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of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium 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 non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial,
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administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) 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;
(b) 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;
(c) 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, 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
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Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
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(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 for the default. The notice shall include the timeframe in which Consultant may cure the
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default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
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specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 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.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 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.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the 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.
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
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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, 6330 Pine Avenue, South El Monte, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
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
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:
Adrian Garcia, City Clerk
APPROVED AS TO FORM:
OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
Susie Altamirano, 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.
01257.0001/695512.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Annual Comprehensive Financial Report (ACFR) Audit
B. Single Audit
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. PDF or another format agreeable to the City of the ACFR and Single Audit Report
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Communication required or recommended between the auditor and those charged with governance and/or management
B. Briefing on any new auditing our accounting standards that the auditor believes management should be aware of.
C. Briefing on any new regulatory standards, tax laws, or industry best practices that the auditor would like to share with management for continuous improvement.
IV. All work product is subject to review and acceptance by the City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Employees of Vasquez.
B. Use of a specialist where needed, with prior written permission from the City.
01257.0001/695512.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
I. Section 6.3, “Ownership of Documents,” of the Agreement is hereby amended to read in its entirety as follows:
“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. This provision is not applicable to audit working papers prepared in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants (GAAS) or the standards applicable to financial audits contained in Government Auditing Standards (current edition) issued by the Comptroller General of the United States (GAGAS)." II. Section 5.2, “General Insurance Requirements,” sub-section (f), “Waiver of subrogation,” of the Agreement is hereby amended to start with an exception as follows:
(f) Waiver of subrogation. Except for professional liability insurance, 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
01257.0001/695512.1 B-2
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
01257.0001/695512.1 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 1.9.
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.
01257.0001/695512.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Auditing
Services
Deadline Date
A. Task A 6/30/25
Engagement
12/31/25 for
ACFR; 3/31/26
for Single Audit
B. Task B 6/30/26
Engagement
12/31/26 for
ACFR; 3/31/27
for Single Audit
C. Task C 6/30/27
Engagement
12/31/27 for
ACFR; 3/31/28
for Single Audit
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.
City Council Agenda Report
Agenda Item No. 7.g.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-067, NOTICE OF INTENT TO VACATE SLOPE EASEMENT
AT 1606 DURFEE AVENUE
SUMMARY: Thomas Co (“Owner”) has requested the vacation of the Slope Easement as more specifically described and depicted in Attachment “B”.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 067, to vacate the Slope Easement at 1606 Durfee Avenue and authorize City Staff to proceed with Slope Easement vacation.
FISCAL/FINANCIAL IMPACT: There will be no fiscal impact with this action.
DISCUSSION: In 1956, Los Angeles County acquired a Slope Easement for public road and highway purposes as filed on October 18, 1956, and entered on October 19, 1956, in Judgement Book 3176, Page 68 per FC. 597943, Final Order of Condemnation. The Slope Easement was recorded in Book 52727, PG 330 of official records, as more specifically described and depicted in Attachment “B”. With the incorporation of the City of South El Monte in 1958, the Slope Easement became that of the City of South El Monte.
Pursuant to California Streets & Highways Code Sections 8300, et seq., a public street, highway, or service easement may be vacated or abandoned by the initiation of the City Council or by privately initiated requests where interested persons petition or request that the City Council vacate a city street, highway, or public use easement.
Here, Thomas Co, property owner, has requested the Slope Easement be vacated. Staff has reviewed the documents Thomas Co. provided and has determined that the Slope Easement is unnecessary for present or prospective public use. Pursuant to California Streets & Highways Code Sections 8330 et seq., summary vacation is proper because the easement has not been used for the purpose for which it was dedicated or acquired within the past five consecutive years, the easement is unneeded excess for the City, and there are no public facilities utilities within the easement.
Vacating the Slope Easement is not considered a “project” under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and is therefore not subject to environmental review.
ATTACHMENT(S):
A. Final Order of Condemnation BK 52727 PG 330
B. Legal Description and Map
C. Resolution No. 25-067
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
RESOLUTION NO. 25-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH EL MONTE, CALIFORNIA ORDERING THE
VACATION OF THE SLOPE EASEMENT AT 1606 DURFEE
AVENUE
WHEREAS, California Streets and Highways Code Section 8330, et seq., provides the summary vacation procedure to vacate the Slope Easement by City Council Resolution; and WHEREAS, Thomas Co (“Owner”), as the owner of the property commonly known as 1606 Durfee Avenue, South El Monte, California, Tract No. 2948, requested the vacation of the Slope Easement, legally described and depicted in Exhibit “A”; and WHEREAS, the County of Los Angeles acquired the Slope Easement for Tract No. 2948, as shown on map recorded in Book 30, Page 48, as filed on October 18, 1956 and entered on October 19, 1956 in Judgement Book 3176, Page 68 per FC. 597943, Final Order of Condemnation; and
WHEREAS, in 1958, when the City of South El Monte was incorporated, the County Slope Easement became a City Slope Easement; and
WHEREAS, the summary vacation procedures under California Streets & Highways Code Sections 8330 et seq. are proper because the easement has not been used for the purpose for which it was dedicated or acquired within the past five consecutive years, the easement is unneeded excess, and there are no public facilities or utilities within the easement area to be vacated.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE THAT:
SECTION 1. The above recitals are hereby declared to be true and correct and are incorporated into this Resolution as findings of the City Council.
SECTION 2. The City Council hereby finds and declares that:
a. There is no present or prospective public use for the Slope Easement or for any other public use of a like nature that can be anticipated; b. The Slope Easement has not been used for the purpose for which it was dedicated or acquired within the past five consecutive years; c. The Slope Easement is unneeded excess for the City; and d. There are no public facilities or utilities within the Slope Easement.
SECTION 3. The City Council further finds and declares that the Slope Easement, as more specifically described and depicted in Exhibit “A”, which is incorporated herein and made a part hereof, is ordered vacated.
SECTION 4. In accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) the City Council finds that vacating this Slope Easement does not qualify as a “project” under CEQA, because a vacation does not authorize specific physical improvements or developments, and future projects would be subject to environmental review under CEQA. Therefore, it can be seen with certainty that vacating the Slope Easement would not result in direct or indirect environmental impact and would not have a significant effect on the environment.
SECTION 5. The City Clerk is hereby directed to record a certified copy of this Resolution with attached exhibits, attested by the City Clerk under seal, in Office of the Recorder of Los Angeles County. Upon recordation, the vacation will be complete.
PASSED, APPROVED AND ADOPTED this 15th day of July, 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, MMC, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-067, was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 17th day of July 2025, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Adrian Garcia, MMC, City Clerk
Successor Agency Agenda Report
Agenda Item No. 8.a.
DATE: July 15, 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 PROPOSED DARK
SUCCESSOR AGENCY MEETING DATE FOR THE MONTH
OF AUGUST 2025
SUMMARY: Staff is requesting the Successor Agency Board "go dark" on Tuesday, August 19, 2025, as the Successor Agency Board will be taking a recess during the month of August 2025.
RECOMMENDED ACTION: Staff recommends the Successor Agency Board approve "going dark" on Tuesday, August 19, 2025.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: Each year during the month of August, the Successor Agency Board takes a recess and does not hold meetings. If there is a need, a special meeting can be held during the month of August.
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 10.a.
DATE: July 15, 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 TWO AGREEMENTS
WITH SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG) TO PARTICIPATE IN THE SGV WORK FORCE
PROGRAM
SUMMARY: The San Gabriel Valley Council of Governments (SGVCOG) launched the SGV Works workforce development program to provide paid employment and supportive services to individuals facing significant barriers to employment. The program originally began through funding secured by Senator Susan Rubio in the 2021 State Budget.
Building on the success of this initiative, SGVCOG has now received $2,000,000 in Federal Community Project Funding—secured through the efforts of Senator Alex Padilla, Representative Grace Napolitano, and Representative Linda Sánchez—to continue and expand the program through March 31, 2026.
RECOMMENDED ACTION: Staff recommends approval of both contracts with SGVCOG to participate in the Work Force program.
FISCAL/FINANCIAL IMPACT: No fiscal impact. The participants in this work force program will be paid from the grant on a reimbursement basis.
DISCUSSION: In alignment with federal funding requirements, SGV Works emphasizes placement into high-quality jobs and pathways that offer growth potential and long-term sustainability. One of these high-growth pathways is local government. The SGVCOG has engaged local jurisdictions in order to identify potential worksites for program participants. The City of South El Monte had expressed interest in serving as a worksite, and the SGVCOG has confirmed its interest in working with the City as well.
As a participating worksite, the City would temporarily hire and employ five (5) program participants for up to 360 hours each. Participants would undergo the City’s standard hiring process and would be placed in various departments, where they would be supervised by City staff. The City would serve as the “employer of record” for each Participant and would be responsible for paying participants’ wages. The SGVCOG’s federal grant provides funding for participants’ wages, so the City would be fully
reimbursed for participants’ wages, with no fiscal impact on the City. Additionally, the City would receive an administrative fee of $750 per participant to partially support onboarding and oversight responsibilities.
The City's participation as a worksite in the SGV Works program would support local workforce development by offering real world job experience to individuals seeking to enter or re-enter the job market and contribute to regional efforts by assisting individuals from underrepresented or disadvantaged backgrounds. It would also provide additional staffing support, for up to 360 hours per participant, at no additional cost to the city.
1. The City would receive an administrative fee of $750 per participant to address some of the City’s administrative duties.
2. There would be no fiscal impact on the City, as all participant wages are covered through the SGVCOG.
To facilitate the City’s participation as an SGV Works worksite, the City would execute two (2) agreements with the SGVCOG. The first agreement would outline the City’s responsibilities as a worksite for the SGV Works Program and that would allow for the City to be reimbursed for participants’ wages, as well as the cost of other supplies and materials that participants might need (Attachment A). The second agreement would provide an administrative fee of $750 per participant (Attachment B). Staff is recommending that the City Council authorize the execution of these agreements to allow for the City to serve as an SGV Works worksite.
SGV Works is designed to connect underserved clients—such as transition-aged youth, unhoused individuals, and justice-involved people to high-quality employment opportunities. The program is designed to provide pathways to sustainable, long-term careers through paid work experience and wrap-around support services such as resume building, skills training, and assistance in accessing continued education or employment.
The SGV Works Program will serve up to 125 clients, with a goal of 110 program completions. Each participant will receive supportive services, necessary training, supplies, and equipment and paid work experience to help them secure unsubsidized employment following the Program. To support this effort, SGVCOG is working with service providers, including Goodwill Southern California and God’s Pantry, to implement the program. These service providers will provide supportive services, including resume and interview preparation, addressing barriers to clients’ employment success, and other support necessary to help the clients secure employment or other opportunities after completing the Program.
Staff recommends approval of both SGVCOG contracts to be able to participate in their SGV Work Force program.
ATTACHMENT(S):
A. Worksite MOA Template
B. Workforce Program Admin MOA Template
C. Exhibit A - Worksite Positions
D. Exhibit B - DOL NOFA
ATTACHMENT A
1596561.1
WORKSITE AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS AND SOUTH EL MONTE FOR THE SGV WORKS
WORKFORCE DEVELOPMENT PROGRAM
This Agreement (“Agreement”) is dated for identification purposes as of July 15, 2025 by and between the XXX (“Worksite”) and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). South El Monte and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:
A. The SGVCOG was established to maximize resources and to improve the quality of life in the San Gabriel Valley; and
B. The SGVCOG established the SGV Works Workforce Development Program (“Program”) to provide supportive services and work experience for individuals with certain barriers to employment in the San Gabriel Valley; and
C. The SGVCOG was awarded Community Project Funding (CPF)/Congressional Directed Spending (CDS), under the direction of the U.S. Department of Labor (“DOL”), to implement the Program and serve up to 125 individuals with barriers to employment, including justice-involved individuals, transition-aged youth, persons experiencing or atrisk of homelessness, and those from disadvantaged communities (“Participants”) by providing access to quality jobs in high-growth sectors such as government, clean energy, and construction; and
D. The SGVCOG has contracted with qualified service providers (“Service Providers”) to provide comprehensive case management and wrap-around supportive services to ensure the Participants’ Program success, and to identify work experience opportunities for each Participant; and
E. The Worksite has expressed willingness to contribute to the Program by providing a Transitional Job for eligible Program participants; and F. A Transitional Job is defined in the Workforce Innovation and Opportunities Act (WIOA) as a time-limited, wage-paid work experience for individuals that have certain barriers to employment and are chronically unemployed or have an inconsistent work history that is designed to establish a work history, provide work experience, and to help develop workplace skills in order to prepare an individual for unsubsidized employment and job retention; and
G. Worksite and SGVCOG desire to set forth the terms of their collaboration with respect to this effort in this Agreement and further agree as follows:
4908-5012-4367, v. 1
I. INCORPORATION OF RECITALS
The above Recitals are made a substantive part of this Agreement.
II. TERM:
A. Except as provided in Subsection B below, the term of this Agreement shall commence upon execution of this Agreement and shall continue through March 31, 2026, or until the completion of all work completed under this Agreement, whichever is sooner. The term of this Agreement may be extended by mutual written agreement of the Parties.
B. Notwithstanding the foregoing, this Agreement shall automatically terminate upon the earlier expiration or termination of the DOL/SGVCOG Grant Agreement (Federal Award Number 24A60CP000298).
III. RESPONSIBILITIES OF THE PARTIES:
A. SGVCOG Responsibilities:
1. Serve as the lead agency responsible for managing the grant funds, ensuring program compliance, coordinating regional partnerships, and overseeing reporting and performance outcomes in accordance with DOL guidelines, in order to ensure successful implementation of the Program.
2. Provide a point-of-contact to serve as the SGVCOG’s Project Manager.
3. Maintain all required records for the Program.
4. Conduct on-site monitoring of the Worksite to ensure compliance with this Agreement.
5. Contract with Service Providers and work with them to ensure the following:
a. Worksite supervisors are oriented to the responsibilities, procedures and operations regarding this Agreement.
b. Worksite assignments are appropriate in terms of meeting Participant's needs.
c. Eligible clients are referred to the Worksite for consideration. d. Applicants are oriented during intake as to their rights and responsibilities as Worksite Participants.
e. Each Participant at the Worksite has a designated work assignment that aligns with his/her professional needs.
f. Each Participant is provided with comprehensive employment and supportive services to support his/her success at the Worksite.
6. Respond to and address Worksite questions regarding Program implementation.
7. Coordinate conference calls and/or meetings with Worksite and Service Providers as necessary.
8. Facilitate alignment between Worksite, Service Providers, and other stakeholders as to ensure Program and Participant success.
9. Reimburse payment for submitted invoices. The SGVCOG will only provide reimbursement for time worked by a Participant at the rate of pay specified in Exhibit A.
4908-5012-4367, v. 1
B. Worksite Responsibilities:
1. [If City] Maintain membership in the SGVCOG during the entire term of this Agreement.
2. Designate a point-of-contact to serve as the Worksite’s point of contact to provide direction and support, and manage the day-to-day coordination with the SGVCOG and Service Providers.
3. Review applications and resumes for and serve as the employer of record for up to X qualified eligible Program Participants to be employed in position(s) that are approved by the SGVCOG and outlined in Exhibit A.
4. Provide training to Participants so they will be able to perform the duties associated with their position satisfactorily.
5. Orient trainees to the Worksite on their first day of work within the trainee’s first week of employment. The facilities and equipment of the Worksite used under this Agreement shall comply with all applicable federal, state and local health and safety laws.
6. Provide the Participant with work safety instructions for reasonable protection against injury and damage. It is the Worksite’s responsibility to provide a safe worksite that follows appropriate safety and labor law requirements.
7. Provide productive work assignments that provide the agreed-upon experience and advance the Participant’s goals and ensure that adequate work is available to keep the Participants busy during working hours.
8. Provide supervision at the Worksite, including an alternate supervisor when regular supervisors are absent.
9. Provide on-site exposure to the world of work and promote the development of good work habits and basic work skills for the Participant.
10. Provide compliant timekeeping system through which Participants’ timesheets are submitted and approved by the supervisor.
11. Complete a mid-point and end-point evaluation of each Participant, using the forms provided by the SGVCOG, and review each Participant’s progress with the Participant and the Service Provider. Provide a copy of the completed evaluations to the SGVCOG.
12. Ensure that each Participant does not work more than 30 hours per week, or more than 360 hours in total without prior written approval from the SGVCOG.
13. Work with the Service Providers to ensure the success of each Participant.
Notify the Service Provider immediately when there are concerns, issues with a Participant.
14. Provide release time for Participants to attend skill training, counseling and/or comprehensive employment and supportive services to be provided by the Service Provider to support the Participant’s work experience.
15. Ensure that all state and federal labor, health and safety laws are followed at the Worksite.
16. Participate in scheduled conference calls and/or meetings with the SGVCOG and providers throughout the term of this Agreement.
17. Provide feedback and elevate questions to the SGVCOG’s Project Manager on the implementation of the Program when necessary.
4908-5012-4367, v. 1
[If also Employer of Record]
18. Upon receipt of Participants' timesheets, prepare trainees' payroll and pay trainees at least once per month, on a schedule that is consistent with the Worksite’s payroll schedule.
19. Ensure that Workers' Compensation Insurance is provided for all Participants.
20. Authorize payment only for time worked by a Participant at the rate of pay specified in Exhibit B, which is attached hereto and incorporated herein. No Participant shall be required to work, or be compensated for work for more than 40 hours per week or those hours permitted to work in accordance with the child labor laws.
21. Submit to SGVCOG authenticated Participant timesheets in accordance with the budget and payroll procedures in Exhibit B.
22. Submit detailed invoices to SGVCOG with appropriate back-up, including authenticated Participant timesheets, as outlined in Exhibit B.
IV. INELIGIBLE EXPENSES:
A. Work within the Project Budget but funded by another source.
B. Work or expenditures not completed during the term of this Agreement, including work performed prior to the effective date of this Agreement.
V. INVOICING:
A. Worksite shall submit invoices for any eligible expenses on a monthly basis.
Worksite must provide all necessary back-up documentation, including but not limited to timesheets, invoices, or receipts, as support for the invoice.
B. Worksite shall be reimbursed only for time worked by a Participant at the rate of pay specified in Exhibit A. SGVCOG will provide such reimbursement for eligible expenses up to a total amount not to exceed ______________ ($xx,xxx,xx) (the “Not To Exceed Contract Amount”).
THE MAXIMUM AMOUNT OF SGVCOG’s OBLIGATION UNDER THIS
AGREEMENT IS THE AMOUNT SPECIFIED IN THIS PARAGRAPH.
VI. AMENDMENTS:
A. For any change which materially affects the Program, or in any way modifies any term or condition included under this Agreement, a written amendment to the Agreement shall be prepared and executed by the Worksite and by the SGVCOG for such change to be effective.
B. Minor changes to the Program may be approved by the SGVCOG’s Project Manager, who shall in writing and in his or her reasonable discretion, determine whether the change is minor. Any increase in the Not To Exceed Contract Amount
4908-5012-4367, v. 1
shall require a written amendment.
VII. PROJECT MANAGEMENT:
A. For the purposes of this Agreement, SGVCOG designates the following individual as its Project Manager: Levonn Gardner, Management Analyst, whose contact information is set forth below.
B. For the purposes of this Agreement, the Worksite designates the following individual as its representative: Iyob Tessema, whose contact information is set forth below.
C. Either Party may change the designations set forth herein upon written notice to the other Party.
VIII. DEFAULT; REMEDIES:
A. Default. A “Default” under this Agreement is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this Agreement; and/or (ii) failure of either Party to perform its obligations, set forth herein, satisfactorily or make sufficient progress during the active period of the Program.
B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default.
In the event that the defaulting Party fails to cure the Default or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this Agreement. Such termination shall be effective immediately upon the provision of written notice by the non-defaulting Party to the defaulting Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.
IX. INDEMNIFICATION:
A. Worksite agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers, at Worksite’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of Worksite in connection with this Agreement.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the Worksite, its elected and appointed boards, officials, officers, agents, employees, and
4908-5012-4367, v. 1
volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the Worksite, its employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement.
X. INSURANCE:
A. Worksite and SGVCOG shall maintain and keep in full force and effect during the term of this Agreement insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with Worksite’s or SGVCOG’s performance of its obligations hereunder.
XI. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.
To SGVCOG: Levonn Gardner
Management Analyst
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
[email protected]
To Worksite:
B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement, subject to Section VI above, may be modified only in writing and signed by the Parties in interest at the time of such modification.
4908-5012-4367, v. 1
D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
E. Compliance with Federal Regulations and Terms and Conditions. Worksite shall comply with all applicable federal regulations and the Terms and Conditions of the DOL/SGVCOG Grant Agreement, Federal Award Number 24A60CP000298, attached hereto as Exhibit B.
F. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.
G. 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. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
H. Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
I. Assignment. Neither Party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.
J. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
K. Authority to Execute. The person executing this Agreement on behalf of a Party warrants that they are duly authorized to execute this Agreement on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this Agreement.
4908-5012-4367, v. 1
L. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
M. Electronic Signatures. This Agreement may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. [Signature page to follow.]
4908-5012-4367, v. 1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and to be effective on the date it has been fully executed by the Parties as set forth below.
FOR THE CITY OF SOUTH EL MONTE:
By:__________________________
Rene Salas
City Manager
Date:_________________________
ATTEST:
______________________________
Adrian Garcia, MMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Susie Altamirano
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
Cassie Trapesonian
General Counsel
ATTACHMENT B
1596561.1
MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AND THE CITY OF SOUTH EL MONTE FOR PARTICIPATION IN THE SGV
WORKS WORKFORCE DEVELOPMENT PROGRAM
This Memorandum of Agreement (“MOA”) is dated for identification purposes as July 15, 2025 by and between the City of South El Monte, a municipal corporation (“City”) and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS:
A. The SGVCOG was established to maximize resources and to improve the quality of life in the San Gabriel Valley; and
B. The SGVCOG established the SGV Works Workforce Development Program (“Program”) to provide supportive services and work experience for individuals with certain barriers to employment in the San Gabriel Valley; and
C. The SGVCOG was awarded Community Project Funding (CPF)/Congressional Directed Spending (CDS), under the direction of the U.S. Department of Labor (“DOL”), to implement the Program and serve up to 125 individuals with barriers to employment, including the justice-involved individuals, transition-aged youth, persons experiencing or at-risk of homelessness, and those from disadvantaged communities (“Participants”) by providing access to quality jobs in high-growth sectors such as government, clean energy, and construction; and
D. The City has agreed to serve as a worksite for the Program to provide a Transitional Job for eligible Program Participants; and
E. A Transitional Job is defined in the Workforce Innovation and Opportunities Act (WIOA) as a time-limited, wage-paid work experience for individuals that have certain barriers to employment and are chronically unemployed or have an inconsistent work history that is designed to establish a work history, provide work experience, and to help develop workplace skills in order to prepare an individual for unsubsidized employment and job retention; and
F. The SGVCOG acknowledges that there will be additional costs associated with serving as a worksite for the Program; and
G. The City and SGVCOG desire to set forth the terms of their collaboration with respect to this effort in this MOA and further agree as follows:
I. INCORPORATION OF RECITALS
The above Recitals are made a substantive part of this MOA.
1596561.1
II. TERM:
A. Except as provided in Subsection B below, the term of this MOA shall commence upon execution of this MOA and shall continue through March 31, 2026, or until the completion of all work completed under this MOA, whichever is sooner. The term of this MOA may be extended by mutual written agreement of the Parties.
B. Notwithstanding the foregoing, this MOA shall automatically terminate upon the earlier expiration or termination of the DOL/SGVCOG Grant Agreement (Federal Award Number 24A60CP000298).
III. RESPONSIBILITIES OF THE PARTIES:
A. SGVCOG Responsibilities:
1. Serves as lead agency to ensure successful implementation of the Program.
2. Provide a point-of-contact to serve as the SGVCOG’s Project Manager.
3. Respond to and address City questions regarding Program implementation.
4. Coordinate conference calls and/or meetings with City and service provider partners as necessary.
5. Reimburse the City for the administrative costs associated with participating in the Program, providing a one-time payment of $750.00 per Participant that is temporarily hired and provided a Transitional Job as part of the Program, for up to 30 Participants, as described in the budget attached in Exhibit A.
6. Review submitted invoices from the City. Upon receipt of a proper invoice, provide payment to the City for eligible expenses within 30 days of approval of City’s invoice.
B. City Responsibilities:
1. Maintain membership in the SGVCOG during the entire term of the Program.
2. Provide supervision for any SGV Works Program Participants placed within the City.
3. Hire up to XX qualified eligible SGV Works Participants and provide a Transitional Job, operating the City worksite in alignment with the requirements of serving as a worksite for the Program.
4. Designate a point-of-contact to serve as the City’s point of contact to provide direction and support and manage the day-to-day coordination with the SGVCOG and service provider partners.
5. Participate in scheduled conference calls and/or meetings with the SGVCOG and service providers throughout the term of the Program.
6. Provide feedback and elevate questions to the SGVCOG’s Project Manager on the implementation of the Program when necessary.
7. Submit detailed invoices to the SGVCOG, as described in Exhibit A.
II. INVOICING:
A. To receive payment under this MOA, City must first provide all necessary back-up
1596561.1
documentation, including proof of employment, to SGVCOG as described in Exhibit A.
B. City shall be eligible for a one-time payment of $750 per Participant, up to X Participants. SGVCOG will provide such reimbursement up to a total amount not to exceed ______________ ($xx,xxx,xx) (the “Not To Exceed Contract Amount”).
THE MAXIMUM AMOUNT OF SGVCOG’s OBLIGATION UNDER THIS
MOA IS THE AMOUNT SPECIFIED IN THIS PARAGRAPH.
III. AMENDMENTS:
A. For any change which materially affects the project scope of work, or in any way modifies any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG for such change to be effective.
B. Minor changes to the project scope of work or budget may be approved by the SGVCOG’s Project Manager, who shall in writing and in his or her reasonable discretion determine whether the change is minor. Any increase in the not to exceed amount of this MOA shall require an amendment.
IV. PROJECT MANAGEMENT:
A. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Levonn Gardner, Management Analyst, whose contact information is set forth below.
B. For the purposes of this MOA, the City designates the following individual as its representative: HR Director Iyob Tessema, whose contact information is set forth below.
C. Either Party may change the designations set forth herein upon written notice to the other Party.
V. DEFAULT; REMEDIES:
A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress during the active period of the SGV Works program.
B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default.
In the event that the defaulting Party fails to cure the Default or commit to cure
1596561.1
the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non-defaulting Party to the defaulting Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.
V. INDEMNIFICATION:
A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of City in connection with this MOA.
B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA.
VII. INSURANCE:
A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder.
VIII. OTHER TERMS AND CONDITIONS:
A. Notices. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.
To SGVCOG: Levonn Gardner
Management Analyst
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
1596561.1
with a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
[email protected]
To City:
B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.
C. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.
D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.
E. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.
F. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant.
No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.
G. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.
H. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without
1596561.1
consent shall be void and unenforceable.
I. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
J. Authority to Execute. The person executing this MOA on behalf of a Party warrants that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.
K. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
L. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. [Signature page to follow.]
IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed and to be effective on the date it has been fully executed by the Parties as set forth below.
FOR THE CITY OF SOUTH EL MONTE:
By:__________________________
Rene Salas
City Manager
Date:_________________________
ATTEST:
______________________________
Adrian Garcia, MMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Susie Altamirano
City Attorney
FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:
By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
Cassie Trapesonian
General Counsel
Exhibit A
Project Budget
The SGVCOG shall provide $750 per Participant, for up to 30 Participants, that is hired and provided with a Transitional Job by the City.
Per Participant # of Participants TOTAL
Administrative Cost $750
City shall be eligible for a one-time payment upon providing documentation satisfactory to the SGVCOG that the Participant has been hired and is working in a Transitional Job at the City, and the City is complying with the requirements to serve as a worksite for the Program. Upon receipt of such documentation, SGVCOG shall make payment to the City within [x] calendar days.
Exhibit A
WORKSITE POSITIONS
Worksite: Supervisor:
Address: Phone No.:
Type of Organization :
Nature/Description of Organization (e.g. farm supply sales, restaurant, etc.):
to
No. of Openings:
Days of the Week:
Person Responsible for Time/Attendance:
Trainee Title:
Work Hours:
1)
2)
3)
4)
5)
Project Description/Project Outcome (list a specific project and outcome of project trainee may be involved in):
Special Requirements
Medical:
Clothing:
Other:
Minimum Age Requirement (Please specify reason):
Equipment/Tools to be Operated or Used:
Screening Required by Site (Please specify):
* * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Worksite Representative Signature Date
Print Name and Title
Elements of Training/Skills to be Learned
Hourly Rate:
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City Council Agenda Report
Agenda Item No. 10.b.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-068, OF AN EMERGENCY PURCHASE AND
INSTALLATION OF AUDIO AND VISUAL COUNCIL CHAMBER
EQUIPMENT
SUMMARY: Emergency Purchase and Installation of Council Chamber Equipment.
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that there is a need to complete the emergency work;
2. Adopt the attached Resolution No. 25-068, by four-fifths vote, to determine that there is a need to proceed with emergency work for the purchase and installation of audio and visual Council Chamber Equipment; and
3. Approve an agreement with Western Audio Visual for the purchase and installation of the Council Chamber Equipment in an Amount not to exceed $80,000.
FISCAL/FINANCIAL IMPACT: The emergency purchase will be made with Cable PEG funds and will not have any fiscal impact on the General Fund.
DISCUSSION: In order to comply with upcoming legislative requirements, the Council Chamber is in dire need of immediate equipment replacement due to its failure to Live Stream as well as record public meetings. Failure to immediately install new audio and visual equipment will likely result in greater work and expenses and potential government code violations.
The City’s Public Works contracts are subject to Public Contract Code that requires public bidding. Public Contract Code Section 20160 et., part of the Local Agency Public Construction Act, governs the competitive bidding requirements applicable to cities regarding public works projects.
Section 20168 of the Public Contract Code provides that, in case of an emergency, a city legislative body may pass a resolution by a four-fifths vote of its members declaring that
the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without otherwise complying with the Local Agency Public Construction Act. However, if notice for bids to let contracts will not be given, the legislative body must comply with the emergency contracting procedures in Public Contract Code section 22050.
Public Contract Code section 22050 permits public agencies, in case of an emergency and following a four-fifth vote of the agency’s governing body, to repair or replace a public facility, to take any directly related and immediate action required by that emergency and to procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. However, before doing so, the agency must make a finding, based on substantial evidence set in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
Public Contract Code section 22050 requires that if the governing body takes action on an emergency contract, it must review the emergency action at its next regular meeting and at each subsequent regular meeting thereafter to determine, by a four-fifths vote, that there is a need to continue the action. The governing body is required to terminate the emergency contraction actions at the earliest possible date that conditions warrant so that regularly noticed bidding can resume.
There is a threat to the City and community due to the failure of being able to provide live streaming and remote participation. Failure to immediately purchase and install the audio and live stream equipment will likely result in greater repair work and expenses, due to potential violations. If the City were to attempt to go through regularly noticed bidding procedures it would take several months to bid and award the contract.
A quote was received from Western Audio Visual to replace and upgrade the City Council Chamber's digital equipment. Work is expected to be completed by August 29, 2025, since the City Council will be “going dark” during the month of August, the timing provides a perfect opportunity to address this emergency.
ATTACHMENT(S):
A. Resolution No. 25-068 - Four-Fifths Emergency Work for City Hall Council Chambers
B. Council Chamber Proposal
ATTACHMENT A
RESOLUTION NO. 2025-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH EL
MONTE, CALIFORNIA, DECLARING AUTHORITY TO THE CITY
MANAGER OR HIS DESIGNEE(S) PURSUANT TO PUBLIC CONTRACT
SECTION 20168 AND 22050 TO ENTER INTO AN EMERGENCY PUBLIC
WORKS CONTRACT
WHEREAS, the City of South El Monte (“City”) is a municipal corporation and general law City; and
WHEREAS, City Hall Council Chambers currently does not have the ability to live stream or allow for public participation; and
WHEREAS, the City Clerk is currently unable to review prior council meeting actions due to the inability to record meetings; and
WHEREAS, recent legislation will require public agencies to provide video and audio public participation; and
WHEREAS, pursuant to Public Contract Code section 20162, expenditures over $5,000 involving public works projects, shall be contracted for and let to the lowest responsible bidder after notice; and
WHEREAS, Public Contract Code section 20168, a part of the Local Agency Public Construction Act, provides that in case of an emergency, the legislative body of a local agency may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property and, upon adoption of the resolution, permits expending any sum required in the emergency without complying with the act, subject to compliance with the emergency contracting procedures in Public Contract Code section 22050; and WHEREAS, California Public Contract Code section 22050(a)(1) provides that in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, California Public Contract Code section 22050(a)(2) provides that before the governing body takes any action pursuant to Public Contract Code Section 22050(a)(1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and WHEREAS, if the City Council pursuant to Public Contract section 22050(c)(1) orders any action specified in Section 22050(a)(1), the City Council shall review the
2 of 4
emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action; and
WHEREAS, when the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts; and WHEREAS, the estimated cost for the emergency repair work needed to repair the water line is expected to not exceed Eighty Thousand Dollars ($80,000).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council hereby finds, based on substantial evidence set forth in this Resolution and accompanying staff report and in accordance with Section 20168 and 22050 of the Public Contract Code, that the needed emergency repairs to the City Hall Council Chambers will not permit a delay resulting from a competitive solicitation for bids, that the action to award the emergency contract is necessary to respond to the emergency, and that competitive proposals would be unavailing or would not produce an advantage, and that the advertisement for competitive bid would thus be undesirable or impractical.
SECTION 3. The City Council hereby authorizes the City Manager to execute the emergency repairs contract with Western Audio Visual in an amount not to exceed Eighty Thousand Dollars ($80,000).
SECTION 4. Pursuant to Public Contract Code section 22050(a)(2), the City Clerk is directed to record in the minutes of the meeting at which this Resolution is adopted, the City Council findings and the evidence offered in support thereof, that the emergency repairs needed will not permit a delay resulting from a competitive solicitation for bids, that the emergency contract action is necessary to respond to the emergency.
SECTION 5. City Staff is directed to prepare a staff report to the City at its next and subsequent regular meetings why the emergency repairs would not permit a delay resulting from a competitive solicitation and why the emergency repair contract action was necessary to respond to the emergency, so that the City Council may review the emergency contract action at its next regular meeting and at subsequent regular meetings thereafter to determine, by a four-fifths vote, whether there is a need to continue the action, or whether conditions warrant to terminate the emergency contracting action so that regular noticed bidding can resume.
SECTION 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective
3 of 4
immediately upon its approval by a four-fifths (4/5) vote of the City Council.
PASSED, APPROVED and ADOPTED this 15th day of July 2025.
Gloria Olmos, Mayor
ATTEST:
Adrian Garcia, MMC, City Clerk
4 of 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-068, was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 15th day of July 2025, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adrian Garcia, MMC, City Clerk
P R O P O S A L
Council Chamber
Presented By:
Western Audio Visual & Security
Revision: 0
h t t p s : / / w a v 1 . c o m
Proposal Date: 6/9/2025
Quote Number: WESTERN-0111
Hailey Schellin
[email protected]
(949) 584-7028
1592 N. Batavia Street, Suite 2
Orange, CA 92857
Western Audio Visual & Security is a design-build audio visual and security firm specializing in the design, engineering, installation, and service of corporate, civic and education audio visual and security systems.
While we are primarily a Southern California based company, our coverage extends north to the central California region and east to Nevada and Arizona.
Our team is made up of highly recognized industry veterans with over 30 years of experience integrating solutions within executive boardrooms, conference rooms, auditoriums, training rooms, video conferencing suites, command/control centers and corporate headquarters throughout Southern California and beyond.
Starting with AV budgeting exercises and following through to post installation support, the Western Audio Visual & Security team is well equipped to take any project from it’s design stage to final installation.
W o r k i n g W i t h W A V S
Rev. 0
Council Chamber
Quote No : WESTERN-0111
6/9/2025 Page 2 of 7
S c o p e o f W o r k
Written Scope is T.B.D
Council Chamber
Display System
Quantity Manufacturer/Model Unit Price Extended Price
Western AV OFE Display & Mount $0.00 $0.00
[OFE]
1 Signal Distribution and Switching System
Quantity Manufacturer/Model Unit Price Extended Price
1 AGPTEK Dedicated Media Player for Logo $44.43 $44.43
Crestron DM-NVX-D200 $666.67 $3,333.35
DM NVX® 4K60 4:2:0 Network AV Decoder with Scaler (Displays 1-3, Presentation Feed and Room Audio, Spare)
5 Crestron DM-NVX-E30 $794.44 $3,972.20
DM NVX 4K60 4:4:4 HDR Network AV Encoder
5 Western AV Note $0.00 $0.00
Sources
(2) Clerk / Staff Table (HDMI Only)
(1) Dedicated PC for Civic Plus (HDMI Only)
Dedicated Media Player for Logo
Spare Encoder
1 Audio System
Quantity Manufacturer/Model Unit Price Extended Price
Biamp Desono DX-IC6-W $161.11 $1,288.88
6.5” High Efficiency Coaxial In-Ceiling Loudspeaker w/ HF compression driver. 8 Ohm or 70V/100V operation, white
8 Biamp TESIRA EX-LOGIC $428.89 $1,286.67
Tesira Poe Logic Expander With 16 Logic GPIO (4 GPIO Are Configurable For Potentiometer Interface)
3 Biamp TESIRA EX-UBT $555.56 $555.56
Expander Supports Up To 8 Channels Of Configurable USB Audio 1 Rev. 0
Council Chamber
Quote No : WESTERN-0111
6/9/2025 Page 3 of 7
Biamp Tesira Forte AVB VT $2,688.89 $2,688.89
Audio DSP
1 Biamp TESIRACONNECT TC-5D $1,101.11 $1,101.11
5-Port Expansion Device With AVB To Dante Bridging
1 Biamp TESIRAFORTE AVB AI $2,017.78 $2,017.78
Digital Audio Server With 12 Analog Input And 8 Analog Output And Up To 8 Channel Of Configurable USB Audio
1 Biamp Voltera A 600.4 $944.44 $944.44
Four-channel, 600-watt analog amplifier
1 Clock Audio TS003 $151.11 $1,813.32
Touch Sensitive Microphone Mute Switch, Red & Green LED, (7 Dais, 5 Staff) 12 Shure MX418/C $198.44 $2,579.72
microflex 18" cardioid gooseneck microphone
13 Control System
Quantity Manufacturer/Model Unit Price Extended Price
Crestron CP4N $1,711.11 $1,711.11
4-Series Control System
1 Crestron TS-1070-B-S $1,815.56 $1,815.56
10.1" Tabletop Touch Screen, Black Smooth
1 NETGEAR GSM4248PX-100NAS $2,696.67 $2,696.67
40x1G PoE+ 960W and 8xSFP+ Managed Switch (Americas)
1 RCI Custom Plates Custom $250.00 $250.00
Custom I/O Audio Plate in Rear of Chamber
1 Camera & Broadcast System
Quantity Manufacturer/Model Unit Price Extended Price
Blackmagic Design CONVMUDCSTD/HD $176.67 $176.67
Blackmagic Design Mini Converter UpDownCross HD
1 Shipping, Handling & Consumables
Quantity Manufacturer/Model Unit Price Extended Price
1 Western AV Cable and Connectors $1,594.00 $1,594.00
1 $389.96 $389.96
$594.00 $594.00
Western AV Crestron Tariff Surcharge
Western AV Equipment Rack Hardware
Equipment Rack Hardware (Lacing Bars, Blanks, Vents, etc.) 1 Rev. 0
Council Chamber
Quote No : WESTERN-0111
6/9/2025 Page 4 of 7
Western AV Installing Hardware & Accessories $844.00 $844.00 Installing Hardware & Accessories
1 Installation Labor
Labor
Quantity Manufacturer/Model Unit Price Extended Price
Western AV Engineering & Drafting $0.00 $5,066.56
Engineering & Drafting costs include site walks, creation of drawings, design review, installer support, meetings etc.
1 Western AV Project Management $0.00 $3,400.08
Project Management costs include meetings, site walks, project coordination / scheduling etc.
1 Western AV: Closing & Commissioning $3,966.76
Training, Closing, Commissioning costs include updating all devices to the latest firmware, testing, troubleshooting, device configuring and training clients. 1 Western AV: Installation Labor $18,700.44
Installation Labor includes pre-wire structure building, cable pulling, device installation, equipment rack fabrications, and testing. 1 Western AV: Programming $6,400.00
Programming costs include user interface designing, off-site and on-site programming.
1 $460.70
Equipment: $31,698.32
Council Chamber Subtotal Without Tax
Labor: $37,533.84
$70,536.80
Shipping: $839.94
Bond: $0.00
Travel: $0.00
Electronic Waste: $4.00
G & A:
Rev. 0
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Quote No : WESTERN-0111
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L O C AT I O N S U M M A R Y
Location Installed Price
Council Chamber $70,536.80
Grand Total: $70,536.80
Rev. 0
Council Chamber
Quote No : WESTERN-0111
6/9/2025 Page 6 of 7
P R O J E C T S U M M A R Y
C O S T B R E A K D O W N
Equipment: $31,698.32
Labor: $37,533.84
G & A: $460.70
Travel: $0.00
Bond: $0.00
Shipping and Handling: $839.94
Electronic Waste Recycling: $4.00
Sales Tax: $3,335.17
Grand Total: $73,871.97
P A Y M E N T T E R M S
100% Equipment Upon Order, Progress Billing for Labor
This quote is valid for 30 days. The sales tax is subject to change—in the event of a an increase, the client agrees to pay the current sales tax rate. This proposal is not to be copied, reproduced or forward to any third party as its contents are the property of Western Audio Visual.
Date
Date
WAVS
City of South El Monte Adrian Garcia
Hailey Schellin
Rev. 0
Council Chamber
Quote No : WESTERN-0111 6/9/2025 Page 7 of 7
*This proposal includes the use of prevailing wage rates.*
City Council Agenda Report
Agenda Item No. 10.c.
DATE: July 15, 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 RESOLUTION NO.
25-069, ADOPTING CONTRACT AMENDMENT NO. 3 WITH
TOWNSEND PUBLIC AFFAIRS LLC FOR GRANT WRITING
SERVICES
SUMMARY: The contract with Townsend Public Affairs LLC (Townsend) for grant-writing services expired on June 30, 2025. Staff recommends City Council adopt Resolution No. 25-069, adopting Amendment No. 3 to extend the term of the agreement with Townsend for three (3) years through June 30, 2028, and increasing the scope of grant-writing services to cover all possible State and Federal grants for Public Works, Parks, Buildings, Transportation, and other.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 069, adopting Contract Amendment No. 3 with Townsend.
FISCAL/FINANCIAL IMPACT: The fiscal impact is $114,000 ($9,500 per month), which is budgeted in the General Fund.
DISCUSSION: On March 23, 2022, the City entered into an agreement with Townsend to provide consulting services related to obtaining grant funding and legislative advocacy for the period March 23, 2022, through June 30, 2022.
On September 13, 2022, the City adopted Amendment No. 1 to extend the term of the agreement through June 30, 2023.
Effective July 1, 2023, the City adopted Amendment No. 2 to extend the term of the agreement through June 30, 2025.
Since March 23, 2022, Townsend has been successfully serving the City by conducting detailed research and analyses; developing legislative strategies and implementing those strategies; preparing and submitting progress reports; and filing lobbying disclosure reports. To date, Townsend has helped the City obtain $4.8 million in grant funding for various City projects. Staff would like to continue this relationship to seek more grants
for the City.
Staff recommends City Council adopt Resolution No. 25-069 adopting Amendment No. 3 to extend the term of the agreement with Townsend for three (3) years through June 30, 2028 (Attachment A). Staff also recommends that the City Council authorize the City Manager to execute Amendment No. 3.
ATTACHMENT(S):
A. Resolution No. 25-069 Townsend Public Affairs
B. Amendment 3
C. South El Monte Advocacy Proposal
D. South El Monte Grant Writing Proposal
ATTACHMENT A
RESOLUTION NO. 25-069
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 3 TO THE AGREEMENT
FOR CONTRACTUAL SERVICES WITH TOWNSEND PUBLIC
AFFAIRS LLC
WHEREAS, the existing agreement for contractual services expired on June 30, 2025; and WHEREAS, Townsend Public Affairs (Townsend) has been successful in securing grants for the City; and
WHEREAS, the City would like to extend the term of the agreement with Townsend for an additional three (3) years with a monthly fee of $9,500 through June 30, 2028.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City and Townsend Public Affairs have agreed to enter into contract Amendment No. 3 to extend the term of the agreement through June 30, 2028, with a monthly fee of $9,500 (Attachment B of the Staff Report).
SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of July 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. 25-069, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 15th day of July 2025, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Adrian Garcia, MMC, City Clerk
ATTACHMENT B
AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF SOUTH EL MONTE (“City”) and _TOWNSEND PUBLIC AFFIARS LLC (“Consultant”) is effective as of the 1st day of July, 2025.
RECITALS
A. City and Consultant entered into an Agreement for Contract Services dated 23rd day of March 2022, (“Agreement”) whereby Consultant agreed to provide legislative advisory services through June 30, 2022.
B. City and Consultant adopted Amendment 1 to extend the term of the agreement through June 30, 2023.
C. City and Consultant adopted Amendment 2 to extend the term of the agreement through June 30, 2025.
D. The City and Consultant would now like to adopt Amendment 3 to extend the term of the agreement through June 30, 2028.
E. City and Consultant agree that the monthly rate for services from 1st day of July 2025 shall be $9,500 per month, or $114,000 per fiscal year.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
A. Compensation
2.1 Contact Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum amount of TWENTYTHOUSAND DOLLARS AND NO CENTS ($20,000) EIGHTY ONE THOUSAND AND NO CENTS ($81,000) (Contract Sum).
B. Term
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 and during the time period of July 1, 2022 to June 30, 2023 but not exceeding four months from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The
01257.0001/908175.2 Page 2 of 4
City may, in its sole discretion, extend the Term for six additional months. two additional one year terms.
C. Exhibit “C” Schedule of Compensation
I. Consultant shall perform the following Services at the following rates:
Legislative Advocacy Services
Term: March 23, 2022 - June 30,
2022
$5,000 Per Month*
Term: July 1, 2022 to June 30, 2023
Term: July 1, 2025 to June 30, 2028
$9,500 Per Month
State and Federal Legislative Advocacy
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included * The monthly fee includes all reasonable business and travel expenses
01257.0001/908175.2 Page 3 of 4
D. Exhibit “D” Schedule of Performance
I. Consultant shall perform all services timely in accordance with the following schedule:
Project term is March 23, 2022 – June 30, 2022. Consultant shall complete all services rendered hereunder no later than June 30, 2022. All services conducted shall be timely and in accordance with the schedule agreed to by both Parties.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment , such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
01257.0001/908175.2 Page 4 of 4
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, MMC, City Clerk
APPROVED AS TO FORM:
OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
_________________________________
Susie Altamirano, City Attorney
CONTRACTOR:
CONSULTANT
By: ________________________________
Name: Christopher Townsend
Title: President
By: ________________________________
Name: Christopher Townsend
Title: Secretary
Address: Townsend Public Affairs
1401 Dove Street, Suite 330
Newport Beach, CA 92660
IF APPLICABLE: Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 1 Proposal for
State & Federal Legislative
Advocacy Services
July 9, 2025
ATTACHMENT C
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 1 July 9, 2025
Rene Salas, City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Dear Mr. Salas:
Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for State & Federal Legislative Advocacy Services to the City of South El Monte (“City”). TPA has proudly represented the City since 2022, securing over $4.5 million in funding for critical community projects and advancing the City’s legislative priorities at both the State Capitol and in Washington, D.C.
Since our inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is tailored to meet each client's individual needs.
We leverage the breadth and depth of our team and our vast network of relationships with key stakeholders and decision makers.
Over the years, TPA has been proud to secure more than $3.2 billion in competitive grants and appropriations and to successfully advance more than 150 pieces of legislation on behalf of our clients. But beyond the numbers, what sets us apart is our dedication to helping communities like South El Monte turn bold ideas into reality—whether securing new funding, shaping statewide policy, or protecting vital resources that your residents rely on.
Thank you again for your interest in our firm and consideration of this proposal. Please contact us if you have any questions or need additional information. We have been honored to serve the City since 2022 and would be honored to continue to serve the City of South El Monte.
Yours truly,
Christopher Townsend
President
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 2
FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 150 client-sponsored legislative proposals into law
• Funding Success: Over $3.2 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 26 years (founded in 1998)
• Number of Employees: 23
• Number of Registered State and Federal Lobbyists and Grant Writers: 18 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K–12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 5th of 491 Firms Registered for Q1 of the 2025–26 Legislative Session o 99th Percentile
• TPA is ranked as one of the top 100 federal lobbying firms and represents more California public agencies in Washington, DC than any other advocacy firm in the nation.
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 3
FIRM OVERVIEW
ACHIEVEMENTS ON BEHALF OF THE CITY OF SOUTH EL MONTE
Since 2022, TPA has served as a dedicated strategic partner to the City, providing comprehensive state and federal funding advocacy services. Through a close working relationship with City leadership and staff, TPA has played a key role in advancing the City's funding goals by identifying high-priority projects and aligning them with appropriate state, and federal funding opportunities.
TPA works collaboratively with various City departments to develop and implement a tailored strategic funding plan designed to maximize grant competitiveness and position the City for longterm financial sustainability. This has included regular participation in strategy sessions, and ongoing communication with our designated point of contact to ensure alignment with evolving City priorities. TPA’s proactive and collaborative approach has enhanced the City’s capacity to pursue and win funding, enabling City leaders to more effectively plan, fund, and implement transformative projects that benefit the community.
TPA has been proud to partner with the City of South El Monte to secure critical funding that supports community priorities and long-term growth. The chart below highlights several recent successes, reflecting our strategic approach to identifying opportunities and delivering results.
PROGRAM PROJECT AWARD
FY 2024 Community Project
Funding New Temple Park $850,000
LA Metro 5310 Grant Dial‐A‐Ride Electric Van Acquisition $216,000 FY 2022 Community Project
Funding Merced Avenue Greenway Project $3,000,000
SCAG Sustainable
Communities Grant Comprehensive Zoning Code Update $200,000 Caltrans Sustainable
Transportation Planning
Grant
Rosemead Corridor Enhancement Plan $301,002
CalFIRE Fire Prevention
Grant CERT Funding $15,000
LA Metro 5310 Grant Dial-A-Ride Modernization Project $272,000 TOTAL FUNDING SECURED: $4,854,002
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 4
FIRM OVERVIEW
STATE LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome Of Lobbying Efforts
Municipal
Management
Local Control
• AB 2339 (Gipson, 2018) signed into law to permit cities to sell their drinking water property in special circumstances
• Secured a state audit request of the State Department of Health Care Services due to its management of sober living homes
• SB 927 (Anderson, 2016) signed into law to permit public utility districts to establish district boundaries without legislation.
Local
Infrastructure
Revenue
• Several bills signed into law to facilitate the voter consideration of local revenue measures
• Worked with numerous local governments on elements of redevelopment dissolution to maximize contractual
obligations and implementation of local plans
Cannabis
• AB 2020 (Quirk, 2018), signed into law to allow cities to approve temporary cannabis events
• Led a coalition to help pass California’s first medicinal cannabis regulatory framework legislation
Transportation
Local Streets &
Roads
• AB 2496 (Petrie-Norris, 2022) signed into law to mitigate loud vehicle noise
• Relinquishment of certain sections of Highway 1, SR 133, Beach Boulevard, and other state highway systems to the jurisdiction of local cities
Transit Districts
• AB 3177 (Chavez, 2018) signed into law to permit the North County Transit District to negotiate procurements on the open market
• AB 354 (Nguyen, 2023) signed into law to expand SacRT’s Board of Directors
• AB 1052 (McCarty, 2023) signed into law to enable SacRT to limit potential future tax measures to jurisdictions within its boundary
Vehicle Code
• AB 705 (Lowenthal, 2023) signed into law to expand the allowable length of a vehicle that could be defined as an autoette
Water &
Sanitation
Water Quality
• AB 2022 (Gordon, 2016) first bill signed into law in the nation to allow the bottling of advanced recycled water for
educational purposes
Water District
Formation
• SB 634 (Wilk, 2017) signed into law to consolidate multiple existing water agencies to create the Santa Clarita Valley Water Agency
Sanitation
Infrastructure
• SB 991 (Newman, 2022) signed into law to permit local agencies to use progressive design-build for water projects Housing &
Community
Development
Homelessness
• Creation of the Homelessness Emergency Aid Program
(HEAP) to provide funding to cities, counties, and continuums of care
• Creation of the Homeless Housing, Assistance, and
Prevention (HHAP) Grant Program
• AB 1285 (Wicks, 2023), signed into law to require continuums of care to provide evidence of encampment resolution
impacts in regionally coordinated homelessness action plans
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 5
FIRM OVERVIEW
• AB 2011 (Wicks, 2022) signed into law to construct 2 million units of affordable and mixed-income housing along transitfriendly commercial corridors Affordable
Housing
• SB 593 (Wiener, 2023) signed into law to finance affordable housing units
• SB 591 (2021, Becker) signed into law to increase the production of intergenerational housing developments
Community
Development
• AB 1486 (Ting, 2019) signed into law to clarify and strengthen provisions in the Surplus Land Act to promote the use of public land for affordable housing projects.
Recreation &
Natural
Resources
Park and
Recreation
Facilities
• Implementation of Prop 68, which allocated $4 billion to parks and recreation programs
• SB 5 (De Leon, 2017) signed into law to allocate $3.5 billion in state funding for parks, drought/water, and flood protection programs
• Secured amendments to AB 1737 (2022, Holden) to protect cities from several onerous requirements related to the operation of day camps
Energy
• Secured amendments to SB 379 (2022, Weiner) to protect cities utilizing online, automated platforms for issuing solarenergy system permits Public Safety
Crime Reduction
• AB 645 (Friedman, 2023) signed into law to implement speed safety system pilot programs
• SB 1079 (2022, Portantino) signed into law to permit the use of sound-activated devices to prevent loud, modified exhaust systems
E-Bike Safety • SB 381 (Min, 2023) signed into law to require a study on electric bicycles and the safety of riders and pedestrians Local Law
Enforcement
• Establishment of the North Orange County Public Safety Collaborative
Emergency
Management
• AB 2553 (Ting, 2019) signed into law to expand an
emergency shelter pilot program statewide
Education
Community
College Districts
• AB 1173 (Ta, 2023) signed into law to require local
educational agencies (LEA) serving grades 9 to 12 to notify community college districts when holding career fairs
• Worked with a coalition of community college and K12
stakeholders to implement and fund the California Adult Education Program.
School Facilities • SB 1406 (Mendoza, 2016) signed into law, protecting community colleges from frivolous lawsuits
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 6
FIRM OVERVIEW
FEDERAL LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome of Lobbying Efforts
Local Control
& Local
Budget
COVID-19
Pandemic
Messaging
• Helped lead the creation and passage of the CARES Act and the American Rescue Plan (ARPA)
• Crafted regional advocacy letters to urge for increased local relief funding
• Coordinated with the National League of Cities and the White House to utilize and distribute TPA templates, models, and language regarding COVID-19 messaging
• Facilitated conversations between the Department of Treasury and local public agencies regarding the implementation and reporting of CARES Act and ARPA funds
Wireless
Infrastructure
• Obtained a copy of the draft text of the wireless infrastructure bill that threatened local control
• Using both statistics and anecdotal evidence, advocated against provisions that would challenge local control, resulting in the mitigation of provisions upon introduction
Local Funding
• Successfully advocated for reauthorization and return of funding for the Secure Rural Schools/Payment instead of Taxes
programs
State & Local Tax
Deduction
• Modified provision from tax legislation that would have impacted local public agency general fund budgets
Sober Living
Homes
• Negotiated public messaging on the issue
• Influenced witnesses and premises for sober living hearing • Proposed amendment to circumvent controversial provisions; the amendment was adopted by the House committee
• Pushed for House and Senate passage of opioids package, including sober living provision in each version—both packages passed with sober living provision intact
Transportation
&
Infrastructure
Streets, Roads,
Public Transit,
Highways, &
Airports
• Successfully advocated for continued or increased funding for four out of five federal transportation infrastructure programs between Fiscal Years 2018 and 2019, with the fifth program receiving a one-time tripling of funding in Fiscal Year 2018 Water Water
• Successfully advocated for an increase in funding for Bureau of Reclamation WaterSMART grant programs
• Authorized millions of dollars in funding for clients through the 2022 WRDA process
Affordable
Housing,
Homelessness,
& Community
Development
Homelessness • Secured direct HUD funding for innovative programs to provide temporary housing and rehabilitation to homeless individuals Private Activity
Bonds
• Negotiated the removal of a provision from tax legislation that would have impacted key financing tools for new construction Community
Development Block
Grants
• Successfully advocated for maintained funding for HUD Community Development Block Grants between Fiscal Years 2017 and 2019
Public Safety &
Emergency
Management
Anti-Crime
Provisions
• Inserted rural gang priority language in House and Senate Appropriations Committee Report
• Created a regional coalition of Central California cities and law enforcement agencies to advocate for prioritizing rural gang violence
Local Law
Enforcement
• Increased local police presence through securing funding from the U.S. Department of Justice COPS program
Firefighter Grants • Successfully advocated for the continuation of funding for FEMA firefighter grants
Education Public Education
• Authorized $30 million for California Maritime Centers of Excellence through the 2022 National Defense Authorization Act (NDAA)
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 7
FIRM OVERVIEW
EXAMPLES OF SUCCESSFUL STATE & FEDERAL EARMARKS
TPA is proud to have secured $3,850,000 in federal Community Project Funding for two critical City projects. Additionally, we are actively engaged in the current appropriations process on behalf of the City, with one pending earmark in the amount of $2,000,000 for improvements to the New Temple Park facility.
The following charts detail TPA’s success in securing state and federal earmarks over the past several years. For each award, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with state and federal legislators, their staff, relevant committee members, and other key stakeholders to ensure our client projects were included in the final official budget.
STATE BUDGET EARMARKS
Year Total Number of Projects Total Amount Awarded
2023-2024 55 $73,910,000
2022-2023 42 $200,950,000
2021-2022 30 $377,715,020
2019-2020 15 $36,230,000
TOTAL STATE BUDGET EARMARKS SECURED: $688,805,020
FEDERAL EARMARKS
Year Total Number of Projects Total Amount Awarded
2024 52 $57,599,445
2023 34 $60,390,094
2022 30 $59,060,357
TOTAL FEDERAL EARMARKS SECURED: $177,049,896
OVERALL FUNDING ACHIEVEMENTS
This table provides an overview of our funding achievements on behalf of our clients from state, federal, and local government agencies and private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.
Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134 Million $24.8 Million $159 Million Transportation $766 Million $388 Million $1,154 Million Education $257 Million $49.9 Million $306 Million
Parks and Recreation $306 Million $38.9 Million $345 Million Cultural Resources $140 Million $14.3 Million $154 Million Housing and Development $812 Million $42.2 Million $854 Million Public Safety $161 Million $102.1 Million $263 Million
TOTAL $2.5 Billion $627 Million $3.2 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT
FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 8
SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy representing the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration, as well as Congress and the Trump Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda. o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
Schedule meetings for the City to discuss relevant legislation Prepare all briefing materials and talking points for the City Brief legislative offices and stakeholders on the City’s legislative agenda Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC, to meet with the City’s legislative delegation and legislators who serve on committees relevant to the City’s agenda. Furthermore, whenever possible, TPA will also schedule legislators' site visits to the City.
For advocacy trips to Washington, DC, TPA will handle all details of the trip, including, but not limited to:
Planning and scheduling of meetings
Providing logistical support, including airport pickups, hotel pickups, and travel to and from meetings
Providing access to a private office within walking distance to the Hill and with immediate access to the Metro
Coordinating all meal reservations, including scheduling with key members to attend
Access to the National Democratic Club
Access to the Capitol Hill Club
(National Republican Club of Capitol Hill)
Organizing any additional activities of interest (White House tour, VIP Capitol Tour, Monument Tour, African American Museum tickets, etc.)
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 9
SCOPE OF SERVICES
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o Engage in the Rule-Making Process: TPA will coordinate with the City to engage during the federal rule-making process to ensure the City’s legislative agenda is being promoted and protected in Washington, DC. Engagement activities will include crafting and publishing public comments and contacting legislators to convey either support or opposition to the proposed rule.
o State Budget Funding Opportunities: To maximize state funding, TPA will work with the City to identify projects and other funding priorities suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Provide Progress Reports: TPA will confer regularly with the City on our activities and provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file all applicable state and federal lobbying disclosure reports on behalf of the City.
Proposal for State & Federal Legislative Advocacy Services | City of South El Monte Page 10
FEE SCHEDULE
ALL-INCLUSIVE RETAINER:
DESCRIPTION OF SERVICES MONTHLY FEE
State and Federal Legislative Advocacy Services $6,750* • Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.
ANNUAL NOT-TO-EXCEED AMOUNT FOR THREE YEAR CONTRACT: $81,000
Proposal for
Grant Writing Services
January 3, 2025
ATTACHMENT D
Proposal for Grant Writing Services | City of South El Monte Page 1 January 3, 2025
Rene Salas, City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Dear Mr. Salas:
Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Grant Writing Services to the City of South El Monte (“City”). Since 2022, TPA has been the proud legislative advocate for the City, helping champion its state and federal priorities and secure $4,854,002 in competitive funding for priority projects.
Since its inception in 1998, TPA has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.
Utilizing this method on behalf of our clients, TPA has secured over $3.2 billion in competitive funding from state, federal, and local government agencies and provided strategic guidance in over 100 different funding programs.
Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. TPA has been honored to serve as the City’s legislative advocate since 2022 and we would be honored to serve the City of South El Monte in an expanded capacity.
Yours truly,
Christopher Townsend
President
Proposal for Grant Writing Services | City of South El Monte Page 2
FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 150 client-sponsored legislative proposals into law
• Funding Success: Over $3.2 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 26 years (founded in 1998)
• Number of Employees: 22
• Number of Registered State and Federal Lobbyists and Grant Writers: 17 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o Fire Protection Districts
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K–12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Public Safety
o Energy, Environment, and Natural Resources
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Budget and Finance
• Ranking by Revenue Reported to the California Secretary of State:
o 8th of 491 Firms Registered for the 2023–24 Legislative Session o 99th Percentile
• More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation.
Proposal for Grant Writing Services | City of South El Monte Page 3
FIRM OVERVIEW
FUNDING ACHIEVEMENTS ON BEHALF OF THE CITY
PROGRAM PROJECT AWARD
FY 2024 Federal Earmark New Park Facility $850,000
LA Metro 5310 Grant South El Monte Dial‐A‐Ride Electric Van Acquisition $216,000
FY 2022 Federal Earmark Merced Avenue Greenway Project $3,000,000 SCAG Sustainable
Communities Program Comprehensive Zoning Code Update $200,000 Caltrans Sustainable
Transportation Planning
Grant Program
Rosemead Corridor Enhancement Plan $301,002
CalFIRE Fire Prevention
Grant South El Monte CERT $15,000
LA Metro 5310 Grant Dial-A-Ride Modernization Project $272,000 TOTAL FUNDING SECURED: $4,854,002
GRANT WRITING EXPERIENCE
As the premier grant writing and advocacy firm for California municipalities, TPA has extensive experience in providing customized and effective grant writing services and has built a robust reputation by providing these services to more than 250 diverse cities throughout the state. With valuable state and federal agency relationships, an expansive understanding of countless funding programs in a wide range of policy areas, and the capacity to pursue any and all relevant opportunities, TPA has achieved over $3.2 billion in funding success on behalf of clients and has maintained a trusted client base by ensuring seamless and timely communication. The funding secured has been allocated toward projects that positively impact local communities, such as transportation infrastructure improvements, workforce development programs, regional public safety initiatives, and community beautification projects.
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.
These amounts represent grants secured through a competitive and/or legislative process.
Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134 Million $21.6 Million $155 Million Transportation $734 Million $409.5 Million $1,143 Million Education $256 Million $49.9 Million $306 Million
Parks and Recreation $306 Million $38.9 Million $345 Million Cultural Resources $140 Million $14.2 Million $154 Million Housing and Development $797 Million $42.2 Million $840 Million Public Safety $157 Million $99.8 Million $257 Million
TOTAL $2.5 Billion $676 Million $3.2 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT
FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
Proposal for Grant Writing Services | City of South El Monte Page 4
GRANT WRITING SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide grant writing services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, helping develop materials that capture all elements required by the grant, and compiling the outreach data for inclusion in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
Application timeline
Eligible project types
Funding availability and award maximums and minimums
List of application components, including proposal questions and any required attachments
Proposal for Grant Writing Services | City of South El Monte Page 5
SCOPE OF SERVICES
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application before submission.
o Submit Completed Application: TPA will ensure that applications are submitted before the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable courier service such as FedEx to provide the City with tracking and delivery confirmation for the application. TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout the grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding. • Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports and evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
Proposal for Grant Writing Services | City of South El Monte Page 6
SCOPE OF SERVICES
• Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, have needed to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow for the City to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the City and agencies to secure scope of work changes to already awarded projects to ensure the City will not have to return any hard-won grant funding.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. When grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. • Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.
TPA will provide timely electronic monthly reports on the status of all funding activity, such as current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
Proposal for Grant Writing Services | City of South El Monte Page 7
FEE SCHEDULE
ALL-INCLUSIVE RETAINER:
The proposed monthly fee represents a bundled services discount and is contingent upon the City maintaining its current contract with TPA for State and Federal Legislative Advocacy Services.
DESCRIPTION OF SERVICES MONTHLY FEE
Grant Writing Services $2,750*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Post-Award Services—Above and Beyond Advocacy Included • Comprehensive Follow-Up on Unsuccessful Applications Included • Provide Monthly Progress Reports Included
*The monthly fee includes all reasonable business and travel expenses.
City Council Agenda Report
Agenda Item No. 10.d.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Interim Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-070, AMENDING THE MASTER AFFORDABLE HOUSING
COVENANT AND DENSITY BONUS AGREEMENT,
AFFORDABILITY COVENANTS AND RESTRICTIONS
BETWEEN THE CITY OF SOUTH EL MONTE AND KB HOME
FOR THE PROPERTY LOCATED AT 2540 ROSEMEAD
BOULEVARD.
SUMMARY: Approval of amendment to the Master Affordable Housing Covenant, Density Bonus Agreement, and Affordability Covenants and Restrictions RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 070, amending the previously approved Master Affordable Housing Covenant and Density Bonus Agreement, and Affordability Covenants and Restrictions.
FISCAL/FINANCIAL IMPACT: There is no anticipated fiscal impact associated with this action
DISCUSSION: On March 15, 2022, the Planning Commission adopted Resolution No. 21-16 (“March 2022 Resolution”) approving Subdivision No. 21-16, Vesting Tentative Tract Map No. 083399, to subdivide four parcels vacant lot (12.3-acres), consisting of 207 residential units at APNs 8102-037-020 (2540 Rosemead Blvd.), 8102-037-017 and 8102-037-024 (2559-2603 Chico Avenue), and 8102-037-022 (the “Project”).
On January 28, 2025 City Council adopted Resolution No. 25-007 approving Final Map No. 83399 and Master Affordable Housing Covenant and Density Bonus Agreement, and Affordability Covenants and Restrictions Affecting Real Property and Option to Purchase Property Secured by Deed of Trust; and authorized the City Clerk to record the Final Map, Master Affordable Housing Covenant and Density Bonus Agreement, and Affordability Covenants and Restrictions Affecting Real Property and Option to Purchase Property Secured by Deed of Trust, with the Los Angeles County Recorder's office.
After an in-depth review of the agreement, staff discovered that Section 2.5 of the
affordability agreement provided a provision that designated all city employees and their relatives as ineligible purchasers. Section 2.5 shall be amended to further clarify that only the individuals involved directly in the determination of the Density and their relatives shall be designated as ineligible purchasers of an affordable housing unit. The language that shall be amended in section 2.5 is provided below:
No Relative (as defined below) of (a) any employee, officer, board member or shareholder of Developer (or any successor Developer of the Project) or any of its members, affiliates or subsidiaries, or (b) any City Council member, Planning Commissioner, Director, or other employee or official of City, who materially participated in the determination of the Density Bonus contemplated herein, may purchase a Restricted AH Unit. "Relative" shall mean a parent, children, sibling, spouse, uncle, aunt, cousin, niece, nephew, grandparent, and grandchild and shall also extend to any of the foregoing persons related through marriage (i.e., in-laws or step relationships)
ATTACHMENT(S):
A. Resolution No. 25-070
B. First Amendment to Master Affordable Housing Density Agreement C. Master Agreement
ATTACHMENT A
RESOLUTION NO. 25-070
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AN AMENDMENT TO THE MASTER
AFFORDABLE HOUSING COVENANT AND DENSITY
BONUS AGREEMENT BETWEEN THE CITY AND KB HOME
GREATER LOS ANGELES, INC. FOR THE PROPERTIES
LOCATED AT THE CITY OF SOUTH EL MONTE, COUNTY
OF LOS ANGELES, CALIFORNIA (APNs 8102-037-020, 8102-
037-022, 8102-037-024 & 8102-035¬017)
WHEREAS, on February 18, 2025 (the “Effective Date”), the Parties executed and entered into the Master Agreement in relation to the development of certain real property in City of South El Monte, County of Los Angeles, California (APNs 8102-037-020, 8102-037-022, 8102-037-024 & 8102-035¬017) (“Property”); and
WHEREAS, the City granted a Density Bonus as provided for in the Master Agreement and in satisfaction of Developer’s obligations and covenants contained therein; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit A; and WHEREAS, the execution of this First Amendment was approved by the City of South El Monte City Council at its Regular Meeting of July 15, 2025, under Resolution No. 25-070.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE AS FOLLOWS:
Section 1. No Relative (as defined below) of (a) any employee, officer, board member or shareholder of Developer (or any successor Developer of the Project) or any of its members, affiliates or subsidiaries, or (b) any City Council member, Planning Commissioner, Director, or other employee or official of City, who materially participated in the determination of the Density Bonus contemplated herein, may purchase a Restricted AH Unit. "Relative" shall mean a parent, children, sibling, spouse, uncle, aunt, cousin, niece, nephew, grandparent, and grandchild and shall also extend to any of the foregoing persons related through marriage (i.e., in-laws or step relationships).
Section 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
Section 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
01257.0005/868433.2
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 15th day of July 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 certifies that the foregoing Resolution, being Resolution No. 25-070, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 15th day of July 2025, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adrian Garcia, MMC, City Clerk
ATTACHMENT B
FIRST AMENDMENT TO MASTER AFFORDABLE HOUSING COVENANT AND
DENSITY BONUS AGREEMENT
THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled “MASTER AFFORDABLE HOUSING COVENANT AND DENSITY BONUS AGREEMENT” dated February 18, 2025 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of ______________ 2025 (hereinafter, the “Effective Date”), by and between the CITY OF SOUTH EL MONTE, a municipal corporation (hereinafter, “City”) and KB HOME GREATER LOS ANGELES, INC., a California corporation (hereinafter, “Developer”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and Developer. The capitalized term “Party” may refer to either City or Developer, interchangeably as appropriate.
RECITALS
This FIRST AMENDMENT is made and entered into with respect to the following facts:
WHEREAS, on February 18, 2025 (the “Effective Date”), the Parties executed and entered into the Master Agreement in relation to the development of certain real property in City of South El Monte, County of Los Angeles, California (APNs 8102-037-020, 8102- 037-022, 8102-037-024 & 8102-035017) (“Property”); and
WHEREAS, the City granted a Density Bonus as provided for in the Master Agreement and in satisfaction of Developer’s obligations and covenants contained therein; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit A; and
WHEREAS, the execution of this First Amendment was approved by the City of South El Monte City Council at its Regular Meeting of , 2025, under Resolution No. XX.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 2.5 of the Master Agreement is hereby amended in its entirety to state as follows:
No Relative (as defined below) of (a) any employee, officer, board member or shareholder of Developer (or any successor Developer of the Project) or any of its members, affiliates or subsidiaries, or (b) any City Council member, Planning Commissioner, Director, or other employee or official of City, who materially participated in the determination of the Density Bonus contemplated herein, may purchase a Restricted AH Unit. "Relative" shall mean a parent, children, sibling, spouse, uncle, aunt, cousin, niece, nephew, grandparent, and grandchild and shall also extend to any of the
foregoing persons related through marriage (i.e., in-laws or step relationships).
SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
"Developer":
By: KB HOME GREATER LOS ANGELES, INC.
______________________________
Keltie B. Cole, President
"City":
CITY OF SOUTH EL MONTE
Rene Salas, City Manager
APPROVED AS TO FORM
Susie Altamirano, City Attorney