Village City Los Angeles -0.31 7,943 7,918 7,918 Whittier City Los Angeles 0.03 87,820 87,850 87,850
Unincorporated Los Angeles 0.18 1,001,862 1,003,674 1,004,490 Incorporated Los Angeles 0.31 8,834,429 8,861,693 8,872,321 County Total Los Angeles 0.30 9,836,291 9,865,367 9,876,811 Chowchilla City Madera -1.64 13,729 13,504 18,742
Madera City Madera -0.85 67,013 66,443 66,443
Unincorporated Madera 2.24 75,718 77,414 77,414
Incorporated Madera -0.98 80,742 79,947 85,185
County Total Madera 0.58 156,460 157,361 162,599
Belvedere City Marin 0.29 2,052 2,058 2,058
Corte Madera City Marin 0.09 9,947 9,956 9,966

FISCAL YEAR 2025-26 About the Data
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 City County
Percent Change
24-25
Population
Minus
Exclusions
1-1-24
Population
Minus
Exclusions 1-
1-25
Total
Population 1-
1-25
Incorporated Alameda 0.37 1,507,666 1,513,172 1,514,836 County Total Alameda 0.31 1,655,644 1,660,751 1,662,482 County Total Alpine -0.42 1,181 1,176 1,177
Incorporated Amador -0.88 13,964 13,841 17,715
County Total Amador -1.34 36,131 35,646 39,563
Incorporated Butte 2.67 149,856 153,863 153,863
County Total Butte -0.17 207,873 207,525 207,525
Incorporated Calaveras -0.42 3,585 3,570 3,570
County Total Calaveras -0.23 44,768 44,666 44,722
Incorporated Colusa -0.32 12,164 12,125 12,125
County Total Colusa -0.30 22,093 22,026 22,026
Incorporated Contra Costa 0.03 981,987 982,308 982,308
County Total Contra Costa 0.00 1,158,165 1,158,141 1,158,225 Incorporated Del Norte -0.69 4,064 4,036 6,056
County Total Del Norte -1.32 24,802 24,475 26,544
Incorporated El Dorado 0.01 31,650 31,654 31,664
County Total El Dorado 0.08 190,512 190,663 190,770
Incorporated Fresno 0.97 863,943 872,318 876,849
County Total Fresno 0.84 1,022,826 1,031,466 1,037,053
Incorporated Glenn 1.36 14,975 15,179 15,179
County Total Glenn 1.35 28,979 29,369 29,369
Incorporated Humboldt 0.36 62,966 63,191 63,346
County Total Humboldt -0.22 133,591 133,298 133,817
Incorporated Imperial 1.06 147,725 149,297 151,728
County Total Imperial 0.98 179,096 180,854 186,499
Incorporated Inyo -0.10 3,854 3,850 3,850
County Total Inyo -0.27 18,792 18,742 18,800
Incorporated Kern 1.09 598,320 604,862 617,253
County Total Kern 0.74 902,508 909,213 923,961
Incorporated Kings 1.98 109,956 112,128 123,857
County Total Kings 1.88 135,091 137,628 154,015
Incorporated Lake 0.57 21,436 21,559 21,559
County Total Lake -0.24 67,325 67,166 67,254
Incorporated Lassen 1.90 9,199 9,374 12,270
County Total Lassen 1.82 24,001 24,438 28,716
Incorporated Los Angeles 0.31 8,834,429 8,861,693 8,872,321 County Total Los Angeles 0.30 9,836,291 9,865,367 9,876,811 Incorporated Madera -0.98 80,742 79,947 85,185
County Total Madera 0.58 156,460 157,361 162,599

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City Council Agenda Report
Agenda Item No. 10.c.

DATE: June 17, 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 OF APPOINTMENTS TO HOMELESS

COMMISSION
SUMMARY: Appointments to be made to the Homeless Commission, which is a fivemember commission.

RECOMMENDED ACTION: Staff recommends City Council consider appointing five individuals seeking appointment to the Homeless Commission.

FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.

DISCUSSION: A "Notice of Vacancy" was posted on the City's webpage on April 2, 2025, with a deadline to submit applications through Wednesday, April 30, 2025, by 5:30 p.m.

An additional "Notice of Vacancy" was posted on May 5, 2025, extending the deadline to Thursday, May 29, 2025, by 5:30 p.m.

The Homeless Commission is a five-member commission consisting of five city residents appointed by the majority of the City Council. This appointment is for a term ending January 31, 2026. The Homeless Commission acts in an advisory capacity to the City Council. Seven (7) applicants were received.

Seeking appointment:
• Michael Short
• Roberto Yrigoyen
• Joshua Jasso-Ortega
• Adrean Flores
• Rudy Leija
• Maria Eunkyu Heng
• Eunice Santillan

ATTACHMENT(S):

A. Homeless Commission Applications

City Council Agenda Report
Agenda Item No. 13.a.

DATE: June 17, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: COUNCILMEMBER MANUEL ACOSTA

1. Discussion/Action: An ordinance be written to mitigate foul odors of tobacco and marijuana smoke.

2. Discussion/Action: Consider holding a Town Hall meeting with experts and organizations that have direct
experience with cannabis and the impact cannabis
businesses have on a community.

SUMMARY:

1. Discussion/Action/Direction: There are several city ordinances that target public nuisance, which are actions that unreasonably interfere with a right that the general public shares in common. It can involve various activities that affect the public's health, safety, comfort, or property. Some examples include major health hazards, like unsafe food storage, or unsanitary conditions that can endanger the public's health; excessive noise that disrupts the peace and quiet of a neighborhood, such as loud music, barking dogs, or construction noise; and foul odors emanating from a property that affect the surrounding area. So my question is, can tobacco smoke or marijuana smoke emanating from a place of business, public space, or private yard be considered public nuisance. And can an ordinance be written to mitigate foul odors of tobacco and marijuana smoke?

2. Discussion/Action: On the March 18, 2025 City Council meeting, Mayor Pro Tem Hector Delgado proposed “changing the distance requirement for cannabis in order to align with California state standard.” The California state standard, also known as a buffer zone, is 600 feet from a sensitive zone. A sensitive zone refer to specific locations where cannabis businesses are typically restricted or subject to buffer distance requirements, and include schools, libraries, day care centers, youth centers, parks, churches, residential neighborhoods, and drug rehabilitation and treatment centers. While the state establishes baseline requirements, local governments in California can modify the buffer distances and add other sensitive

locations based on their specific needs and concerns. Currently, the buffer zone in South El Monte, established and approved by the City Council on August 2, 2022, is 1,000 feet. It was established because local governments have the legal authority to establish the buffer distances between cannabis businesses and sensitive zones. To add context, there are many California cities that have a 1,000 foot buffer distance or zone; most notably, they are San Diego City and County, San Luis Obispo, San Jose, and Long Beach. There are even cities that prohibit commercial cannabis activities, such as the neighboring cities of Rosemead, Temple City, Pico Rivera, Whittier, Industry, West Covina, and Monterey Park.

Another thing to note, Measure CM that passed by a slim margin, 53.6% to 46.4%, on the November 2022 general municipal election, allows up to three (3) cannabis businesses in South El Monte. Measure X, which would have allowed up to ten (10) cannabis businesses, did not obtain voter approval in the same November 2022 election. The current South El Monte cannabis zoning map with a 1,000 foot buffer distance allows for four (4) cannabis businesses in CommercialManufacturing zones and twelve (12) in Manufacturing zones in South El Monte.

Lowering the buffer distance to match the California state standard of 600 feet, will allow for twenty-four (24) cannabis businesses in Commercial-Manufacturing zones and two-hundred fifty (250) in Manufacturing zones in South El Monte. As we evaluate “changing the distance requirement for cannabis in order to align with California state standard,” the city council should consider holding a townhall meeting with experts and organizations that have direct experience with cannabis and the impact cannabis businesses have on a community.

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 13.b.

DATE: June 17, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: MAYOR GLORIA OLMOS
Discussion/Action: Consideration of purchasing benches with handles to be placed at the Community Center.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None