Gloria Olmos, Mayor/Chair
Hector Delgado, Mayor Pro Tem/ Vice Chair
Manuel Acosta, Councilmember/
Boardmember
Rudy Bojorquez, Councilmember/
Boardmember
Larry Rodriguez, Councilmember/
Boardmember
Rene Salas, City Manager/Executive
Director
Susie A. Altamirano, City Attorney/
General Counsel
Adrian Garcia, City Clerk/Secretary
Masami Higa, Director of
Finance/Treasurer
CITY OF SOUTH EL MONTE
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE
SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
July 15, 2025, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
PUBLIC COMMENT
Those wishing to participate during Public Comment may do so in person at the South El Monte City Hall Council Chambers, or may submit written public comments by emailing [email protected]. Emailed public comments are due by 5:00 p.m., and should be limited to no more than 250 words. Written public comments will be provided to the City Council and will be part of the record but will not be read aloud.
To participate during public comment via teleconference, see below:
Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or call in: 1 669 900 6833, when prompted, enter 86581711880#
LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/Meeting-Agendas-Minutes. After the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.
AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 at least 72 hours prior to the meeting.
MEETINGS
The City Council holds regular meetings on the first and third Tuesday of every month.
Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.
POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).
Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.
VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at
https://www.cityofsouthelmonte.org/129/Meeting-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday, 7:00 a.m. to 5:30 p.m.
Closed on Fridays and major holidays.
ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:
Adrian Garcia, MMC, City Clerk
Ph (626) 443-4928
Cell (626) 926-3071
Sabrina A. Muhne, Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998
LEVINE ACT DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST
City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.
AGENDA BEGINS ON THE FOLLOWING PAGE
1. ROLL CALL
Councilmembers/Boardmembers: Acosta, Bojorquez, Rodriguez, Mayor Pro Tem/Vice Chair Delgado, and Mayor/Chair Olmos
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Hector Delgado
3. INVOCATION
Pastor Ryan Clouse, Valley Community Outreach
4. PRESENTATIONS
4.a. Certificates of Recognition to recipients of the 2025 State of the City $100 Scholarships from Epiphany Catholic School, Miramonte Elementary School, and Monte Vista Middle School
4.b. Certificate of Recognition to El Paisano Restaurant for their thirty-three years of business in the City
4.c. Sheriff's Department Report for the Month of June 2025
4.d. Code Enforcement and Public Safety Department Report for the Month of June 2025
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.
6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.
Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.
7. CONSENT CALENDAR - CITY COUNCIL
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
Consent Calendar Items 7.a. through 7.d. next page.
CONSENT CALENDAR (CONTINUED)
7.a. CONTINUED FROM THE JULY 1, 2025, REGULAR CITY COUNCIL
MEETING - CONSIDERATION AND APPROVAL FOR AUTHORIZATION
TO SOLICIT PROPOSALS THROUGH THE REQUEST FOR PROPOSAL
PROCESS (RFP) FOR PUBLIC SAFETY SERVICES
The City of South El Monte is requesting proposals from qualified professional firms to provide the City with public safety services.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to provide public safety services in the form attached to the agenda report and authorize the City to solicit proposals.
7.b. CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2025, AND THE REGULAR CITY
COUNCIL MEETING MINUTES OF JULY 1, 2025
Staff is requesting approval of Minutes for the June 26, 2025, Special City Council Meeting and the July 1, 2025, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the June 26, 2025, Special City Council Meeting and the July 1, 2025, Regular City Council Meeting.
7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-065, APPROVING WARRANTS FOR THE PERIOD OF JULY 2, 2025,
THROUGH JULY 15, 2025
Authorizing payment of City expenditures for the period of July 2, 2025, through July 15, 2025, totaling $1,990,685.45.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25-065, authorizing payment of City expenditures.
7.d. CONSIDERATION AND APPROVAL OF PROPOSED DARK COUNCIL MEETING DATES FOR THE MONTH OF AUGUST 2025
Staff is requesting City Council "go dark" on Tuesday, August 5, 2025, and Tuesday, August 19, 2025, as the City Council will be taking a recess during the month of August 2025.
RECOMMENDED ACTION: Staff recommends City Council approve "going dark" on Tuesday, August 5, 2025, and Tuesday, August 19, 2025.
Consent Calendar Items 7.e. through 7.g. next page.
CONSENT CALENDAR (CONTINUED)
7.e. CONSIDERATION AND APPROVAL OF A REQUEST FOR
PROPOSALS (RFP) FOR CONSULTING SERVICES TO UPDATE THE
CITY'S LOCAL HAZARD MITIGATION PLAN (LHMP) AND
AUTHORIZING STAFF TO SOLICIT PROPOSALS
The Federal Disaster Management Act of 2000 (“DMA 2000”) requires every local, county, and state government to have an approved Local Hazard Mitigation Plan (“LHMP” or “the Plan”). In addition to minimizing the impact of major hazard events on the community, completion of the LHMP also maintains eligibility for future hazard mitigation funding following any significant disaster. As a result of the DMA 2000 legislation, hazard mitigation is now considered to be the first step in preparing for emergencies, rather than the final step in recovery. The City’s current LHMP will conclude its five-year lifecycle and expire on December 28, 2026.
On January 31, 2025, the City was awarded a Hazard Mitigation Grant Program (“HMGP”) by the U.S. Department of Homeland Security and the California Governor’s Office of Emergency Services (Cal OES) for the grant amount of $151,500.00 with a 25% non-Federal share cost of $50,500 for a total cost of $202,000.00 and an additional Federal share of $10,000 for Management cost.
RECOMMENDED ACTION: Staff recommends that the City Council approve the Request For Proposal (“RFP”) for Consulting Services to update the City's LHMP Local Hazard Mitigation Plan and authorize staff to solicit proposals.This action solely approves the RFP and authorizes staff to solicit proposals.
7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-066
AWARDING AN AGREEMENT TO VASQUEZ & COMPANY LLP FOR
AUDITING SERVICES
On June 5, 2025, the City issued a Request for Proposal (RFP) for Auditing Services and received two proposals. Staff reviewed the proposals and determined that of the two companies, Vasquez & Company (Vasquez) provided the best overall value to meet the needs of the City.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25-066, approving a three-year agreement with a two-year renewal option with Vasquez.
7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-067, NOTICE OF INTENT TO VACATE SLOPE EASEMENT AT 1606 DURFEE AVENUE
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.
8. CONSENT CALENDAR - SUCCESSOR AGENCY
Items on the Consent Calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the Board during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.
8.a. CONSIDERATION AND APPROVAL OF PROPOSED DARK
SUCCESSOR AGENCY MEETING DATE FOR THE MONTH OF
AUGUST 2025
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 27, 2024.
9. PUBLIC HEARINGS - None
10. GENERAL BUSINESS
10.a. CONSIDERATION AND APPROVAL OF TWO AGREEMENTS WITH
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) TO
PARTICIPATE IN THE SGV WORK FORCE PROGRAM
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.
General Business Items 10.b. through 10.d. next page.
GENERAL BUSINESS (CONTINUED)
10.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-068, OF
AN EMERGENCY PURCHASE AND INSTALLATION OF AUDIO AND
VISUAL COUNCIL CHAMBER EQUIPMENT
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.
10.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-069, ADOPTING CONTRACT AMENDMENT NO. 3 WITH TOWNSEND
PUBLIC AFFAIRS LLC FOR GRANT WRITING SERVICES
The contract with Townsend Public Affairs LLC (Townsend) for grantwriting 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.
10.d. 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.
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.
General Business Item 10.e. next page.
GENERAL BUSINESS (CONTINUED)
10.e. DISCUSSION AND CONSIDERATION OF RESOLUTION NO. 25-071,
APPROVING THE FORMATION OF THE SOUTH EL MONTE
COMMUNITY BENEFIT FOUNDATION
Discussion and consideration of a Resolution approving the formation of the South El Monte Community Benefit Foundation by the South El Monte City Council.
RECOMMENDED ACTION: Staff recommends City Council:
1. Discuss and consider the formation of the City of South El Monte Community Benefit Foundation (Foundation);
2. Adopt Resolution No. 25-071;
3. Authorize the City Clerk or designee to draft any and all documents necessary to form the Foundation;
4. Direct Staff to develop a process for selecting the first Board of Directors of the Foundation for review and approval;
5. Work with the City Attorney to draft the Foundation’s Bylaws and Articles of Incorporation to reflect a community-led governance structure; and
6. Provide additional direction to Staff.
11. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.
12. CORRESPONDENCE - None
13. COUNCILMEMBERS’ AGENDA
13.a. COUNCILMEMBER MANUEL ACOSTA
1. Update on Commercial and Home Developments in South El Monte
2. Discussion/Action: South El Monte Emergency Preparedness – Flood Preparedness!
14. CLOSED SESSION - None
15. ADJOURNMENT OF CITY COUNCIL AND SUCCESSOR AGENCY MEETING NEXT REGULAR CITY COUNCIL MEETING:
Tuesday, September 2, 2025, at 6:00 p.m.
CERTIFICATION
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on this July 10, 2025, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org.
Adrian Garcia, MMC
City Council Agenda Report
Agenda Item No. 4.a.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Certificates of Recognition to recipients of the 2025 State of the City $100 Scholarships from Epiphany Catholic School,
Miramonte Elementary School, and Monte Vista Middle School SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.b.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Certificate of Recognition to El Paisano Restaurant for their thirty-three years of business in the City
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 4.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: Sheriff's Department Report for the Month of June 2025 SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. June 2025 PowerPoint
South El Monte
June 2025
Crime Statistics
South El Monte
Part I Crime Statistics – June 2021-2025 YTD
South El Monte 1 yr % change 4 yr % change
Homicide NC NC
Rape 700% 100%
Aggravated Assault 46% -30%
Robbery 100% -9%
Burglary -25% -30%
Theft -14% -35%
Grand Theft Auto -23% -60%
Arson 67% 400%
Total -7% -36%
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 5
10 15
20 25
30 35
40 0
2 13
5 10
36 17
0 1
0 9
3 36
33 12
0 0 0
6 3
24 27
18 0 0 0
4 5
14 24
6 0 0
4 5
5 10
17 5
1 South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 10
20 30
40 50
60 70
80 90
0 3
28 6
24 68
39 0
1 0
15 8
77 61
27 1 0 0
10 7
35 59
33 2
0 0
9 7
20 49
17 0 0
4 21
6 27
52 19
2 South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 20
40 60
80 100
120
0 4
35 10
43 106
52 1 0 0
18 10
96 89
43 0 0 1
15 10
62 100
41 2
0 0
13 8
28 81
24 0 0
5 25
9 42
67 29
2 South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 20
40 60
80 100
120
140
0 4
38 13
62 121
73 1 0 0
22 13
124
115
69 1 1 1
22 12
83 121
48 2 0 0
16 9
47 103
37 1 1
5 28
12 48
85 33
5 South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 20
40 60
80 100
120
140
160
0 3
43 16
76 147
88 1 0 0
30 18
144
137
89 1 1 1
30 16
105
150
61 2 0 0
22 10
70 126
50 1 2
5 34
17 59
105
38 5
South El Monte
2021 2022 2023 2024 2025
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft Auto Arson
0 50
100
150
200
250
0 4
54 22
97 194
108
1 2 1
45 20
165
177
100
1 1 1
32 18
118
186
72 3 0 1
26 10
91 146
56 1 3
8 38
20 68
126
43 5
South El Monte
2021 2022 2023 2024 2025
South El Monte
Part I Crime Statistics – June 2021-2025 YTD
2021 2022 2023 2024 2025
0 10
20 30
40 50
60 70
80 90
100
83 94
78 53
47 South El Monte
2021 2022 2023 2024 2025
0 20
40 60
80 100
120
140
160
180
200
168
190
146
102
131
South El Monte
2021 2022 2023 2024 2025
0 50
100
150
200
250
300
250
258
230
154
179
South El Monte
2021 2022 2023 2024 2025
0 50
100
150
200
250
300
350
400
311
345
290
213 217
South El Monte
2021 2022 2023 2024 2025
0 50
100
150
200
250
300
350
400
450
373
420
366
280
264
South El Monte
2021 2022 2023 2024 2025
0 100
200
300
400
500
600
480
511
431
333
309
South El Monte
South El Monte
Part I Crime Statistics – 2025 Monthly Breakdown
& Arrests YTD
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 2
4 6
8 10
12 14
16 18
0 4
5 5
10 17
5 1
SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 16
35 13
1 SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 0
Rape 4 0 1 5
Aggravated Assault 5 16 4 25
Robbery 5 1 3 9
Burglary 11 18 13 42
Theft 17 36 14 67
Grand Theft Auto 6 13 10 29
Arson 1 1 0 2
Total 49 85 45 0 0 0 0 0 0 0 0 0 179
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 18
36 13
1 0
1 4
3 13
14 10
0 SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
South El Monte YTD
Res Burg 3
Other Burg 65
Petty Theft 50
Grand Theft 52
Theft from Vehicle 24
Arrests
2024 508
2025 402
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 18
36 13
1 0
1 4
3 13
14 10
0 1
0 3 3
6 18
4 3
SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 18
36 13
1 0
1 4
3 13
14 10
0 1
0 3 3
7 18
4 3
0 0
6 5
10 20
5 0
SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
South El Monte January February March April May June July August September October November December Total Homicide 0 0 0 1 0 0 1
Rape 4 0 1 0 0 3 8
Aggravated Assault 5 16 4 3 6 4 38
Robbery 5 1 3 3 6 2 20
Burglary 11 18 13 7 10 9 68
Theft 17 36 14 18 20 21 126
Grand Theft Auto 6 13 10 4 5 5 43
Arson 1 1 0 3 0 0 5
Total 49 85 45 39 47 44 0 0 0 0 0 0 309
Homicide Rape Aggravated
Assault
Robbery Burglary Theft Grand Theft
Auto
Arson
0 5
10 15
20 25
30 35
40 0
4 5 5
11 17
6 1
0 16
1 18
36 13
1 0
1 4
3 13
14 10
0 1
0 3 3
7 18
4 3
0 0
6 6
10 20
5 0 0
3 4
2 9
21 5
0 SEM - Monthly 2025
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
City Council Agenda Report
Agenda Item No. 4.d.
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: Code Enforcement and Public Safety Department Report for the Month of June 2025
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Code Enforcement & Public Safety Report June 2025
City of South El Monte
Code Enforcement Report
June 2025 Recap
Raul Rodriguez
Code Enforcement Supervisor
Code Enforcement Cases
June - 116
Building Code.………………………….… 7
Business……………………………………… 4
Graffiti ( Private Property)..………… 17
Health & Safety...........................…. 3
Homeless .………………………………….. 9
Illegal Dumping/Bulk ………………….. 6/14
Vehicle & Traffic …………….…………… 2
Property Maintenance.……………….. 29
Street Vendors……………………………. 10
Streets Sidewalks …........................ 5
Parking/Zoning...………………………... 6/3
Prohibited Animals……………………... 1
Parking Citations
JUNE – 837 * Number of Citations issued differs from number of violations listed 0 20 40 60 80 100 120
80" W PARKED OVER 30 MIN
DP ADMIN FEE
DISCONNECTED TRAILER
FIRE LANE
LAWN PARKING
RED
POSTED SIGN
ON SIDEWALK
DOUBLE PARK
18" FROM CURB
15FT FROM HYDRANT
NO CURRENT TAGS
MARKED STALLS
YELLOW
HANDICAP/DISABLED ZONE
* JULY VIOLATIONS
27 1
12 4
8 102
9 15
4 27
33 58
2 3
30 Night Day - Residential
275
225
175
125
75 25
272
STREET SWEEPING –
468
Night 196
Day -
Residential
Parking Citations
JUNE Continued -
0 10 20 30 40 50 60 70 80 90
TIME (2)HR PARKING
ON CROSS WALK
BLOCKING THE ACCESS RAMP
FAILURE TO DISPLAY PLACARD
BLOCKING PUBLIC OR PRIVATE DRIVEWAY
UNLAWFUL PARKING WITHIN DISABLED ZONE
EXPIRED REGISTRATION
WITHIN INTERSECTION
NO PARKING OPPOSITE SIDE OF STREET
ALLEY PARKING
PARKING NEAR SIDEWALK ACCESS RAMPS
LICENSE PLATE DISPLAY (FRONT/REAR)
* JULY VIOLATIONS
2 1
0 2
10 1
83 1
12 2
2 18
Violations 937
City Council Agenda Report
Agenda Item No. 7.a.
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: CONTINUED FROM THE JULY 1, 2025, REGULAR CITY
COUNCIL MEETING - CONSIDERATION AND APPROVAL
FOR AUTHORIZATION TO SOLICIT PROPOSALS THROUGH
THE REQUEST FOR PROPOSAL PROCESS (RFP) FOR
PUBLIC SAFETY SERVICES
SUMMARY: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with public safety services.
RECOMMENDED ACTION: Staff recommends City Council approve the issuance of a RFP to provide public safety services in the form attached to the agenda report and authorize the City to solicit proposals.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact for soliciting proposals.
DISCUSSION: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with unarmed Public Safety Officer services, seven days a week. PSOs will be uniformed, unarmed, non-sworn personnel deployed to nonemergency and low-priority service calls.
The RFP for third-party services release date is July 16, 2025; responses to the RFP will be due on August 14, 2025 at 5:00 p.m.; and, the anticipated award of contract date is September 2025.
ATTACHMENT(S):
A. RFP Public Safety Services
REQUEST FOR PROPOSAL
Public Safety Services
CITY OF SOUTH EL MONTE
Public Works Department
1415 North Santa Anita Avenue
South El Monte, CA 91733
July 16, 2025
Submittal Deadline: 5:00 P.M. August 14, 2025
Contact:
Gerardo Marquez, Interim Director of
Community Development
Email: [email protected]
CITY OF SOUTH EL MONTE, CALIFORNIA
REQUEST FOR PROPOSAL (RFP)
Public Safety Services
Firms wishing to be considered responsive to this RFP, must submit three (3) hard copies, and one (1) electronic PDF copy (saved on a flash drive) of their proposal in a sealed envelope no later than August 14, 2025, at 5:00 p.m. The envelope should be clearly marked as shown below:
Proposal for Public Safety Services
Attention:
Gerardo Marquez, Interim Director of Community Development c/o Office of the City Clerk,
1415 Sana Anita Road
South El Monte, California 91733
Submit Questions to:
Gerardo Marquez, Interim Director of Community Development [email protected]
1. LATE OR INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED.
The proposal must include all requirements listed under “Scope of Services” and “Proposal Requirements and Other Information”. This RFP contains additional information regarding the evaluation process, general terms and conditions, and the City’s template for professional services agreements under “Attachment D”. and City staff is available to respond to questions. To facilitate proposal development, the job bulletin has been provided under “Attachment A”.
2. SCOPE OF SERVICES SUMMARY: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with unarmed Public Safety Officer services, seven days a week.
PSOs will be uniformed, unarmed, non-sworn personnel deployed to non-emergency and low-priority service calls.
3. SCOPE OF SERVICES
The City seeks proposals to provide unarmed Public Safety Officer services for 10-hour shifts, seven days a week. PSOs will be uniformed, unarmed, non-sworn personnel deployed to non-emergency and lowpriority service calls.
Services Include:
• Enforce parking ordinances and street sweeping violations • Patrol residential, commercial, park and city facilities • Tag and coordinate with LASD for removal of abandoned vehicles • Provide crowd control for city events and traffic control involving vehicles • Assist with code compliance and nuisance violations
• Respond to citizen complaints regarding public safety and code issues
Core Duties:
• Enforce parking and vehicle abatement laws
• Issue citations and warnings for parking and street violations • Post temporary signage and support public events logistics • Observe and report criminal or suspicious activity
• Serve as liaison to LASD and City departments for safety concerns • Maintain detailed records and reports of daily activities
4. OPERATIONS OVERVIEW
Public Safety Officer (PSO) Operations:
• Daily deployment in 10-hour shifts, seven days/week
• Background-checked and trained by vendor in accordance with City requirements • Dispatched via City coordination
• Equipped with City-approved uniforms, vehicles, radios, and mobile data computers • Shall not arrest, conduct vehicle stops, or issue criminal citations Event & Community Support:
• Provide assistance for City events (parades, fairs, ceremonies) • Coordinate with Code Enforcement for inspections and compliance
5. PERSONNEL & TRAINING REQUIREMENTS
• All PSOs must pass a civilian background investigation approved by the City • Vendor must perform their own background check prior to hiring • PSOs must be physically capable of all duties with or without reasonable accommodation • City reserves the right to remove/replace any personnel • Required ongoing training topics:
o Parking enforcement and citation procedures
o Conflict Resolution and De-escalation
o Report Writing
o Narcan Administration
o First Aid and Mental Health Response
o Local municipal code enforcement
6. EQUIPMENT REQUIREMENTS
The vendor must provide the following:
• City-approved patrol vehicles (clean, operational, branded) • Radios, mobile data computers, phones
• Narcan nasal spray, flashlights, uniforms (weather-appropriate) • Lockers for personnel storage
All branding on uniforms and vehicles must be approved by the City.
7. REPORTING REQUIREMENTS
Vendor must provide an electronic reporting system with the following capabilities:
• Hourly logs of areas patrolled and public interactions • Incident reports, actions taken, and agency notifications • Historical and real-time data access
• Mapping and location-specific tracking
• Monthly reports to City’s Public Safety Division
• Semi-annual and annual reports to City Council
• Custom reports upon request
8. COMMUNICATION AND OVERSIGHT
• Provide a dedicated management contact for daily coordination • Immediate reporting of significant incidents
• Monthly public safety coordination meetings with City staff • Annual performance review with City
• No unauthorized billing over contract amount without prior written approval
9. SHIFT AND SCHEDULING STANDARDS
• Ensure complete shift coverage with backup personnel
• Log shift start/end times and complete required reports • Brief incoming shifts on prior issues
• No billing for unstaffed hours
• Maintain schedule flexibility for City needs
10. ADDITIONAL DUTIES
During all shifts, PSOs will:
• Deter illegal activity and report suspicious behavior • Maintain courteous, professional demeanor
• Address unhoused individuals in coordination with City and LASD • Tag and report abandoned property in public areas
• Educate public on safety, participate in community programs • Support City departments in enforcement of quality-of-life ordinances • Serve as visible, accessible presence in community spaces • Provide non-injury accident response and support traffic control • Inspect for yard sale permits, unauthorized signage, and vendor compliance
11. SUBMISSION REQUIREMENTS
Proposals must demonstrate:
• Vendor qualifications and past experience with similar services • Staffing and training approach
• Equipment provision and maintenance plan
• Sample reporting capabilities
• Cost structure and proposed pricing
12. RESERVATION OF RIGHTS
The City reserves the right to:
• Modify staffing levels and hours
• Amend scope based on operational needs
• Select vendor based on overall value, not just price
• Terminate or reassign services based on City performance evaluations EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation is for professional services and award of a professional services contract may be made to the most qualified firm who will best serve the City’s interests taking into account the demonstrated competence and professional qualifications for the scope of services to be provided and at fair and reasonable price to the City.
The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of South El Monte in accordance with the standard Professional Services Agreement (see Attachment D). Requested changes to the Professional Services Agreement must be
identified in the proposal but may not be approved.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.
Evaluation and Award Schedule
The following is a tentative schedule of the RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are projections and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.
RFP Published July 16, 2025
Proposals Due August 14, 2025
Anticipated Consultant Selection: September 2025
CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:
Evaluation Criteria Max Points
Completeness of the Proposals and compliance with the required RFP format. 15 Understanding of scope and approach to perform tasks efficiently. 25 Experience and Qualifications of Key Staff. 25
Ability to provide cost effective resources to perform duties assigned 35 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.
The City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.
At the City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected consultants and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who has is ranked highest.
After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated, and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.
GENERAL TERMS AND CONDITIONS
The City of South El Monte shall not, in any event, be liable for any pre-contractual expenses incurred
by the consultant. Pre-contractual expenses are defined as expenses incurred by the consultant in:
1. Preparing the response to this Request for Proposal.
2. Submitting the proposal to the City.
3. Negotiating with the City in any matter related to this proposal.
4. Any other expenses incurred by consultant prior to the date of the executed agreement.
The City of South El Monte reserves the right to reject any and all proposals. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP.
The City reserves the right to cancel the services at any phase or at any point in any phase and pay the Consultant only for costs of services satisfactorily performed and incurred to that date. All data, documents and other products used or developed during the course of facilitating the services will remain the property of the City.
Rejection of Proposals: The City reserves the right to reject any and all proposals received in response to this RFP and to waive any informality in any proposal if it is determined to be in the best interest of the City to do so.
Proposal Validity Period: Submission of a proposal will signify the consultant’s agreement that the proposal, and contents thereof, are valid for 120 days following the submission of the proposal.
News Releases: News releases pertaining to the award of any contract resulting from this RFP shall not be made without prior approval of the City. The City's name and shield shall not appear on customer lists, advertising or other materials used to promote the Consultant's services without prior written approval of the City.
Closing: The City reserves the right to accept or reject any and all proposals, waive any defects or irregularity, modify the proposal terms or the selection process or negotiate a contract, along with a revised Scope of Services, schedule and fees with the Consultant. The City reserves the right to eliminate or add tasks identified in the Scope of Services with a corresponding reduction or increase in the fee. Staff shall present its recommendation to the City Council and is subject to its approval.
CITY OF SOUTH EL MONTE
PUBLIC SAFETY OFFICER (PART-TIME)
Definition
Under direction from the Code Enforcement and Public Safety Supervisor, patrols and enforces the City of South El Monte’s street ordinances, parking regulations and code compliance requirements; identifies violations and conducts vehicle abatement; responds to resident requests and complaints; provides traffic and crowd control in the event of accidents; performs other duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Code Enforcement and Public Safety Supervisor. Supervision is not exercised by this classification.
ESSENTIAL DUTIES:
• Duties may include, but are not limited to the following:
• Enforces parking ordinances; patrols residential, commercial areas, parks and makes checks in response to residents’ request; issues citations for violations of parking and stationary traffic violations; tags abandoned vehicles for impound. • Identifies violations of parking laws including those which pertain to time parking zones, handicapped zones, yellow zones for loading, and other special parking zones; responds to public complaints of abandoned vehicles; administers street sweeping regulations and scheduled activities; issues citations of vehicles violating street sweeping parking violations.
• Coordinates special Public Safety Division functions and safety activities with the Los Angeles County Sheriff and Fire Departments; reports suspicious activity, code violations, and other safety issues to appropriate personnel; assesses status of abandoned vehicles and determines if vehicle should be towed.
• Provides traffic/crowd control for accidents, parades and other special events including non-injury accident investigation; assists with traffic control when there are accidents or other incidents in need; inspects yard sales for required permits. • Serves as liaison between the community, the City’s Public Safety Division and the Sheriff’s Department for crime prevention programs.
• Contacts vehicle owners and sends warning notices for vehicle removal; follows-up on abandoned vehicle status; provides information on parking laws to citizens; posts temporary no parking signs for construction, and/or filming. • Maintains parking citation logs; prepares related written and oral reports as needed sends copies of citations to collection agency.
• Identifies and reports traffic control problems and parking signs in need of repair removes unauthorized signs and banners; informs vendors and peddlers to leave restricted areas. • Performs related duties as assigned.
JOB QUALIFICATIONS
Knowledge:
• City geography
• Applicable local and county codes, regulations and ordinances governing parking within the City limits Vehicle abatement procedures
ATTACHMENT A
Competencies:
• Professional/Technical expertise – Is comprehensively knowledgeable of the most current information, theories, techniques, practices, and procedures of the field. • Legal and Regulatory Navigation – Beyond the technical expertise of the profession, also knows and stays current on the relevant laws and regulations that pertain to the job. • Action and Result Focus – Stays clear and focused on what is expected or needs to be accomplished.
• Teamwork – Understands one’s role on the team and does whatever is needed to make the team a success. Customer Focus – Explores options and pursues solutions until customers are satisfied.
• Oral Communication – Shows attention through verbal and non-verbal cues (e.g., eye contact, smiling, nodding, body orientation).
• Writing – Uses correct vocabulary, grammar, sentence structure, spelling, and punctuation. Informing
• Attention to detail – Shows a high level of care and thoroughness in handling the details of the job. Adaptability – Adjusts quickly to changes in assignments and priorities. • Safety Focus – Putting safety first for self and others. • Handling Conflict – Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.
• Integrity and Ethics – Takes responsibility for his/her actions. • Using Technology – Proficient with equipment and computer applications used on the job.
Influencing – Persuades others to consider and adopt a new position or attitude on a topic. • Gathering and Analyzing Data – Identifies information needed to understand or address an issue.
• Critical Thinking and Problem Solving – Breaks down problems into components and recognizes interrelationships.
• Self-Management – Knows and adheres to policies and procedures.
Minimum Qualifications
Experience:
Two (2) years of experience with public contact, parking enforcement and traffic control.
Education:
High school diploma or equivalent. Associate’s degree or higher in administration of justice or public administration is preferred.
Licenses and Certificates:
• Possession of a valid California driver's license and a satisfactory driving record. Post Certificate 8.32 (citation authority class) is preferred. • May be required to obtain a certification of first aid and CPR training within six (6) months of employment.
• Successful completion of the Powers of Arrest course, which satisfies PC Section 832 (a) of the California Penal Code within six (6) months of employment is preferred.
Additional Requirements
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that
must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
• Required to stand, sit, walk, talk, hear and to use hands to finger, grasp and perform repetitive motions. Occasionally lift up to 25 pounds.
• Vision abilities required by these positions are those required to operate City vehicles in patrol operations.
• Repetitive tasks performed for extended periods of time requiring standing, sitting, walking, kneeling, crouching, stooping, and bending; pushing, pulling, and reaching overhead and above shoulders.
• Lift and move up to 50 pounds with assistance.
Working Conditions:
• Work performed at both inside and outside environments. • Possible exposure to inclement weather conditions including wet and/or humid conditions, heat, fumes, or airborne particles.
• Noise level is occasionally loud in field settings.
• Drive a vehicle to perform City business.
ATTACHMENT B
AFFIDAVIT OF NON-COLLUSION
I state that I am ________________________________ (title) ________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.
I state that:
1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. 2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. 4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. 5) (name of firm), its affiliates,
subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that_ (name of firm) understands and acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract. _______________________________________
(Authorized Signature)
_______________________________________
(Name of Company/Position)
Sworn to and subscribed before me this day ________________ of _____________,20__. ____________________________________________
Notary Public for California
My Commission Expires: ____________________________
ATTACHMENT C
CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):
Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.
ATTACHMENT D
PROFESSIONAL SERVICES CONTRACT TEMPLATE
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
______________
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
______________
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and _________ (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
2 1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
3 1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________ (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
4 2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
5 ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for ____ additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
6 ___________________________ _____________________________ (Name) (Title)
___________________________ ______________________________ (Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Rene Salas, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
7 4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense
8 during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
9 (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
10 (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
11 liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be
12 maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
13 6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons
14 for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
15 specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City ________________ liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
16 7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
17 8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
18 9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal corporation
Rene Salas, City Manager
ATTEST:
Adrian Garcia, City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
____________________________________
By:
Name:
Title:
By:
Name:
Title:
Address: ____________________________
____________________________________
“If applicable,” two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
II. Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
III. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
IV. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
V. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
C-2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
II. Consultant shall deliver the following tangible work products to the City by the following dates.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
EXHIBIT ”E”
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMEDINSURED COMPANIES AFFORDING
COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.)
COVERAGE POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
Consultant'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of South El Monte, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of South El Monte and the named insured is covered under the policy: Consultant agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly orindirectly from the wrongful or negligent actions of Consultant's officers, employees, agents or others employed by Consultant while engaged by Consultant in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of South El Monte
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
City Council Agenda Report
Agenda Item No. 7.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 THE SPECIAL CITY COUNCIL MEETING MINUTES OF JUNE 26, 2025, AND THE
REGULAR CITY COUNCIL MEETING MINUTES OF JULY 1,
2025
SUMMARY: Staff is requesting approval of Minutes for the June 26, 2025, Special City Council Meeting and the July 1, 2025, Regular City Council Meeting.
RECOMMENDED ACTION: Staff is requesting approval of Minutes for the June 26, 2025, Special City Council Meeting and the July 1, 2025, Regular City Council Meeting.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT Spec CC Minutes 06-26-25
B. DRAFT Reg CC Minutes 07-01-25
CITY OF SOUTH EL MONTE
SPECIAL CITY COUNCIL MEETING MINUTES
Thursday, June 26, 2025 - 6:30 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:30 P.M.
Mayor Olmos announced she was participating remotely via audio/visual and stated that no other individuals 18 years of age or older were present in the room at the remote location.
1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos (via Zoom)
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Susie A. Altamirano, City Attorney; Adrian Garcia, City Clerk; Masami Higa, Director of Finance; Ariana De La Cruz, Director of Community Services; Iyob Tessema, Director of Human Resources and Risk Management; Danilo Batson, Interim Director of Public Works; and Sabrina Muhne, Deputy City Clerk.
Zoom was provided for the public to participate during Public Comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Councilmember Rodriguez led the Pledge of Allegiance.
Mayor Olmos offered a brief invocation.
3. APPROVAL OF THE AGENDA
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Bojorquez, to approve the agenda. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
4. PUBLIC COMMENT
Mayor Olmos opened Public Comment.
1. John Ventura, resident, requested clarification on the Public Comment statement, spoke on Agenda Item 5.a. and expressed concerns on political decisions.
PUBLIC COMMENT (CONTINUED)
2. Richard Angel, resident, spoke on public safety, cannabis buffer zones, and Agenda Item 5.a.
3. Denise Silva, resident and Community Services Commissioner, inquired on how residents are notified of calling special meetings, and expressed concerns on Agenda Item 5.a.
4. Olivia, resident, expressed concerns on the calling of special meetings, expressed concerns on Agenda Item 5.a., and requested notification on the budget audit meetings.
5. Roseanne Angel, resident, spoke on the Public Safety Division, the July 1st Regular City Council Meeting, and cannabis.
6. Monica Ramos, resident, expressed concerns on Agenda Item 5.a.
7. Ruth Escalera, resident, spoke on the July 1st Regular City Council Meeting, and Agenda Item 5.a.
8. Patricia Saucedo, resident, expressed concerns on Agenda Item 5.a.
9. Joe Martinez, resident and Public Safety Supervisor, spoke in support of the Public Safety Division, and expressed concerns on Agenda Item 5.a.
10. Pastor Patricia Garrett, spoke on hearing the public comments, and spoke on Agenda Item 5.a.
11. Hortencia Vasquez, resident and Community Services Commissioner, expressed concerns on Agenda Item 5.a.
There being no further public comments, Mayor Olmos closed Public Comment.
Mayor Pro Tem Delgado, Councilmember Bojorquez, Councilmember Acosta, and Mayor Olmos made comments in response to the public comments received.
Councilmember Rodriguez directed questions to the City Manager and commented in response to the public comments received.
5. GENERAL BUSINESS
5.a. FISCAL YEAR (FY) 2025-2026 ANNUAL BUDGET ADOPTION
Mayor Olmos introduced the item, and Rene Salas, City Manager, introduced Masami Higa, Director of Finance, who provided a report.
Discussion ensued on the topics of tuition reimbursement, the forecasted deficit, savings with the proposed budget changes, insurance benefit rates for City employees, 2022 tax measures, tariffs affecting the deficit, the reserves, the Public
GENERAL BUSINESS (CONTINUED)
Item 5.a.
Safety Division’s services and staff numbers, current and future cuts, contracted costs vs. in-house costs, budget amendments, prior budget discussions, future revenues, and the Finance Department’s transparency and awards.
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Bojorquez, to approve Resolution No. 25-057, the FY25-26 Proposed Budget.
Mayor Olmos requested clarification on the cost-cutting strategies that would be adopted in the proposed budget.
Substitute Motion by Mayor Olmos, seconded by Councilmember Acosta, to amend the main motion to not include the elimination of the Public Safety Division.
Second Substitute Motion by Councilmember Rodriguez, seconded by Mayor Olmos, to continue the item to the July 1, 2025, Regular City Council Meeting.
Second Substitute Motion passed 4-1, by the following vote:
AYES: Councilmember(s): Acosta, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): Bojorquez
ABSENT: Councilmember(s): None
The Substitute Motion and Main Motion were withdrawn.
6. CLOSED SESSION
At 8:08 p.m., Mayor and City Council recessed into Closed Session.
6.a. CONFERENCE WITH LEGAL – ANTICIPATED LITIGATION - Pursuant to California Government Code Sections 54956.9(d)(2) and 54569(e)(1):
One Matter.
At 10:09 p.m., Mayor Olmos reconvened the meeting with all councilmembers present.
Susie A. Altamirano, City Attorney, announced City Council discussed Item 6.a., a report was provided, feedback was given, and there was no reportable action.
14. ADJOURNMENT
There being no further business coming before this body, at 10:10 p.m., Mayor Olmos adjourned the meeting in honor of Edward Rozuk, IV and Esther De La Rosa, to a Regular City Council Meeting on Tuesday, July 1, 2025, at 6:00 p.m.
Minutes prepared by Sabrina A. Muhne, Deputy City Clerk. ___________________________ ______________________
Adrian Garcia, MMC, City Clerk Gloria Olmos, Mayor
approved
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, July 1, 2025 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 P.M.
1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Susie A. Altamirano, City Attorney; Adrian Garcia, City Clerk; Masami Higa, Director of Finance; Ariana De La Cruz, Director of Community Services; Iyob Tessema, Director of Human Resources and Risk Management; Danilo Batson, Interim Director of Public Works; Gerardo Marquez, Interim Director of Community Development; and Sabrina Muhne, Deputy City Clerk.
Zoom was provided for the public to participate during Public Comment via teleconference.
2. PLEDGE OF ALLEGIANCE – Councilmember Bojorquez led the Pledge of Allegiance.
3. INVOCATION – Pastor Gary Clouse, Valley Community Outreach, offered the invocation.
4. PRESENTATIONS
4.a. Mayor and City Council presented a proclamation to Ariana De La Cruz, Director of Community Services and to the Community Services staff, proclaiming “the Month of July 2025 as Parks Make Life Better Month.”
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Councilmember Acosta requested to move Agenda Item 12.a.1. to be heard before Agenda Item 9.d.
Susie A. Altamirano, City Attorney, announced that staff is requesting to continue Agenda Item 7.e. to the July 15, 2025, Regular City Council Meeting, to continue Agenda Item 9.a. to the September 2, 2025, Regular City Council Meeting, and Walk-On Agenda Item 9.d. requires two-thirds approval from the council.
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Rodriguez, to approve the agenda as amended. Motion passed 5-0, by the following vote:
approved
APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF ORDINANCES (CONTINUED)
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened Public Comment.
1. Dalila Galvan, resident, requested Councilmember Acosta to speak on her behalf due to illness, and expressed concerns on a scam solicitation she received from the National Police Association requesting donations on behalf of the South El Monte City Council.
2. Michael Grijalva, Teamsters Local 986, opposed Agenda Item 7.e.
3. Lisa Ducharme, Region Commissioner, American Youth Soccer Organization (AYSO Region 908), spoke in support of Agenda Item 9.b., requesting the fee waiver so they can continue to keep the costs minimal for the players and introduced the Every Player in the Community (EPIC) program for special needs players.
4. Denise Silva, resident and Community Services Commissioner, expressed concerns on Agenda Items 7.e. and 9.d., and shared other cost-cutting ideas.
5. Dr. Elizabeth Evans, Superintendent, Valle Lindo School District, recognized the City and thanked the Public Safety Department for supporting the schools at ceremonies and events.
6. Winston Vega, resident, expressed concerns on Agenda Item 7.e., and shared that he has seen positive changes at the schools since the Public Safety Officers have been assisting with parking and traffic flow issues.
7. Monica Ramos, resident, expressed concerns on Agenda Item 9.d., and concurred with the prior speakers' comments on the traffic issues at the schools.
8. Pastor Ben Garrett, resident, expressed concerns on Agenda Item 9.d.
9. John Ventura, resident, expressed pride in seeing the Parks & Recreation staff honored at the meeting, shared his work history with the City, expressed concerns on the holding of the June 26th Special City Council Meeting, expressed concerns on Agenda Item 9.d., and spoke on the votes against a Town Hall to discuss cannabis buffer zones.
10. Irma Peniche, resident, expressed concerns on Agenda Item 9.d.
approved
PUBLIC COMMENT (CONTINUED)
11. Maria Heng, expressed concerns on Agenda Item 9.a.
12. Joe Martinez, Public Safety Supervisor, expressed concerns on Agenda Item 9.d.
13. Emma Ramos, resident, expressed concerns on Agenda Item 9.a.
14. Danny Olmos, resident, expressed concerns on Agenda Item 9.d.
15. Eduardo Sauceda, resident, spoke on a public records request status, spoke on Agenda Item 9.d., and the cannabis measure.
16. Ruby Rose Yepez, expressed kudos to the Parks & Recreation team and their receiving recognition from the City, and spoke on Agenda Item 9.d.
17. Letter from Lester Pascual, resident, was read aloud by the Mayor expressing concerns on Public Safety issues and concerns on Agenda Items 9.a. and 9.d.
There being no further public comments, Mayor Olmos closed Public Comment.
7. CONSENT CALENDAR
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Acosta, to approve the Consent Calendar as amended. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
7.a. Approved the Minutes for the June 17, 2025, Regular City Council Meeting.
7.b. Adopted Resolution No. 25-058, authorizing payment of City expenditures for the period of June 18, 2025, through July 1, 2025, totaling $1,027,597.57.
7.c. Adopted Resolution No. 25-059, approving Subaward ENP252608 by and between the County and City for Elderly Nutrition Program Services from July 1, 2025, to June 30, 2026, and authorized the City Manager or designee to execute agreement.
7.d. Adopted Resolution No. 25-060, accepting the completion of the FY 24-25 Pavement Rehabilitation Project, authorized the City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office, and released retention accordingly.
CONSENT CALENDAR (CONTINUED)
approved
7.e. This item was continued.
8. PUBLIC HEARINGS
8.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-061,
APPROVING SPECIAL ASSESSMENT FOR UNPAID TRASH
COLLECTION FEES AS OF MARCH 31, 2025, DELINQUENT AND
OUTSTANDING AT JUNE 1, 2025
Mayor Olmos introduced the item and opened the Public Hearing.
1. Denaee Amaya, Director of Government Affairs, Athens Services, shared that she is available to answer questions on delinquent accounts.
2. Eduardo Sauceda, resident, spoke on outstanding bills and late fees.
There being no further public comments, Mayor Olmos closed the Public Hearing.
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Acosta, to adopt Resolution 25-061, approving the Report of delinquent accounts to be placed as a Special Assessment on the FY2025-2026 property tax roll and authorizing the City Manager, or his designee, to submit to the Los Angeles County Assessor the delinquent account Report. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
8.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-062,
APPROVING THE ANNUAL LEVY OF THE SEWER SERVICE FEE FOR
FISCAL YEAR 2025-2026
Mayor Olmos introduced the item and opened the Public Hearing.
There being no public comments, Mayor Olmos closed the Public Hearing.
Motion by Councilmember Rodriguez, seconded by Councilmember Bojorquez, to adopt Resolution No. 25-062, adopting the Written Report and approving the annual levy of the Sewer Service Fee for Fiscal Year 2025-2026 at $35.37 per sewer unit. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
9. GENERAL BUSINESS
approved
9.a. CONTINUED FROM THE JUNE 3, 2025, REGULAR CITY COUNCIL
MEETING - UPDATE ON CANNABIS BUFFER ZONE MAPS
This item was continued to the September 2, 2025, Regular City Council Meeting.
9.b. LETTER FROM SOUTH EL MONTE AMERICAN YOUTH SOCCER
ORGANIZATION REQUESTING A FACILITY FEE WAIVER FOR THE
USE OF DEAN L. SHIVELY PARK FIELD AND CONSIDERATION TO
WAIVE THE LIGHT FEES ASSOCIATED WITH THE RESERVATION
Mayor Olmos introduced the item.
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Acosta, to approve the facility fee waiver request for the use of Shively Park field in the amount of $41,000.00, and to waive the reservation light fees at Shively Park, estimated at $12,450.00. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 25-063,
AMENDING AND STREAMLINING THE PROVISIONS FOR MEDICAL
OPT OUT AND ADMINISTRATION LEAVE
Mayor Olmos introduced the item, and Masami Higa, Director of Finance, presented a report.
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Acosta, to adopt Resolution No. 25-063, amending and streamlining the provisions for Medical Opt-out and Administrative Leave. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Rodriguez, Mayor Pro Tem Delgado, and Mayor Olmos
NAYS: Councilmember(s): None
ABSENT: Councilmember(s): None
Agenda Item 12.a.1. was heard at this time.
12.a. COUNCILMEMBER MANUEL ACOSTA
1. A Review of City Reserves and its Purpose.
Councilmember Acosta summarized his item and requested a definition or policy on when it is appropriate to dip into the City reserves.
COUNCILMEMBER MANUEL ACOSTA (CONTINUED)
approved
Item 12.a.1.
Discussion ensued on the reserves increasing, new business economics and developers, budget cuts, the existing reserve policy, clarification on staff’s direction
Motion by Councilmember Acosta, seconded by Mayor Olmos, to create a policy where reserves will be used during economic uncertainties, especially to cover short-term deficits.
Councilmember Rodriguez and Mayor Pro Tem Delgado requested clarification on the direction to bring back a new policy.
Substitute Motion by Mayor Olmos, seconded by Councilmember Acosta, to stay within the policy and use the reserves as needed.
Councilmember Rodriguez requested clarification on how this action differs from the existing policy.
Second Substitute Motion by Councilmember Bojorquez, seconded by Mayor Pro Tem Delgado, to continue this item so staff can provide a presentation on the existing policy and to provide recommendations on how to expand on that policy. Second Substitute Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Bojorquez, Rodriguez, and Mayor Pro Tem Delgado
NAYS: Councilmember(s): Acosta, and Mayor Olmos
ABSENT: Councilmember(s): None
The Substitute Motion and the Main Motion were withdrawn.
9.d. FISCAL YEAR (FY) 2025-2026 ANNUAL BUDGET ADOPTION
Mayor Olmos introduced the item, and Masami Higa, Director of Finance, provided a brief report.
Councilmember Acosta shared additional cost-cutting ideas such as a temporary hiring freeze, compared in-house public safety service versus contracted public safety service, looking for grants, reducing the number of community events, reducing the number of hours for one-time community events, reducing the frequency of the newsletter, reducing crime saturation, and reducing janitorial frequency.
Other discussion topics included adopting the budget and later amending it with the other cost-cutting ideas, the prior surplus, public input, prior budget decisions, the reserves,
GENERAL BUSINESS (CONTINUED)
approved
Item 9.d.
Motion by Mayor Olmos, seconded by Councilmember Acosta, to approve the budget, minus the cost-cutting measure number four to outsource the Public Safety Division. Motion failed 2-3, by the following vote:
AYES: Councilmember(s): Acosta, and Mayor Olmos
NAYS: Councilmember(s): Bojorquez, Rodriguez, and Mayor Pro Tem Delgado
ABSENT: Councilmember(s): None
Motion by Mayor Pro Tem Delgado, seconded by Councilmember Bojorquez, to adopt Resolution No. 25-064, FY25-26 Proposed Budget. Motion passed 3-2, by the following vote:
AYES: Councilmember(s): Bojorquez, Rodriguez, and Mayor Pro Tem Delgado
NAYS: Councilmember(s): Acosta, and Mayor Olmos
ABSENT: Councilmember(s): None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the Rio Hondo College Foundation’s A Taste of Rio event, a Parks & Recreation community pool party, and the annual Temple Station Explorer Scholarship Award Ceremony, and the League of California Cities Disaster Recovery Checklist and Best Practices for Municipalities webinar.
Councilmember Bojorquez announced he had nothing to report.
Mayor Pro Tem Delgado announced he had nothing to report.
Councilmember Rodriguez announced he had nothing to report.
Mayor Olmos announced she attended the following: the Rio Hondo College Foundation’s A Taste of Rio event, the annual Temple Station Explorer Scholarship Award Ceremony, and a Parks & Recreation community pool party.
11. CORRESPONDENCE – NONE
12. COUNCILMEMBERS’ AGENDA
12.a. COUNCILMEMBER MANUEL ACOSTA
1. A Review of City Reserves and its Purpose.
This item was heard before Agenda Item 9.d.
COUNCILMEMBERS’ AGENDA (CONTINUED)
approved
Item 12.a.
2. South El Monte Public Safety Officers Less Expensive than Contract Public Safety Officers.
This item was skipped due to action being taken on Agenda Item 9.d., and no action was taken on this item.
3. Special City Council Meetings
Councilmember Acosta summarized his item and directed questions to the City Attorney.
Susie A. Altamirano, City Attorney, responded to questions related to specific criteria per Government Code 54956, and the procedural process for calling of a special meeting.
No action was taken on this item.
12.b. MAYOR GLORIA OLMOS
To revisit Agenda Item 9.a. from the June 3, 2025, Regular City Council Meeting agenda, that specifies the now safe buffer of 1,000 feet in regards to the cannabis. To keep it at 1,000 feet. Not to change it to 600 feet.
This item was skipped due to Agenda Item 9.a. being moved to the September 2, 2025, Regular City Council Meeting, and will be discussed at that time.
No action was taken on this item.
13. CLOSED SESSION
At 8:06 p.m., Mayor and City Council recessed into Closed Session.
13.a. CONFERENCE WITH LEGAL – ANTICIPATED LITIGATION - Pursuant to California Government Code Sections 54956.9(d)(2) and 54569(e)(1):
Two Matters.
At 8:30 p.m., Mayor Olmos left Closed Session.
At 9:09 p.m., Mayor Olmos reconvened the meeting with all councilmembers present.
Susie A. Altamirano, City Attorney, announced City Council discussed Item 13.a., a report was provided, feedback was given, and there was no reportable action.
14. ADJOURNMENT
approved
There being no further business coming before this body, at 9:12 p.m., Mayor Olmos adjourned the meeting in honor of Esther De La Rosa, to a Regular City Council Meeting on Tuesday, July 15, 2025, at 6:00 p.m.
Minutes prepared by Sabrina A. Muhne, Deputy City Clerk. ___________________________ ______________________
Adrian Garcia, MMC, City Clerk Gloria Olmos, Mayor
City Council Agenda Report
Agenda Item No. 7.c.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-065, APPROVING WARRANTS FOR THE PERIOD OF
JULY 2, 2025, THROUGH JULY 15, 2025
SUMMARY: Authorizing payment of City expenditures for the period of July 2, 2025, through July 15, 2025, totaling $1,990,685.45.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 065, authorizing payment of City expenditures.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. Resolution No. 25-065 - 07.15.25
B. Expense Approval Report 7.15.25
ATTACHMENT A
RESOLUTION NO. 25-065
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF JULY 2, 2025, THROUGH JULY 15, 2025,
TOTALING $ 1,990,685.45.
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.
CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 24/25 Electronic Warrants 7/2/25-7/15/25 DFT0002866-2895 $156,255.08 FY 24/25 Regular Warrants 7/2/25-7/15/25 16725-16806 $1,594,639.75 Payroll Direct Deposit PPE 7/5/25 10429-10580 $214,970.26 Payroll Check PPE 7/5/25 2120-2148 $24,820.36
TOTAL EXPENDITURES RESOLUTION NO. 25-065 $ 1,990,685.45 PASSED, APPROVED, AND ADOPTED this 15th day of July 2025. _____________________________
Gloria Olmos, Mayor
ATTEST:
__________________________________
Adrian Garcia, MMC, City Clerk
Attachment: Exhibit A – Expense Report
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-065, 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
Vendor Name
CALIFORNIA JPIACALIFORNIA JPIACALIFORNIA TEAMSTERS LOCAL 911CALIFORNIA TEAMSTERS LOCAL 911CONTAINER ALLIANCE COMPANYJASON MARSHALLJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJOSE GONZALEZ NICHOLASMIGUEL MORANMYA GRIEGOSTATE OF CA FRANCHISE TAX BOARDT-MOBILE USA INCVONS CREDIT UNIONCALIFORNIA JPIACEJA, BEATRISCEJA, BEATRISDELILAH PONCEHECTOR DELGADOLARRY RODRIGUEZRIO, PAMRIO, PAMRODERICK PANTOJARUDY BOJORQUEZSAN GABRIEL VALLEY WATERARIANA GUTIERREZNICOLE VALDEZABRAHAM FLORES ROJOALLIANT INSURANCE SERVICESAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCBASE HILL, INC.BASE HILL, INC.BLANCA M. FIGUEROA 240.00100.00
60.0070.0070.00
504.00
1,178.99
504.00
3,000.00
100.00125.00225.00
13.9467.72
395.00
61.9184.15
128.08
8,335.00
18.8186.73
ATTACHMENT B
Amount
572.00
1,628.00
336,307.00
2,121.931,200.002,160.772,000.001,200.002,130.722,981.67 586.61
50.0060.00
178,257.00
111.00504.00450.00
01.0150.1515.5204 16751 07/09/2025 JUNE'25 PC MEETING01.0170.1020.5515 16750 07/09/2025 6/1/25 SPECIAL CLEANING/ SCTR01.0140.1430.5406 16749 07/09/2025 DEPT. SUPPLIES01.0100.1040.5922 16749 07/09/2025 DEPT. SUPPLIES01.0170.1020.5515 16750 07/09/2025 JUNE'25 JANITORIAL SVCS01.0170.1020.5406 16749 07/09/2025 LAPTOP CHARGER01.0130.1310.5406 16749 07/09/2025 FINANCE SUPPLIES01.0170.1020.5956 16749 07/09/2025 SAFETY GLASSES & LENS WIPES01.0151.1544.5430 16748 07/09/2025 4TH OF JULY EVENT INSURANCE01.0130.1310.5406 16749 07/09/2025 DEPARTMENT SUPPLIES01.0130.1310.5406 16749 07/09/2025 DEPARTMENT SUPPLIES01.0151.1541.5430 16745 07/08/2025 TBALL SUPPLIES01.0150.1530.5430 16746 07/08/2025 6/28/25 SR EXCURSION CHARGES/ REIMBURSEMENT01.0150.1515.5204 16747 07/09/2025 JUNE'25 PC MEETING01.0151.1543.5952 16742 07/03/2025 4TH OF JULY FIREWORK BAND PERFORMANCE01.0100.1010.5910 16743 07/03/2025 JULY'25 ICA SEMINAR/ PER DIEM01.0170.1730.5720 16744 07/03/2025 5/3-6/12/25 1946 MERCED AVE01.0100.1010.5910 16740 07/03/2025 JULY'25 ICA SEMINAR/ PER DIEM01.0000.0000.4522 16741 07/03/2025 JUNE 12TH NIGHT MARKET RFND01.0000.0000.4522 16741 07/03/2025 JUNE 26TH NIGHT MARKT RFND01.0000.0000.4522 16737 07/03/2025 JUNE 26TH NIGHT MARKT RFND01.0151.1542.5952 16738 07/03/2025 4TH OF JULY BOXING SHOW OFFICIALS FEE01.0100.1010.5910 16739 07/03/2025 JULY'25 ICA SEMINAR/ PER DIEM01.0000.0000.2240 16735 07/01/2025 JUNE'2501.0100.1060.5820 16736 07/03/2025 JULY'25-JULY'26 PROPERTY & AUTO INSURANCE01.0000.0000.4522 16737 07/03/2025 JUNE 12TH NIGHT MARKET RFND01.0000.0000.4554 16732 07/01/2025 4/27/25 MVD CR DMG DEP FRND01.0000.0000.2270 16733 07/01/2025 R.R GARNISHMENT PPE 6/21/2501.0130.1330.5715 16734 07/01/2025 5/21-6/20/25 CITY CELL PHONES37.0670.6720.5977 16729 07/01/2025 STREET SIGNS01.0151.1544.5210 16730 07/01/2025 4TH OF JULY BAND PERFORMANCE01.0151.1544.5210 16731 07/01/2025 4TH OF JULY SOUND SYSTEM SVCS01.0151.1543.5952 16727 07/01/2025 STORAGE CONTAINER01.0151.1544.5210 16728 07/01/2025 4TH OF JULY BAND PERFORMANCE SVCS37.0670.6720.5977 16729 07/01/2025 FAST DRY PAINT01.0100.1060.5815 16725 07/01/2025 FY 25-26 WORKERS COMPENSATION01.0000.0000.2245 16726 07/01/2025 JUNE'25 ADMIN01.0000.0000.2245 16726 07/01/2025 JUNE'25 MISC Warrant Register
South El Monte, CA Council Meeting 07/15/25
Account Number Payment Number Payment Date Description (Item)
01.0100.1060.5810 16725 07/01/2025 FY 25-26 LIABILITY INSURANCE 282,222.00
BROTHERS AUTOMOTIVE PROPER CARE LLC
BROTHERS AUTOMOTIVE PROPER CARE LLCBROTHERS AWARDS & TROPHIESBSN SPORTS LLCCALIFORNIA BUILDING STANDARD COMMISCONDOR, INCCONDOR, INCDDC ELECTRIC SUPPLY, INC.DWS TIRESDWS TIRESECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONECOLAB PEST ELIM. DIVISIONEWING IRRIGATIONFLOCK GROUP, INCGOGOV, INCGRACIE H. RETAMOZAGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREHAJOCA CORPORATIONHASA INC.HINDERLITER, DE LLAMAS & ASSOCINNER-COOL CORPJACQUELINE RUBIOJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJEFFREY MICHAEL ORTIZKENIA VILLEGASKENNETH EUEKHEANG TANGKIMLEY-HORN AND ASSOCIATES, INC.L.A COUNTY AUDITOR-CONTROLLERL.A. COUNTY SHERIFF'S DEPT.L.A. COUNTY SHERIFF'S DEPT.LEONEL A. BARRERA JRMODERN IT, INCMODERN IT, INCNAOMI LOPEZNYDIA ROMEROOFFICE DEPOTPACIFIC PRODUCTS AND SERVICES LLCPACIFIC PRODUCTS AND SERVICES LLC 714.72
3,258.05
150.00150.00
59,449.62
475,596.99
6,342.01
13,530.00
100.00100.00
2,213.892,213.89
311.57
0.872.20
150.00
10.8015.4619.32
744.19150.30
96.64 150.00841.90
2,090.56
900.00270.89
1,200.00
250.00150.00221.00
70.0029.9929.70
557.73
1,329.00
747.56
14,133.5413,559.00
160.43
35.0030.00
341.15222.56
79.20 5,244.00
24,000.00
93.91 01.0100.1020.5405 16781 07/09/2025 OFFICE SUPPLIES37.0670.6720.5977 16782 07/09/2025 SEMH ST/RD MNTC PROJECT37.0670.6720.5977 16782 07/09/2025 SEMH ST/RD MNTC PROJECT01.0150.1515.5204 16780 07/09/2025 JUNE'25 PC MEETING
01.0150.1515.5204 16779 07/09/2025 JUNE'25 PC MEETING01.0130.1330.5215 16778 07/09/2025 JULY'25 MANAGED SVCS01.0130.1330.5215 16778 07/09/2025 JULY'25 OFFICE 36501.0110.1110.5220 16776 07/09/2025 MAY'2025 LAW ENFORCEMENT SVCS01.0110.1110.5610 16776 07/09/2025 MAY'2025 LIABILITY INSURANCE01.0140.1410.5204 16777 07/09/2025 JUNE'25 PC MEETING01.0140.1410.5204 16773 07/09/2025 JUNE'25 PC MEETING40.0900.9000.5968 16774 07/09/2025 MAY'25 TRF SIGNAL TIMING/ENG#60701.0100.1020.5215 16775 07/09/2025 FY 25-26 NET OPERATING EXPENSES37.0670.6720.5977 16770 07/09/2025 PAVEMENT MARKERS01.0140.1410.5204 16771 07/09/2025 JUNE'25 PC MEETING01.0000.0000.4554 16772 07/09/2025 6/28/25 MVD CR FULL RFND (CANCELLED)37.0670.6720.5977 16770 07/09/2025 NIGHT MARKET RENTAL & RTN37.0670.6720.5977 16770 07/09/2025 STREET SIGNS ST/RD MAINT01.0151.1545.5499 16770 07/09/2025 6/26 NIGHT MARKET CANCEL MESSAGE BOARD01.0130.1310.5904 16767 07/09/2025 APR-JUNE'25 SALES TAX01.0170.1710.5520 16768 07/09/2025 6/26/25 CHILLER VALVE REPAIR CHALL01.0140.1410.5204 16769 07/09/2025 JUNE'25 PC MEETING37.0670.6720.5977 16764 07/09/2025 PARTS SEMH ST/RD MNTC01.0160.1650.5520 16765 07/09/2025 RESTROOM REPAIR NTP01.0160.1640.5425 16766 07/09/2025 6/25 CHEMICAL DELIVERY01.0160.1630.5520 16764 07/09/2025 FAWCET REPAIR MCTR01.0170.1720.5520 16764 07/09/2025 PARTS YARD CAMERAS01.0160.1630.5520 16764 07/09/2025 WATER PIPE REPAIR MCTR01.0140.1410.5204 16763 07/09/2025 JUNE'25 PC MEETING01.0160.1630.5520 16764 07/09/2025 STUCCO PAPERPARK/ MCTR01.0160.1650.5520 16764 07/09/2025 GASKET RESTROOM REPAIR NTP01.0160.1650.5520 16760 07/09/2025 SPEED SOUTHERN FOR WEEDS68.0900.9000.6020 16761 07/09/2025 JULY'25 FLOCK SAFETY YEAR 201.0170.7020.5215 16762 07/09/2025 9/1/25-8/31/26 CODE ENFORCEMENT SUBSCRIPTION01.0160.1610.5520 16759 07/09/2025 6/26 PEST CONTROL CCTR01.0170.1710.5520 16759 07/09/2025 6/26 PEST CONTROL CHALL01.0160.1620.5520 16759 07/09/2025 6/26 PEST CONTROL SCTR01.0170.1770.5525 16758 07/09/2025 #48 R/F TIRE44.0800.8010.5525 16758 07/09/2025 #38 REPAIR TIRE01.0170.1720.5520 16759 07/09/2025 6/26 PEST CONTROL YARD39.0900.9000.6025 16756 07/09/2025 RETENTION RELEASE POOL PJT#63068.0900.9000.6025 16756 07/09/2025 RETENTION RELEASE POOL PJT#25201.0160.1620.5520 16757 07/09/2025 EMG LIGHT RESTROOM SCTR01.0151.1542.5952 16753 07/09/2025 4TH OF JULY BOXING SHOW TROPHIES01.0151.1541.5430 16754 07/09/2025 BASKETBALL CAMP EQUIPMENT01.0000.0000.4252 16755 07/09/2025 APR-JUNE'25-BLDG STANDARDS ADMIN FEE44.0800.8010.5525 16752 07/09/2025 #45 DETAIL WASH01.0170.1770.5525 16752 07/09/2025 #30 INTERIOR/EXTERIOR DETAIL
PHOENIX GROUP INFORMATION SYSTEMS
PHOENIX GROUP INFORMATION SYSTEMSPREMIER JANITORIAL SERVICESPREMIER JANITORIAL SERVICESQUENCH USA, INC.SHARPLINE SOLUTIONS, INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHERN TIRE MART LLCSUNBELT RENTALS, INC.SUPER AUTO COLLISION CENTER INCSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSTHE SAUCE CREATIVE SERVICES CORP.THE SMOG SPOTTHE SMOG SPOTTIERRA WEST ADVISORS, INCTIERRA WEST ADVISORS, INCTOWNSEND PUBLIC AFFAIRSTRUE AUTO WERXU.S. BANKULINEUNISHIELDUNISHIELDUNISHIELDUNISHIELDUNISHIELDVICTOR MONTIELWATER CHEMISTS,DIV. OF CCI CHEMICALWAXIE SANITARY SUPPLYWEST COAST ARBORISTS, INCWHITTIER FERTILIZERWHITTIER FERTILIZERWILLDAN FINANCIAL SERVICESWINNER INTERNATIONAL INC.CHARTER COMMUNICATIONS HOLDINGS, LLCCHARTER COMMUNICATIONS HOLDINGS, LLCHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICES
37.07 126.83225.77
87.45 151.67398.05186.30227.27425.00100.00269.08126.26
3,871.009,357.76
183.50
2,000.00
881.57163.60106.24350.13
45.93 170.28
(71.99)
572.78
52.77 186.84
5.98 53.82
2,643.916,298.82
10.0690.63
18,390.00
40.0040.00
260.00
6,750.00
28,792.50
893.88
1,033.532,200.001,406.464,475.081,603.40
36,462.47
38.77 2,343.59
01.0160.1640.5520 DFT0002868 06/26/2025 PAINT FOR POOL DECK01.0160.1640.5520 DFT0002868 06/26/2025 PAINT FOR POOL01.0160.1610.5520 DFT0002868 06/26/2025 SUPPLIES FOR FRONT LOBBY/ CCTR01.0160.1610.5520 DFT0002868 06/26/2025 SUPPLIES FOR COMM. CTR
01.0160.1610.5520 DFT0002868 06/26/2025 SPRAY PAINT FOR COMM. CTR01.0160.1610.5520 DFT0002868 06/26/2025 SUPPLIES REFUND01.0160.1610.5520 DFT0002868 06/26/2025 PLANTER REPAIR01.0160.1610.5520 DFT0002868 06/26/2025 PAINT/ CCTR01.0151.1545.5430 DFT0002868 06/26/2025 SUPPLIES FOR NIGHT MARKET 61.87
01.0130.1330.5215 DFT0002866 07/01/2025 6/16-7/15/25 CABLE & INTERNET SVCS/ CHALL01.0130.1330.5215 DFT0002867 06/30/2025 6/9-7/8/25 1450 LIDCOMBE AVE01.0151.1545.5430 DFT0002868 06/26/2025 SUPPLIES FOR KRUSE FEED01.0160.1660.5520 16804 07/09/2025 GORILLA & RED CHIPS/ SHIVLEY PARK92.0000.0000.5215 16805 07/09/2025 ARBITRAGE REBATE SERVICES01.0150.1530.5952 16806 07/09/2025 HALLOWEEN & LUNCHEON SUPPLIES01.0170.1740.5435 16802 07/09/2025 JANITORIAL SUPPLIES01.0170.1750.5215 16803 07/09/2025 6/1-6/15/25 CIVIC CENTER TRIMMING01.0160.1660.5520 16804 07/09/2025 STEER FOR SHIVLEY FIELDS01.0170.1710.5420 16799 07/09/2025 7/2 FIRST AID CHALL01.0150.1515.5204 16800 07/09/2025 JUNE'25 PC MEETING01.0170.1710.5520 16801 07/09/2025 JUNE'25 H2O SVCS01.0160.1620.5420 16799 07/09/2025 7/2 FIRST AID SUPP01.0160.1610.5420 16799 07/09/2025 7/2 FIRST AID SUPP CCTR01.0160.1640.5420 16799 07/09/2025 FIRST AID SUPP/ POOL92.0000.0000.6125 16797 07/09/2025 JUNE'25-MAY'26 BOND ADMIN FEE01.0170.1740.5435 16798 07/09/2025 JANITORIAL SUPPLIES01.0170.1720.5520 16799 07/09/2025 7/2 FIRST AID SUPP YARD01.0170.1020.5515 16794 07/09/2025 JUNE'25 INTERIM SERVICES01.0100.1020.5215 16795 07/09/2025 JUNE'25 CONSULTING SERVICES01.0170.1770.5525 16796 07/09/2025 #52 WINDOW TINT44.0800.8010.5525 16793 07/09/2025 #16 SMOG CHECK01.0170.1770.5525 16793 07/09/2025 #9 SMOG CHECK01.0140.1430.5215 16794 07/09/2025 MAY'25 ECON DEV & ICSC SVCS06.0300.3010.5430 16791 07/09/2025 FOOD ITEMS FOR CI NUTR PRGM06.0300.3020.5430 16791 07/09/2025 FOOD ITEMS FOR CII NUTR PRGM01.0100.1040.5921 16792 07/09/2025 JULY'25 CITY NEWSLETTER01.0170.1770.5525 16790 07/09/2025 UNIT #15 REPAIR & HEADLIGHT06.0300.3010.5430 16791 07/09/2025 FOOD ITEMS/ CI NUTRITION PRGM06.0300.3020.5430 16791 07/09/2025 FOOD ITEMS/ CII NUTRITION PRGM37.0670.6720.5977 16787 07/09/2025 PARTS SEMH ST TRAFFIC PROJECT01.0170.1770.5525 16788 07/09/2025 JCB TRACTOR TIRE REPAIR01.0151.1545.5499 16789 07/09/2025 FORKLIFT RENTAL NM (CANCELED)01.0151.1544.5210 16784 07/09/2025 FOURTH OF JULY EQUIPMENT RENTALS01.0160.1610.5520 16785 07/09/2025 CC' WTR FLTR JUNE'2537.0670.6720.5977 16786 07/09/2025 IMPACT RECOVERY SYSTEM/ ST & RD MTNC01.0170.7020.5215 16783 07/09/2025 MAY '25 - ADMIN CITE SVCS01.0170.1100.5215 16783 07/09/2025 MAY '25 - PARKING CITE SVCS01.0151.1543.5952 16784 07/09/2025 FIREWORK FESTIVAL EQUIPMENT RENTALS
HOME DEPOT CREDIT SERVICES
HOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSECTRAN SECURITY INC.SOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONXEROX CORPORATIONXEROX CORPORATIONCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLCEMPOWER RETIREMENT, LLC 20,502.19
584.34285.93
2,200.92
28,233.38
155.77
10,074.46
803.07
9,692.50
41,443.78
2,440.009,845.89
40.11 1,259.441,250.003,863.75
410.69422.08256.96245.57308.19365.14141.13
74.02 228.48725.53213.06
26.60 1,740.282,305.372,386.58
265.60
1,554.99
283.91
65.44 262.68482.93
96.30 143.99167.12256.03
39.7166.17
131.50
24.64 141.13399.32
01.0000.0000.2230 DFT0002883 06/30/2025 EMPLOYER MATCH01.0000.0000.2235 DFT0002883 06/30/2025 EMPLOYEE AFTER TAX01.0000.0000.2355 DFT0002883 06/30/2025 EMPLOYEE LOAN REPAYMENT01.0000.0000.2030 DFT0002882 06/30/2025 TNG TAX WTHD'G
01.0000.0000.2210 DFT0002882 06/30/2025 STATE WTHD'G01.0000.0000.2230 DFT0002883 06/30/2025 EMPLOYEE BEFORE TAX01.0000.0000.2215 DFT0002881 06/27/2025 PPE 6/21/25 FICA01.0000.0000.2215 DFT0002881 06/27/2025 PPE 6/21/25 MEDICARE01.0000.0000.2030 DFT0002882 06/30/2025 UI TAX WTHD'G01.0000.0000.2020 DFT0002880 06/27/2025 RATE PLAN 68501.0000.0000.2021 DFT0002880 06/27/2025 SERVICE CREDIT PURCHASE/ A. O01.0000.0000.2205 DFT0002881 06/27/2025 PPE 6/21/25 FEDERAL01.0000.0000.2020 DFT0002880 06/27/2025 RATE PLAN 2304701.0000.0000.2020 DFT0002878 06/27/2025 RATE PLAN 2721601.0000.0000.2020 DFT0002879 06/27/2025 RATE PLAN 2721601.0000.0000.2020 DFT0002880 06/27/2025 RATE PLAN 2721601.0130.1330.5950 DFT0002876 07/01/2025 5/30-6/29/25 COPIER LEASE01.0130.1330.5950 DFT0002877 07/01/2025 5/30-6/29/25 COPIER LEASE01.0000.0000.2020 DFT0002878 06/27/2025 RATE PLAN 68501.0170.1730.5710 DFT0002873 06/30/2025 5/15-6/15/25 1556 CENTRAL AVE01.0170.1730.5710 DFT0002874 06/30/2025 5/15-6/15/25 1530 CENTRAL AVE01.0170.1730.5710 DFT0002875 06/30/2025 5/15-6/15/25 1415 SANTA ANITA AVE01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 THIENES/ PARKWAY01.0130.1310.5280 DFT0002871 06/26/2025 JUNE'25 ARMORED SVCS01.0170.1730.5710 DFT0002872 06/30/2025 5/15-6/15/25 1824 CENTRAL AVE01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1109 PECK RD01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 FARNDON-PECK01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1660 DURFEE AVE01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1508 PECK RD01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1628 DURFEE AVE01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1710 DURFEE AVE01.0170.1730.5720 DFT0002869 07/01/2025 5/13-6/10/25 2018 DURFEE AVE01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1222 PECK RD01.0170.1730.5720 DFT0002870 07/01/2025 5/12-6/9/25 1502 PECK RD01.0170.1730.5720 DFT0002869 07/01/2025 5/13-6/10/25 1926 DURFEE AVE01.0170.1730.5720 DFT0002869 07/01/2025 5/13-6/10/25 1903 DURFEE AVE01.0170.1730.5720 DFT0002869 07/01/2025 5/13-6/10/25 11016 GOMEZ PALACIO DR01.0170.1710.5520 DFT0002868 06/26/2025 FLAG POLE POTS01.0170.1710.5520 DFT0002868 06/26/2025 FLAG POLE PLANTS01.0170.1750.5962 DFT0002868 06/26/2025 STEP FOLDING PLASTIC LADDERS01.0170.1710.5520 DFT0002868 06/26/2025 DOCUMENT BOXES AND TOUGH TOTE FOR SAFETY CENTER
01.0170.1710.5520 DFT0002868 06/26/2025 SUPPLIES TO INSTALL POWER01.0170.1710.5520 DFT0002868 06/26/2025 SUPPLIES FOR FLAG OF VALOR01.0160.1660.5520 DFT0002868 06/26/2025 WATER HOSESAND WATER PISTOL ECT.01.0170.1710.5520 DFT0002868 06/26/2025 MRMORIAL EVENT01.0170.1710.5520 DFT0002868 06/26/2025 FLAG MONUMENT01.0160.1640.5520 DFT0002868 06/26/2025 SCUB PADS
EXPERT PAY - STATE DISBURSEMENT UNIT
EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERWALMART COMMUNITY/GECRBSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSO CAL GAS Grand Total
67.6791.1196.8015.02
175.30193.61216.77878.80
8.47 192.39461.94283.50
24.64 141.13
24.64 854.85141.13387.92467.64820.68199.30296.82336.68113.88175.30245.57150.00429.50402.50 $ 1,750,894.83
01.0170.1730.5710 DFT0002894 07/08/2025 DEPOSIT & SERVICE CONNECTION FEE01.0170.1730.5705 DFT0002895 07/09/2025 5/30-6/30/25 1415 SANTA ANITA AVE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1900 CENTRAL AVE01.0170.1730.5720 DFT0002892 07/08/2025 5/12-6/12/25 1652 TYLER AVENUE01.0170.1730.5710 DFT0002893 07/07/2025 5/21-6/19/25 9465 GARVEY AVE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 10452 RUSH STREET01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 2000 SANTA ANITA AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 MERCED N/W SANTA ANITA01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 N LERMA/ MILLET01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 N/E MERCED SANTA ANITA01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 2022 N CENTRAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1819 N CENTRAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1530 CENTAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1819 N MERCED AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1500 N CENTRAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1556 CENTRAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1415 SANTA ANITIA AVENUE01.0170.1730.5720 DFT0002891 07/08/2025 5/20-6/17/25 2620 ROSEMEAD BLVD01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1824 CENTRAL AVENUE01.0170.1730.5720 DFT0002892 07/08/2025 5/15-6/12/25 1707 N MERCED AVE01.0170.1730.5720 DFT0002888 07/08/2025 5/19-6/16/25 2218 ROSEMEAD BLVD01.0170.1730.5720 DFT0002889 07/08/2025 5/19-6/16/25 2004 ROSEMEAD BLVD01.0170.1730.5720 DFT0002890 07/08/2025 5/20-6/17/25 2464 ROSEMEAD BLVD01.0170.1730.5720 DFT0002885 07/02/2025 5/14-6/11/25 1450 LIDCOMBE01.0170.1730.5720 DFT0002886 07/02/2025 5/14-6/11/25 1675 DURFEE AVE01.0151.1541.5490 DFT0002887 07/02/2025 SNACK BAR FOOD SUPPLIES01.0000.0000.2270 DFT0002884 06/27/2025 CASE 145731301.0000.0000.2270 DFT0002884 06/27/2025 CASE 20000000213528901.0000.0000.2270 DFT0002884 06/27/2025 CASE 0980438
City Council Agenda Report
Agenda Item No. 7.d.
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 PROPOSED DARK
COUNCIL MEETING DATES FOR THE MONTH OF AUGUST
2025
SUMMARY: Staff is requesting City Council "go dark" on Tuesday, August 5, 2025, and Tuesday, August 19, 2025, as the City Council will be taking a recess during the month of August 2025.
RECOMMENDED ACTION: Staff recommends City Council approve "going dark" on Tuesday, August 5, 2025, and Tuesday, August 19, 2025.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: Each year during the month of August, City Council 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. 7.e.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Sr. Executive Assistant to City Council/Community Liaison
SUBJECT: CONSIDERATION AND APPROVAL OF A REQUEST FOR
PROPOSALS (RFP) FOR CONSULTING SERVICES TO
UPDATE THE CITY'S LOCAL HAZARD MITIGATION PLAN
(LHMP) AND AUTHORIZING STAFF TO SOLICIT
PROPOSALS
SUMMARY: The Federal Disaster Management Act of 2000 (“DMA 2000”) requires every local, county, and state government to have an approved Local Hazard Mitigation Plan (“LHMP” or “the Plan”). In addition to minimizing the impact of major hazard events on the community, completion of the LHMP also maintains eligibility for future hazard mitigation funding following any significant disaster. As a result of the DMA 2000 legislation, hazard mitigation is now considered to be the first step in preparing for emergencies, rather than the final step in recovery. The City’s current LHMP will conclude its five-year lifecycle and expire on December 28, 2026.
On January 31, 2025, the City was awarded a Hazard Mitigation Grant Program (“HMGP”) by the U.S. Department of Homeland Security and the California Governor’s Office of Emergency Services (Cal OES) for the grant amount of $151,500.00 with a 25% non-Federal share cost of $50,500 for a total cost of $202,000.00 and an additional Federal share of $10,000 for Management cost.
RECOMMENDED ACTION: Staff recommends that the City Council approve the Request For Proposal (“RFP”) for Consulting Services to update the City's LHMP Local Hazard Mitigation Plan and authorize staff to solicit proposals.This action solely approves the RFP and authorizes staff to solicit proposals.
FISCAL/FINANCIAL IMPACT: Staff anticipate a minimal cost, not to exceed $1,000, for the publication of the RFP in the local newspaper. There is sufficient funding available within the respective Emergency Management Budget in the adopted FY 2025/26 Budget to account for this expense. Staff will recommend an award of contract at a future meeting date for the City Council's consideration, with an anticipated date of September 2, 2025.
DISCUSSION: Pursuant to the Disaster Mitigation Act of 2000 (“DMA 2000”), the City is seeking a qualified consultant to coordinate, facilitate, and update the City's LHMP, a plan that should be updated every 5-five years to keep it current and consistent with federal requirements. The DMA 2000 provides the legal basis for the Federal Emergency Management Agency (FEMA) mitigation planning requirements for State, local, and Indian Tribal governments as a condition of mitigation grant assistance. The LHMP Local Hazard Mitigation Plan will be updated in a form consistent with FEMA and Cal OESapproved mitigation plans to ensure eligibility for grant assistance in the event of a disaster.
The scope of work will include developing a planning team and plan development; public engagement; review of plans; risk assessment; hazard mitigation strategy; completion of draft; review of draft; plan maintenance; adoption of plan; and closeout. The LHMP will assess hazards posing a risk to the City, including: biological, chemical, dam/levee break, drought, earthquake, fire, flood, land subsidence, nuclear, terrorist, and toxic substances.
Areas of vulnerability will also be assessed, and mitigation goals and objectives will be established to reduce or avoid their potential negative impacts. The scope of work will also include new FEMA rules that will require opportunities for the general public as well as interested external agencies (e.g., adjoining jurisdictions, commissions, etc.) to participate in the planning process. The City will focus on new FEMA rules on community outreach engagement, especially to underserved communities and socially vulnerable populations.
A FEMA-approved plan will help make the City and plan participants more disasterresistant and pave the path towards improved resilience. Staff, therefore, recommends that the City Council approve the RFP for Consulting Services to Update the City's LHMP and authorize staff to solicit proposals. Once approved, the release date for the RFP will be Wednesday, July 16, 2025, and the submission deadline will be August 14, 2025, at 4:00 p.m.
ATTACHMENT(S):
A. 2025 Hazard Mitigation RFP JULY
1 Request for Proposals
To Provide the City of South El Monte with a Local Hazard Mitigation Plan
RFP Release Date: July 16, 2025
RFP Response Due: 4:00 p.m. August 14, 2025
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 2 Table of Contents
I. General Information
Community Profile
II. Purpose & Services Description
III. Scope of Services
IV. Information to be Included in the Qualifications Submittal (Proposal) V. Corrections
VI. General Information
Vll. Insurance Requirements
Vlll. Right to Reject All Proposals
IX. Consultant Agreement
x. Attachments
A. Affidavit of Non-Collusion
B. Claims History
C. Sample Professional Services Agreement
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 3 I. General Information
Community Profile
Incorporated in 1958, the City of South El Monte is an industrial community of approximately 21,000 residents, encompassing 2.3 square miles. The City is located approximately 13 miles east of downtown Los Angeles and is adjacent to two major freeways and a major State Route in the San Gabriel Valley.
South El Monte offers a good blend of older and younger residents working in the same dedication and community spirit that the city was founded upon. Both residents and the City's business community are working together to make the City a better place to live and work.
After almost six decades, the City of South El Monte has matured into a viable commercial and industrial base, with over 2,400 businesses within its 2.3 square miles.
The City is currently focusing on improving the environment of the community and making it a better place to live and work.
Overview
The City is seeking consulting services from a qualified firm that specializes in developing and updating a Local Hazard Mitigation Plan (LHMP).
II. PURPOSE & SERVICES DESCRIPTION
The purpose of this Request for Proposals (RFP) is to select the most-qualified consultant to update the City's LHMP for the City of South El Monte. The City will award no more than one contract on a not-to-exceed basis.
The selected consultant's responsibilities will include, but is not limited to, updating the LHMP; conducting community outreach regarding the changes to the LHMP; submitting the LHMP to California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) for review and approval; making necessary revisions to the LHMP that Cal OES and FEMA suggest; resubmitting the LHMP to Cal OES and FEMA for approval (if necessary); assisting with relevant presentations to City Planning Commission and City Council; and, providing the City with all maps in ArcGIS and PDF format.
The Consultant shall prepare final LHMP services bid documents (e.g., descriptions of services, fee and rate schedule, bid proposal) and provide LHMP services for the City based on the scope of services as outlined below.
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 4 III. SCOPE OF SERVICES
The selected consultant shall cover all labor, tools, equipment, materials, and any supervision necessary to facilitate the LHMP planning process. The City will be responsible for assembling a Hazard Mitigation Planning Team, consisting of City personnel from Administration, Public Works, Building and Planning, and Community Services.
The selected consultant's scope of required services shall include, but is not limited to, the following tasks:
Task 1 — Kick-off Meeting and Progress Meetings — The Consultant will attend a meeting with select City staff to coordinate actions that need to be taken to ensure the LHMP is successfully updated. City staff can request progress meetings where consultant will provide the City with the status of the project.
Task 2 — Conduct necessary research and analysis to prepare a written LHMP as prescribed by FEMA's Local Mitigation Plan Review Guide and the State Local Hazard Mitigation Planning Program in compliance with the newest Federal Disaster Management Act of 2000 requirements.
Task 3 - Identify, profile, and integrate all hazards and mitigation measures, both natural and man-made, that threaten the City. They will review the hazards with the Hazard Mitigation Planning Team and request input for the strategies to mitigate these hazards.
Task 4 — Conduct public outreach meeting(s) as needed to present findings and obtain feedback on draft strategies being considered for inclusion in the LHMP. Revise draft strategies based on feedback. The scope of work will also include new FEMA rules that require opportunities for the general public, as well as interested external agencies (e.g., Adjoining jurisdictions, commissions, etc.), to participate in the planning process.
Task 5 - Prepare draft LHMPs and submit draft LHMP to Cal OES and FEMA for review.
Task 6 — Conduct public outreach meeting(s) as needed to present draft LHMP and obtain feedback on draft LHMP. Revise LHMP based on feedback.
Task 7 - Make all corrections and revisions to the LHMP as requested by City Staff, City Commissions, Cal OES, or FEMA in order for the LHMP to be approved by both FEMA and OES.
Task 8 - Other related tasks in accordance with Cal OES and FEMA LHMP guidelines.
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 5 Task 9 - Assist in preparation of Planning Commission and City Council documents and Presentation(s).
Task 10- Present and produce all maps in ArcGIS and in PDF format.
IV. INFORMATION To BE INCLUDED IN THE OUALIFICATIONS SUBMITTAL (PROPOSAL)
1. The submittal must include the following general information about the Consultant:
• Consultant's profile, including the types of services offered; the year founded; form of organization (corporate, partnership, sole proprietorship); number, size and location of offices; and number of employees. • List of similar projects that the Consultant has completed within the last five years including previous projects in which the Consultant and Subconsultants have worked together. Information on the completed projects should include project name and description; agency and client name along with the person to contact and telephone number; year completed; contract fee; and the final project cost. Clearly identify previous projects and include a summary of the roles and responsibilities of each party.
• Legal name of Consulting firm or individual, including name, corporate address and telephone number.
• Name, title, address, telephone number and email address of the individual(s) who has the authority to negotiate with the City; execute any agreement that may result from such negotiations; and will be Consultant's contact person during the Proposal evaluation period.
• Federal Tax ID or Social Security No. for firm or individual. • A statement to the effect that the Proposal shall remain valid for a period of not less than 90 calendar days from the date of submittal. • Identification of all proposed sub-Consultants or Subcontractors, including legal name of the company, address and contact person.
• Acknowledgement that Consultant is obligated by all addenda to this RFP.
Signature of a person authorized to bind Consulting firm to the terms of the Proposal.
• Signed statement attesting that all information submitted with the Proposal is true and correct.
2. A description of the project team, including resumes, day rates, and responsibilities of all assigned staff. Additionally, provide an organization chart of your company, identifying all sub-contractors.
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 6 3. The Consultant's detailed approach for completing the tasks specified in the Scope of Services. The work approach shall be sufficiently detailed to demonstrate Consultant's ability to accomplish project tasks.
4. Provide a minimum of three most-recent similar clients including name, address, contact person, phone number, and e-mail address. The City is most interested in government and California clients and may randomly select agencies to contact from your list as part of the evaluation process.
5. A description of any potential work not included in the Consultant's scope of services or which has not been identified in this RFP, which the Consultant feel is essential to the successful completion of the project. This would include additional services by the Consultant or any other necessary tasks to be provided by the City. This potential work must be clearly identified, along with a suggested basis for payment, should those services be necessary or elected by the City.
6. The City must receive proposals by the designated due date and time. Proposals received after designated time and date will not be considered.
7. Consultant's understanding of the project, scope of work, the methodology/concept to be applied and the approaches to be taken in accomplishing each requirement.
8. Fee proposal: The fee proposal shall include all tasks required to perform the work with a maximum not-to-exceed fee for each task and a grand total not-to-exceed fee. Costs shall be all inclusive, including all overhead, materials, equipment, hourly labor rate, and all other miscellaneous direct and indirect costs. The scope of work provided in this RFP will be used as a guideline. It will be the selected Consultant's responsibility to identify all necessary tasks and costs associated with the services and to ensure that all LHMP services are completed in full compliance as required with Federal and State labor standards and regulations.
The fee will be required to identify costs associated with, but not limited to, providing LHMP services. The Consultant shall provide its services for the duration of the agreement for the approved scope of work and fee.
9. Three copies of the Proposal which must not exceed 25 pages (double-sided pages count as 2 pages) shall be submitted to the City Clerk (Attn: Adrian Garcia, City of South El Monte, 1415 Santa Anita Avenue, South El Monte, CA 91733) by no later than 4:00 pm on August 14, 2025.
10. Litigation History - information on any litigation, claims, and/or matters that could have led to litigation or a claim arising out of work related to their projects or their subcontractor's projects for the last five years. Please refer to Attachment B for a more detailed list of circumstances ("Claims History").
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 7 11. Three copies of a fee Proposal for completing the proposed work, which may be placed in the same envelope as the Proposal. The proposer's fee for LHMP services shall be a fixed not-to-exceed lump sum amount.
12. Attachment A ("Affidavit of Non-Collusion") to be signed and submitted with proposal.
13. The proposal may be withdrawn upon request by the bidder without prejudice to himself/herself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the City Clerk. No proposal may be withdrawn during the period of ninety (90) calendar days after the opening of proposals.
14. The successful bidder's proposal guarantee, if required, shall be held until the contract is executed and evidence of insurance, the necessary bonds, sufficiency of surety documents and other documents as specified in the contract documents are submitted. Bid security shall be returned to unsuccessful bidders within twenty (20) days after the successful bidder has signed the contract, submitted evidence of insurance, necessary bonds, sufficiency of surety documents and other documents as specified in the contract documents.
V. CORRECTIONS
Corrections or revisions to the RFP and documents prepared by the Consultant are anticipated and shall be considered part of the normal preparation process. No extension of time or fees shall be allowed for corrections as described herein.
VI. GENERAL INFORMATION
1. The Consultant is expected to establish and maintain a close working relationship with City Staff throughout the duration of the agreement.
2. The City shall not pay any cost incurred in the preparation of a response to this Request for Proposals.
Vll. INSURANCE REOUIREMENTS
Refer to Section 13 ("Insurance") of the Sample Professional Services Agreement included in this RFP as Attachment C for insurance requirements.
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 8 Vlll. PROPOSAL REVIEW
All proposals will be reviewed by a selection committee comprised of City staff. The various significant criteria that will be considered in the evaluation of proposals are summarized below. The City's final selection will not be dictated on any single factor or criteria including price. The relative importance of those factors involves judgment on the part of the Selection Committee and will include both objective and subjective analysis. A consultant may be eliminated from consideration for failure to comply with any of the following requirements, depending upon the critical nature of such requirements as determined by the City:
1. Meaningful experience providing Hazard Mitigation Plan Services
2. Cost
3. Compliance with Scope of Services (Section Ill)
4. Responsiveness and thoroughness of proposal
5. Personnel proposed work on the project and the qualifications of those individuals, reference checks, verification of certification, if applicable, and ability to satisfy insurance requirements
6. Any other factors determined by the City to be relevant to the performance of these services
No agreement for the work will be executed with a contractor who is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code. The licensing requirements for consultant shall apply also to sub-contractors. The City reserves the right to waive minor irregularities and omissions in any submission. The City reserves the right to reject any or all submitted qualifications, and no representation is made that any contract will be awarded pursuant to this Request for Proposals. The City shall not pay any costs associated with the preparation of proposals, including but not limited to the qualification's submittal, additional information, and/or in any other aspect of a qualification's submittal prior to the award of a written contract. The City will provide only the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost or obligation that may be incurred by the respondent. All items submitted to the City shall become the property of the City. The Consultant selected will be required to sign the City's Professional Services Agreement prior to City Council approval, a copy of which will be provided upon request. The City Council has final authority in the selection of the Consultant.
Below is the anticipated schedule for the Consultant selection process:
Request for Proposal Posting /Mailing July 16, 2025
Submittal Deadline (Date proposals must
be received)
August 14, 2025 by 4:00 p.m.
Tentative Interview (if necessary) Week of August 25, 2025 Tentative City Council Award September 2, 2025
For further information, contact Mr. Rene Salas, City Manager, at 626-579-6540.
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 9 IX. CONSULTANT AGREEMENT
A sample of the City's Professional Services Agreement is provided in this RFP as Attachment C. Your proposal shall contain a statement of the firm's willingness to execute the contract with an indication of any contractual requirements for which the Consultant takes exception. The bidder to whom award is made shall execute a written contract with the City in the form included in these contract documents and shall submit evidence of insurance, sufficiency of insurer documents, and other documents as herein provided within fifteen (15) days from the date of mailing of the written Notice of Award. Failure or refusal to enter into the agreement or to conform to any of the stipulated requirements shall be just cause for the annulment of the award. In the event the bidder to whom an award is made fails or refuses to execute the agreement within said time, submit evidence of insurance, sufficiency of surety documents, or other documents as specified in the contract documents, the City may declare non-compliant/non-responsive, and it may award the work to the next bidder or may call for new bids.
If the successful bidder refuses or fails to execute the contract, furnish evidence of insurance, sufficiency of surety documents, or other documents as specified in the contract documents, the City may award the contract to the second responsible bidder. If the second responsible bidder refuses to execute the contract, furnish evidence of insurance, sufficiency of surety documents, or other documents as specified in the contract documents, the City may award the contract to the third responsible bidder to execute the contract.
END OF RFP
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 10 ATTACHMENTS TO FOLLOW
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 11 ATTACHMENT A
AFFIDAVIT OF NON-COLLUSION
I state that I am (title) of
(name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.
I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.
I state that (name of firm) understands and
acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract.
(Authorized Signature)
(Name of Company/Position)
Sworn to and subscribed before me this day of 20
Notary Public for California
My Commission Expires:
Request for Proposals
City of South El Monte — Hazard Mitigation Plan Services 12 ATTACHMENT B
CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past five (5) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):
Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
• Failure by Consultant or any sub-Consultant to enter into a contract to which it has received an award by a public entity.
• Termination for default under a contract awarded by a public entity to Consultant or any sub-Consultant.
• Debarment of Consultant or any sub-Consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). • The filing of a lawsuit or arbitration in which the Consultant or a sub-Consultant was a defendant or cross-defendant at any time within the past five (5) years that involved the performance of project, program, or construction management services and that involved an amount in controversy sought to be recovered from Consultant or the sub-Consultant of more than $100,000.00. • Conviction of Consultant, a sub-Consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
• Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
• Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-Consultant.
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ATTACHMENT C
SAMPLE PROFESSIONAL SERVICES AGREEMENT
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this day of 2025 by and between the City of South El Monte, a California, a municipal corporation ("City") and
("Consultant"). City and Consultant may be referred to, individually or collectively, as "Party" or "Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article I of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article I of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional
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standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Services shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses Permits Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum
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Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed
Dollars ($ (the "Contract Sum"), unless additional
compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and
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agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Measure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
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Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). [The City may, in its sole discretion, extend the Term for additional one-year terms.]
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents
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are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees.
Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [ or] such person as may
be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System ("CalPERS") to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant's personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
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The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(d) Workers' compensation insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
( ) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium 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
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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.
(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.
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.
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(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of 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;
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(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, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS REPORTS AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times 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
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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.
6.3Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. 101, such documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
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(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 the Consultant or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes: Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default
28 01257.0001/639895.1
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.
7.4Waiver.
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,
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to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 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.
7.9Attorneys' 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
30 01257.0001/639895.1
shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount whichmay 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.
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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 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.
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9.5Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
33 01257.0001/639895.1
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, MMC, City Clerk
APPROVED AS TO FORM:
OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
Susie Altamirano, City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 2020 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
35 01257.0001/639895.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On 2020 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
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:
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
38 01257.0001/639895.1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE TIME SUB-BUDGET
A.
B.
C.
D.
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.
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V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. c-1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A
B. Task B
C. Task C
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
EXHIBIT
41 01257.0001/639895.1
2
City Council Agenda Report
Agenda Item No. 7.f.
DATE: July 15, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-066 AWARDING AN AGREEMENT TO VASQUEZ &
COMPANY LLP FOR AUDITING SERVICES
SUMMARY: On June 5, 2025, the City issued a Request for Proposal (RFP) for Auditing Services and received two proposals. Staff reviewed the proposals and determined that of the two companies, Vasquez & Company (Vasquez) provided the best overall value to meet the needs of the City.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 066, approving a three-year agreement with a two-year renewal option with Vasquez.
FISCAL/FINANCIAL IMPACT: Vasquez's proposal for its auditing services was as follows:
FY2024-2025 $57,195
FY2025-2026 $58,911
FY2026-2027 $60,678
FY2027-2028 $62,499 Optional
FY2028-2029 $64,373 Optional
DISCUSSION: On May 6, 2025, the City Council adopted Resolution No. 25-045, authorizing the City Manager to exercise the right to terminate the contract services agreement with Moss, Levy & Hartzheim, LLP (MLH) and to authorize staff to issue an RFP for auditing services:
• On May 7, 2025, the City Manager terminated its agreement with MLH. • On June 5, 2025, staff issued RFPs to nine (9) firms that provide auditing services to neighboring cities, and also posted the RFP on its website. • Between June 5 and June 19, 2025, staff received various questions from four (4) firms.
• On June 25, 2025, staff prepared a list of questions and answers as an Addendum to the RFP, and provided it to the nine (9) firms, and also posted the Addendum on its website.
• On July 3, 2025, the City Clerk received two (2) proposals from Vasquez & Company, LLP, and LSL, LLP.
On July 7, 2025, staff reviewed the two (2) proposals and determined that Vasquez & Company (Vasquez) provided the best overall value to meet the needs of the City scored as follows:
• Criteria 1 - Completeness of the proposal and compliance with the required RFP format: Both firms scored an average of 25 points.
• Criteria 2 - Project understanding, scope and approach to develop the project efficiently: Both firms scored an average of 22.5 points. Neither specifically addressed how they intend to audit the infrastructure valuation the City plans to conduct in accordance with GASB 34 & 51, as explained in the Addendum. • Criteria 3 - Experience and qualifications of key staff: Vasquez scored an average of 25 points and LSL scored and average of 20 points for the following reasons:
o Vasquez included a specialized IT Manager as part of the audit engagement team. Staff felt that this could be important as the infrastructure valuation may contain GIS mapping data as support for the streets, curbs & gutters, sidewalks, streetlights, and sewer lines. o Staff researched the audit completion dates of Vasquez and LSL clients in Southern California, and found more examples of Vasquez completing before December 31st.
• Criteria 4 - Similar project experience: Vasquez scored an average of 25 points and LSL scored an average of 24 points as Vasquez provided more references.
Overall, Vasquez scored an average of 97.5 points total and LSL scored an average of
91.5 points total. Staff then compared the price quotes and found that they were relatively similar, with Vasquez being about 6% higher than LSL for the Annual Comprehensive Financial Report (ACFR) Audit and the Single Audit services, when excluding price quotes for services not requested within the RFP, such as Gann Limit Calculation, Measure W Audit, and preparation of the City's Financial Transactions Report and Annual Street Report that the City files annually with the State Controller.
Staff recommends City Council adopt Resolution No. 25-066, approving a three-year agreement with a two-year renewal option with Vasquez.
ATTACHMENT(S):
A. Resolution No. 25-066
B. Exhibit A to Resolution No. 25-066
ATTACHMENT A
RESOLUTION NO. 25-066
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE
AND VASQUEZ & COMPANY LLC FOR AUDITING
SERVICES
WHEREAS, the City of South El Monte issued a Request for Proposals for Auditing Services on June 5, 2025; and
WHEREAS, two proposal responses were received by the July 3, 2025, deadline; and WHEREAS, of the two proposals received, staff determined that Vasquez & Company LLP would provide the best overall value and fit to provide the auditing services for the City; and
WHEREAS, Vasquez’s proposal for a three-year contract was $176,784, or $58,928 average per year. An additional two-year mutual option is available at the conclusion of the initial three-year agreement; and
WHEREAS, the City Council now wishes to enter into an agreement with Vasquez & Company LLP for auditing services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby approves a professional services agreement (“Agreement”) with Vasquez & Company LLC to provide auditing services for the City, including all tasks requested in the RFP.
Section 2. The Mayor is directed to execute the Agreement in substantially the form attached as Exhibit A accompanying this Resolution. The Mayor and City Manager are hereby directed to take all actions necessary to enter into and effectuate the Agreement.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of July 2025.
ATTEST:
Gloria Olmos, Mayor
Adrian Garcia, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 25-066, 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
5
01257.0001/695512.1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
VASQUEZ & COMPANY LLP
ATTACHMENT B
01257.0001/695512.1 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
VASQUEZ & COMPANY LLP
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 15th day of July 2025, by and between the CITY OF SOUTH EL MONTE, a California municipal corporation (“City”) and VASQUEZ & COMPANY LLP (“Consultant”).
City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be
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responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding December 31, 2027 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two additional one-year terms related to the audit for fiscal year 2027-28 and fiscal year 2028-29.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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Cristy A. Canieda Partner, Government Practice Leader
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Finance such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required
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herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that
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has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination