South El Monte City Council
October 7, 2025

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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 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

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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 ( ) 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.

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(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.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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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 crossliability 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 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

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which Consultant is legally liable ("indemnitors"), or arising from Consultant' s or indemnitors reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, 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

6.1Records.

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

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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.

6.2Reports.

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

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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.

6.4Confidentiality 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 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

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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 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

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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 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,

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the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

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

7.9 Attorneys' Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1Non-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.

8.2Conflict 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

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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.

8.3Covenant 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.

8.4Unauthorized 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, 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.

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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.

9.3Counterparts.

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

9.4 Integration: Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5Severability.

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.

9.6Warranty & 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

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

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, City Clerk

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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.
.

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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)

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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.

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

58 01257.0001/639895.1
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. c-1

01257.0001/867754.3 B-1
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.

01257.0001/867754.3 B-2
EXHIBIT “B”

PROPOSAL SUBMITTED BY CONSULTANT & SCOPE OF WORK
Detailed Cost Proposal
Hourly Rates
Carolyn Harshman, CEM $300
Jill Caputi, CEM $150
Israel Estrada, CEM $150
Megan Harshman $100
Task
Total
Cost
Task 1 Kick-off Meeting and Progress Meetings (5 total) $10,000 Task 2 Conduct research to be in conformance with FEMA
regulations dated April 2025. $10,000
Task 3 Identify and Analyze Hazards and Mitigation Strategy $30,000 Task 4 Develop Community Outreach Strategy to Engage
Public and Stakeholders (includes developing stakeholder list, marketing materials, public and stakeholder workshop on hazards and mitigation strategy)
$15,000
Task 5 Prepare Initial, First, and Second draft LHMPs. Submit Second draft LHMP to Cal OES and FEMA for review. $65,000 Task 6 Conduct Virtual Public and Stakeholder Workshops on First Draft Plan $5,000
Task 7 Corrections and Revisions to Draft Plans Included in Tasks 2 & 5 Task 8 Other related tasks in accordance with Cal OES and FEMA LHMP guidelines. Included in Tasks 2 & 5
Task 9 Assist with Document Preparation and Participate in Planning Commission and City Council Presentation $5,000 Task 10 Present and produce all maps in ArcGIS and in PDF format. Included in Task 3
Total $140,000.00

01257.0001/867754.3 B-3

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

A. Kick-off Meeting and Progress Meetings (5 total)
B. Conduct research to be in conformance with FEMA regulations dated April 2025.

C. Identify and Analyze Hazards and Mitigation Strategy D. Develop Community Outreach Strategy to Engage Public and Stakeholders (includes developing stakeholder list, marketing materials, public and stakeholder workshop on hazards and mitigation strategy)
E. Prepare Initial, First, and Second draft LHMPs. Submit Second draft LHMP to Cal OES and FEMA for review.

F. Conduct Virtual Public and Stakeholder Workshops on First Draft Plan G. Corrections and Revisions to Draft Plans
H. Other related tasks in accordance with Cal OES and FEMA LHMP guidelines.

I. Assist with Document Preparation and Participate in Planning Commission and City Council Presentation
J. Present and produce all maps in ArcGIS and in PDF format.

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

A. Prepare Initial, First, and Second draft LHMPs. Submit Second draft LHMP to Cal OES and FEMA for review.

B. Assist with Document Preparation and Participate in Planning Commission and City Council Presentation
C. Present and produce all maps in ArcGIS and in PDF format.

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

A. Quarterly Reports to CAL OES

01257.0001/867754.3 B-4
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:

A. Carolyn Harshman, CEM $300
B. Jill Caputi, CEM $150
C. Israel Estrada, CEM $150
D. Megan Harshman $100

01257.0001/867754.3 C-1
EXHIBIT “C”

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

Task
Total
Cost
Element A: Planning Process
Plan Writing - Drafts and Final Plan $60,000
Planning Team Meeting Preparation and Delivery (5 total) $10,000 Community Outreach Strategy and Delivery (includes 1 public workshop and 1 stakeholder workshop) $25,000
Element B: Risk Assessment
Conduct Capability Assessment, Risk Assessment, Vulnerability & Impacts Assessment $20,000
Prepare HAZUS (including maps and reports) $10,000
Element C: Mitigation Strategy
Review Mitigation Action Items (included above in Planning Process – Planning Team meetings) N/A
Develop Mitigation Action Items (included above in Planning Process – Planning Team meetings) N/A
Element D: Plan Maintenance
Define Monitoring, Evaluating and Updating the Plan N/A Element E: Plan Update
Changes in Development N/A
Element F: Plan Adoption
Submit Second Draft Plan to Cal OES and FEMA for review. Complete mandated revisions. Finalize plan. (includes presentation to Planning Commission and City Council)
$15,000
Total $140,000.00

01257.0001/867754.3 C-2
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.

01257.0001/867754.3 D-1
EXHIBIT “D”

INVOICES
Pursuant to Section 2.4, all invoices shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Such categories shall also detail subcontractor charges. Consultant shall not invoice City for any duplicate services performed by more than one person.

01257.0001/867754.3 D-2
EXHIBIT “E”

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

01257.0001/867754.3 D-3
II. Consultant shall deliver the following tangible work products to the City by the following dates.

FEMA-approved City of South El Monte Hazard Mitigation 2025 expected for July 2025, along with drafts or before deadline of current HMP dated to expire Dec 2026.

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

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

DATE: October 7, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-087, APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) AGREEMENT BETWEEN THE
CITY OF SOUTH EL MONTE AND THE TREEPEOPLE INC.

SUMMARY: The Treepeople Inc. is a nonprofit organization that successfully received a federal grant with USDA Forest Service to plant trees in city right of ways and giveaway trees to the residents of South El Monte.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 087, approving an MOU agreement with Treepeople Inc.

FISCAL/FINANCIAL IMPACT: There is no financial impact to the City.

DISCUSSION: The nonprofit organization called Treepeople Inc. would like to enter into an MOU with the city to plant trees and offer trees free of charge to the residents of South El Monte to help replenish our urban forest. Treepeople Inc. will maintain workers compensation and employer’s liability, commercial general liability, commercial auto liability, and Professional liability insurance coverage each at $1,000,000.

The project is funded through the USDA Forest Service’s Inflation Reduction Act for urban and community forestry projects.

ATTACHMENT(S):

A. Resolution No. 25-087
B. TreePeople Forest Service Tree Planting MOU

ATTACHMENT A
RESOLUTION NO. 25-087

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A MOU AGREEMENT FOR TREE PLANTING

SERVICES BETWEEN THE CITY OF SOUTH EL MONTE AND
TREEPEOPLE INC.

WHEREAS, The Treepeople Inc. has entered into an agreement with the USDA Forest Service to implement a tree planting project within the City of South El Monte through a community-based model, under USDA Forest Service Grant Agreement 24-DG-11052021-215; and
WHEREAS, the City will be a beneficiary and partner of the Grant; and WHEREAS, the City desires to serve in accordance with the terms and conditions of this Agreement;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

Approves the MOU agreement between the City and the Treepeople Inc. as may be amended and approved as to form by the City Attorney.

PASSED, APPROVED, AND ADOPTED this 7th day of October 2025. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-087, was passed and approved by the City Council of the City of South El Monte City at a regular meeting of said Council Held on the 7th day of October 2025, and that Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Adrian Garcia, MMC, City Clerk

ATTACHMENT B
Memorandum of Understanding
South El Monte Urban Forest Improvement Project
USDA Forest Service Urban and Community Forestry Program This Memorandum of Understanding (hereinafter “Agreement”) is made and entered into by and between TreePeople, Inc. (hereinafter “TREEPEOPLE”), a 501 (c) 3 non-profit corporation, and South El Monte (hereinafter “PUBLIC AGENCY”), a local municipality, as of the Effective Date.

RECITALS
WHEREAS, TREEPEOPLE has entered into an agreement with the USDA Forest Service to implement a tree planting project within the City of South El Monte through a community-based model, under USDA Forest Service Grant Agreement 24-DG-11052021-215 (hereinafter “GRANT”);
WHEREAS, PUBLIC AGENCY will be a beneficiary and partner of the GRANT; WHEREAS, PUBLIC AGENCY desires to serve in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, TREEPEOPLE and PUBLIC AGENCY hereby agree as follows:

AGREEMENT

1. SCOPE OF WORK

1.01. Engagement. PUBLIC AGENCY shall work in collaboration with TREEPEOPLE to implement the GRANT activities specified in Exhibit A.

1.02. Implementation. TREEPEOPLE will implement the Scope of Work, referred to in Exhibit A, with funding provided under Grant Agreement 24-DG-11052021-215.

1.03. Contract Compliance. PUBLIC AGENCY agrees that PUBLIC AGENCY shall at all times during the term of this Agreement be subject to, and in full compliance with, all terms and conditions set forth by the GRANT as specified in Exhibit B.

2. TERM OF AGREEMENT AND TERMINATION RIGHTS

2 2.01. Term. This Agreement shall begin on the Effective Date, as here in below set forth, and shall terminate on March 31, 2029, the final date by which all work under this Agreement shall be completed.

2.02. Right of Termination. Either party may terminate this Agreement at any time and for any reason, subject only to providing written notice to the non-terminating party at least thirty (30) days’ prior to the date upon which services by the terminating party shall cease.

2.02 (a). Termination by TREEPEOPLE. In the event of termination by TREEPEOPLE, PUBLIC AGENCY shall immediately take all reasonable measures to prevent further costs to TREEPEOPLE under this Agreement. TREEPEOPLE shall be responsible for any reasonable and non-cancelable obligations incurred by PUBLIC AGENCY in the performance of this Agreement prior to the date of TREEPEOPLE’s delivery of the Termination Notice.

2.02 (b). Termination by PUBLIC AGENCY. In the event of termination by PUBLIC AGENCY, TREEPEOPLE shall immediately take all reasonable measures to prevent further costs to PUBLIC AGENCY under this Agreement.

3. PROJECT REPRESENTATIVES
The Project Representatives during the term of this Agreement are as follows:

TREEPEOPLE PUBLIC AGENCY
Authorized Signer Authorized Signer
Daniel Berger NAME Rene Salas
Executive Director TITLE City Manager
12601 Mulholland Drive 1415 Santa Anita Ave.

Beverly Hills, CA 90210 S. El Monte, CA 91733
[email protected] EMAIL [email protected]
(818) 753-4600 PHONE NUMBER 626 636 6499
Project Contact Project Contact

NAME NAME

TITLE TITLE
12601 Mulholland Drive 1415 Santa Anita Ave.

Beverly Hills, CA 90210 South El Monte, CA 91733

EMAIL EMAIL

PHONE NUMBER PHONE NUMBER

3 4. INDEPENDENT ENTITY
PUBLIC AGENCY shall at all times and for all purposes under or in connection with this Agreement be and remain an independent entity. Nothing in this Agreement, or in the course of dealing between PUBLIC AGENCY and TREEPEOPLE under or in connection with this Agreement, shall be interpreted or construed as giving rise to, or conferring upon PUBLIC AGENCY, the status as an agent or employee of TREEPEOPLE.

5. INDEMNIFICATION
PUBLIC AGENCY agrees to indemnify, defend, and hold harmless TREEPEOPLE and all its officers, employees, agents or consultants from all third party claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of any wrongful or negligent act, or error by PUBLIC AGENCY under this Agreement, except to the extent attributable to TREEPEOPLE or its officers, employees, agents or consultants negligence or willful misconduct.

TREEPEOPLE agrees to indemnify, defend, and hold harmless PUBLIC AGENCY and all its officers, employees, agents or consultants from all third party claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of any wrongful or negligent act, or error by TREEPEOPLE under this Agreement, except to the extent attributable to PUBLIC AGENCY or its officers, employees, agents or consultants negligence or willful misconduct.

6. INSURANCE REQUIREMENTS
During the term of this Agreement, TREEPEOPLE shall maintain, at a minimum, the following insurance coverage:
a) Workers Compensation and Employer's Liability insurance with statutory limits for the state(s) in which the services are to be performed. TREEPEOPLE policy shall include (i) Employer’s Liability coverage of $1,000,000 each accident. b) Commercial General Liability Insurance coverage of $1,000,000 per occurrence and naming TreePeople as an additional insured.

4 c) Commercial Auto Liability insurance coverage of $1,000,000 that covers all autos owned, hired, borrowed, or used by TREEPEOPLE or its personnel in performing any service.
d) Professional Liability Insurance (errors and omissions) with a limit of $1,000,000 each claim and in the aggregate covering claims of TreePeople and third parties arising out of TREEPEOPLE performance or nonperformance of the services. Such coverage shall commence on the date that services start and extend for two (2) years after the services are completed. Only applicable to those providing professional services.

7. COMPLIANCE WITH GRANT 24-DG-11052021-215
This project is funded through the USDA Forest Service’s Inflation Reduction Act funding for Urban and Community Forestry, and, by signing this Agreement, PUBLIC AGENCY certifies that they will comply with all applicable terms and conditions of such contract as provided by Exhibit B.

8. REPRESENTATIONS AND WARRANTIES BY PUBLIC AGENCY

8.01. Permits, Licenses, and Approvals. PUBLIC AGENCY represents and warrants to TREEPEOPLE that it has or shall provide all permits, licenses, and approvals necessary to accomplish the services in the Agreement, pay all charges and fees, and give all notices necessary.

PUBLIC AGENCY further represents and warrants that it shall keep in effect all such permits, licenses, and other approvals during the term of this Agreement.

8.02. Subcontractors. PUBLIC AGENCY warrants that any subcontractors required by PUBLIC AGENCY in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement or as are specifically authorized by TREEPEOPLE during the performance of this Agreement. Any substitutions in, or additions to, such subcontractors shall be subject to the prior written approval by TREEPEOPLE.

8.03. Regulatory Compliance. PUBLIC AGENCY represents and warrants that it shall comply, and shall secure compliance by its employees, agents, contractors, and sub-contractors, with all applicable health and safety standards and regulations, including, without limitation, federal, state, and local regulations.

9. RECORDS, INSPECTION, AND AUDIT RIGHTS

5 PUBLIC AGENCY shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of thirty-six (36) months after the Completion Date.

TREEPEOPLE will provide a written notice to PUBLIC AGENCY at least ten (10) days prior to arranging a date to view the above-mentioned materials.

10. MEDIATION
The Parties hereto agree to attempt reconciliation prior to bringing legal action by submitting any dispute to mediation by a neutral third party under the laws of the State of California, the selection of such neutral third party agreed to by both parties to this Agreement. If any legal action is brought by any party to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees and court costs in such amount as shall be allowed by the court. For purposes of this provision, ‘prevailing party’ shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, the performance of the covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.

11. GENERAL TERMS AND CONDITIONS

11.01. No Rights for Third Parties. No provision of this Agreement is intended to give rise to any right by any third party or entity not a party to this Agreement or any provision of this Agreement.

11.02. Modifications and Complete Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

12. FISCAL IMPACT
There is no financial exchange between TREEPEOPLE and the PUBLIC AGENCY.

13. EFFECTIVE DATE
The Effective Date of this Agreement shall be the date last-below-signed.

This Agreement is deemed to be entered into in the County of Los Angeles and shall be governed by laws of the State of California.

TREEPEOPLE PUBLIC AGENCY

6 12601 Mulholland Drive 1415 Santa Anita Ave
Beverly Hills, CA 90201 South El Monte, Ca 91733
__________________________________ __________________________________ Signature Signature
Name: Daniel Berger Name: NAME Rene Salas
Title: Executive Director Title: TITLE City Manager
Date: __________________ Date: ____________________

7 Exhibit A: Scope of Work
TREEPEOPLE, shall conduct the following activities to accomplish the the GRANT:
● Identify potential tree planting sites within the City in accordance with the USDA Forest Service’s requirements for “disadvantaged communities.” ● Procure 250, 15-gallon trees.
● Organize and implement the planting of 250 trees in coordination with PUBLIC AGENCY staff to abide by permitting and approval processes. ● Conduct community outreach and engagement to solicit the volunteer participation of local community members.
● Conduct three years of establishment and oversight care to promote the establishment of trees.

In partnership with TREEPEOPLE, the PUBLIC AGENCY shall conduct the following activities:
● Where feasible, support the coordination of tree planting and care events with

TREEPEOPLE
● Provide temporary yard space for vehicles and supplies ● Provide access to water for trees.
● Provide long-term care for trees planted through this project by incorporating the trees into existing tree management planning and trimming cycles. ● In the event TREEPEOPLE’s agreement with the USDA Forest Service is terminated before March 2029, the PUBLIC AGENCY will commit to providing establishment tree care services for public trees planted.

Volunteer events will primarily be conducted on Saturdays and Sundays. Volunteer recruitment will focus on the local community to promote a sense of ownership of the trees planted.

TreePeople will conduct volunteer organization, including volunteer recruitment, sign-in, training, and oversight. TreePeople will provide volunteers with adequate supplies and knowledge to successfully plant and care for trees during volunteer activities.

All work completed by TreePeople and volunteers will be done according to the International Society of Arboriculture (ISA) standards for tree planting and tree care. TreePeople will use nonmechanical tools to conduct all project activities. TreePeople will provide the necessary tools and supplies to ensure the successful planting and establishment of trees from this project.

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

DATE: October 7, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-089, APPROVING A FIRST AMENDMENT TO EXISTING
AGREEMENT EXECUTED ON MARCH 21, 2025, FOR
PROFESSIONAL SERVICE WITH TIERRA WEST, INC.

SUMMARY: Since March 21st, 2025, TierraWest has been providing economic development services to the city of South El Monte. Staff recommends approving amendment #1 with TierraWest to continue providing economic services in the amount of $49,500.

RECOMMENDED ACTION: Staff recommends approving Resolution No. 25-089 First Amendment with TierraWest Advisors Inc. to provide economic development services.

FISCAL/FINANCIAL IMPACT: The amendment #1 of $49,000 will be paid out of General Fund Balance
DISCUSSION: TierraWest Advisors Inc continues to provide professional services in the areas of economic development and strategic planning. The continuance of services under amendment #1 includes completing the strategic planning questionnaire process and meeting with City Council and Director-level staff, developing the city's economic strategic plan, and to continue identifying new tenants, developers, and investors for opportunity sites in the city.

Therefore, staff recommends approving First Amendment not to exceed budget of $49,500.

ATTACHMENT(S):

A. Resolution No. 25-089
B. Contract Amendment #1
C. Agmt No. 2025-18 - Tierra West Advisors Inc - SEM ICSC-Economic Development

ATTACHMENT A
RESOLUTION NO. 25-089

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF SOUTH
EL MONTE AND TIERRAWEST ADVISORS INC.

WHEREAS, Tierra West Advisors, Inc. has been providing professional services since March 21st, 2025; and
WHEREAS, the City desires to extend the agreement under amendment #1 for economic development services at a not to exceed value of $49,500; and WHEREAS, the City will hold Tierra West to serve in accordance with the action items and terms and conditions of the amendment;

NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

Approves the amendment #1 to the March 21st, 2025, agreement between the City and the Tierra West Advisors as may be amended and approved as to form by the City Attorney.

PASSED, APPROVED, AND ADOPTED this 7th day of October 2025. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________________
Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-089, was passed and approved by the City Council of the City of South El Monte City at a regular meeting of said Council Held on the 7th day of October 2025, and that Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Adrian Garcia, MMC, City Clerk

ATTACHMENT B
CONTRACT AMENDMENT #1
Between the City of South El Monte and Tierra West Advisors, Inc.

RECITALS
This Contract Extension Agreement (“Agreement”) is made and entered into this September 1 st, 2025 by and between the City of South El Monte, a municipal corporation organized under the laws of the State of California (“City”), and Tierra West Advisors, Inc., a California corporation (“Consultant”).

WHEREAS, the City and Consultant entered into an agreement in February 2025 for on-call economic development consulting services, including support for ICSC and related economic development initiatives;
WHEREAS, Consultant has performed services including valuation analyses, conducted site tours at key opportunity areas, development of targeted retail and developer outreach lists, review of general revenue structures, hotel feasibility analyses, direct business recruitment, and preliminary consensus-building discussion with City Council and staff; WHEREAS, the City desires to extend the Consultant’s contract budget in order to complete an Economic Development Plan, continue consensus-building interviews, and maintain recruitment of tenants, developers, and investors for the City’s high-priority opportunity sites;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES

1. Conduct individual meetings with City Council Members and/or City Department Head to obtain feedback on the Strategic Economic Development Planning Questionnaire.

2. Synthesize City Council/City Department Head feedback into a summary format with key themes, takeaways, and action items.

3. Meet with City Department Heads to gather input and identify departmental roles in implementing economic development goals.

4. Prepare and present to the City Council a comprehensive summary report, inclusive of drafting and one (1) round of revisions.

5. Continue recruitment efforts to engage tenants, developers, and investors for the City’s high-priority opportunity sites, including coordination for ICSC Western 2025 (Sept. 28– 30, 2025) and follow-up efforts stemming from the conference.

2. TERM
The term of this extension shall commence upon execution of this Agreement and shall continue through completion of the tasks described in Section 1, unless earlier terminated in accordance with the provisions of the original February 2025 agreement.

3. COMPENSATION
The City agrees to extend the budget to cover an additional estimated 180–238 staff hours.

The blended estimated cost is $37,980 – $49,500, based on the Consultant’s 2025 hourly rate schedule.

Staff
Classification
Hourly Rate % of Hours Est. Hours
(Low–High)
Est. Cost (Low–
High)
Principal $245/hr ~15% 27–35 $6,615–$8,575
Director 1 $235/hr ~35% 63–83 $14,805–$19,505
Director 2 $235/hr ~20% 36–48 $8,460–$11,280
Senior Analyst $150/hr ~30% 54–72 $8,100–$10,140
Total — 100% 180–238 $37,980–$49,500

4. GENERAL TERMS
Except as specifically modified by this Agreement, all other provisions of the February 2025 Agreement remain in full force and effect.

5. AUTHORITY
Each party represents and warrants that it has the full power and authority to enter into this Agreement and that the persons signing below are duly authorized to bind such party.

SIGNATURES

CITY OF SOUTH EL MONTE
By: _______________________________
Mr. Rene Salas
City Manager
Date: _____________________________
TIERRA WEST ADVISORS, INC.

By: _______________________________
Mr. John Yonai
Principal
Date: _____________________________
By: _______________________________
Ms. Rose Acosta-Yonai
Principal
Date: _____________________________








  
 



2025-18

ATTACHMENT C








  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 











  
 



















  
 











  
 











  
 











  
 











  
 











  
 




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

DATE: October 7, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONTINUED FROM THE SEPTEMBER 16, 2025, REGULAR

CITY COUNCIL AND SUCCESSOR AGENCY MEETING -

CONSIDERATION OF INTRODUCTION OF FIRST READING
OF ORDINANCE NO. 1284, AMENDING CHAPTER 2.64 OF

THE SOUTH EL MONTE MUNICIPAL CODE REGARDING

WORKING OUT OF CLASS
SUMMARY: Section 2.64.090 of the South El Monte Municipal Code currently authorizes out-of-class compensation but does not address situations where greater adjustments are needed to maintain equity and operational effectiveness. The proposed amendment introduces a third calculation method, providing employees in out-of-class assignments with three alternative methods to ensure fair compensation.

RECOMMENDED ACTION: Staff recommends City Council waive first reading and introduce Ordinance No. 1284, an amendment to Municipal Code Section 2.64.090 authorizing the City Manager, at his discretion, to approve a salary increase in excess of five percent (5%) and up to a maximum of ten percent (10%) of an employee’s base salary, when such adjustments are in the best interest of the City and consistent with budgetary appropriations.

FISCAL/FINANCIAL IMPACT: All current out-of-class compensation adjustments are within budgetary appropriations, and future ones requested will be consistently applied.

DISCUSSION: Pursuant to Municipal Code Section 2.64.040; the City Manager is responsible for the overall administration of the personnel system, and this amendment promotes efficient administration of the City and supports employee morale and retention.

ATTACHMENT(S):

A. Ordinance No. 1284 - Amending Municipal Code 2.64

ORDINANCE NO. 1284

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE
AMENDING CHAPTER 2.64 OF THE SOUTH EL MONTE

MUNICIPAL CODE REGARDING WORKING OUT OF CLASS
WHEREAS, the City Council of the City of South El Monte (“City”) recognizes the importance of maintaining fair and competitive compensation practices for City employees; and WHEREAS, employees are occasionally required to assume duties of a higher classification on an out-of-class basis for continuity of operations and efficient delivery of public services; and
WHEREAS, existing provisions of Section 2.64.090 of the South El Monte Municipal Code authorize out-of-class compensation but do not provide for circumstances in which greater adjustments are necessary to maintain equity and operational effectiveness; and WHEREAS, staff recommends offering three alternative calculation methods to ensure that employees serving in out-of-class assignments are compensated fairly; and WHEREAS, pursuant to the South El Monte Municipal Code section 2.64.040, the City Manager is responsible for the administration of the personnel system; and WHEREAS, staff recommends that the City Council authorize the City Manager to approve salary adjustments for employees who are working out of class when such adjustments are in the best interest of the City and consistent with budgetary appropriations; and WHEREAS, the City Council finds that these amendments promote efficient administration of the City and support employee morale and retention.

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

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

SECTION 2. The Council hereby amends Subsection B of Section 2.64.090 of Chapter

2.64 (Working out of class) of Title 2 (Administration of Personnel) of the South El Monte Municipal Code relating to out of class compensation to read as follows:
“B. An employee assigned to work out of class shall be eligible for additional compensation during such assignment only after completion of more than fifteen consecutive working days of service in the out-of-class position. Beginning on the sixteenth consecutive working day and continuing thereafter until the employee is reassigned to the regular class, such employee shall receive additional compensation for the hours worked out of class in one of the following manner.

1. A five percent increase in the employee’s regular salary;

2. Receipt of the starting salary of the out-of-class position, or

3. A salary increase in excess of five percent (5%) and up to a maximum of ten percent (10%) of the employee’s regular base salary, subject to the discretionary approval of the City Manager.

SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Clerk is directed to certify to the passage and adoption of this Ordinance and to cause this Ordinance to be posted or published as required by law.

PASSED, APPROVED AND ADOPTED this ___ day of ________ 2025.

Gloria Olmos, Mayor
ATTEST:

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

Susie A. Altamirano, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Ordinance, being Ordinance No. 1284 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of _____ 2025, and that thereafter, said Ordinance was duly passed and adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the ____ day of _____ 2025, by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

Adrian Garcia, MMC, City Clerk

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

DATE: October 7, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-088 APPROVING A FIRST AMENDMENT TO THE

EMPLOYMENT AGREEMENT WITH IYOB TESSEMA AS

DIRECTOR OF HUMAN RESOURCES AND RISK

MANAGEMENT
SUMMARY: The City Manager is asking the City Council to approve a First Amendment to the Employment Agreement between the City of South El Monte (“City”) and Iyob Tessema which provides for a five percent (5%) merit-based salary increase effective retroactively to February 13, 2025, and revisions to align Mr. Tessema’s benefits with those provided to newly appointed Director-level employees.

RECOMMENDED ACTION: The City Manager recommends City Council approve the First Amendment to Iyob Tessema’s Employment Agreement contained herein, and adopt the attached Resolution No. 25-088.

FISCAL/FINANCIAL IMPACT: The Amended Employment Agreement provides for a five percent (5%) salary increase retroactive to February 13, 2025, which continues his at-will employment under updated terms and conditions. This merit increase and associated compensation adjustment is within budgetary appropriations.

DISCUSSION: On February 13, 2024 the City entered into a three-year employment agreement with Iyob Tessema for the position of Director of Human Resources and Risk Management.

The employment agreement includes a provision allowing for merit-based salary increases within the City Council-approved salary range at the discretion of the City Manager following an annual performance evaluation. However, Mr. Tessema has reached the top step of the current City Council-approved salary range for his position.

Following an annual performance evaluation, the City Manager has determined that a merit-based five percent (5%) salary adjustment is warranted as well as an alignment of other benefits provided to new Director-level employees in the City.

The key terms and provisions of the proposed First Amendment to Iyob Tessema’s Employment Agreement are: 1) Five Percent (5%) salary increase; 2) Retroactivity of Salary Adjustment to February 13, 2025; 3) Car allowance increase from $400 per month to $600 per month; 4) Administrative leave accrual hours from 40 hours maximum to 80 hours maximum.

ATTACHMENT(S):

A. Resolution No. 25-088
B. First Amendment to Director of HR Risk Management Employment Contract C. Exhibit "A" to First Amendment - Tessema, Iyob - Director of Human Resources and Risk Management

ATTACHMENT A
RESOLUTION NO. 25-088

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A FIRST AMENDMENT TO THE

EMPLOYMENT AGREEMENT WITH IYOB TESSEMA,

DIRECTOR OF HUMAN RESOURCES AND RISK

MANAGEMENT
WHEREAS, on February 13, 2024, the City of South El Monte (“City”) and Iyob Tessema entered into an employment agreement for the position of Director of Human Resources and Risk Management (the “Employment Agreement”); and
WHEREAS, the Employment Agreement includes a provision allowing for merit-based salary increases within the City of South El Monte City Council (“City Council”) City Councilapproved salary range, based on an annual performance evaluation and at the discretion of the City Manager; and
WHEREAS, Mr. Tessema received his annual performance evaluation; and WHEREAS, Mr. Tessema has reached the top step of the current City Council-approved salary range for his position; and
WHEREAS, based on the performance evaluation, the City Manager has determined that a five percent (5%) merit-based salary increase is warranted, retroactive to February 13, 2025; and WHEREAS, the City and Mr. Tessema desire to amend the Employment Agreement to reflect the salary adjustment and to align certain benefits provisions with those applicable to other Director-level employees of the City; and
WHEREAS, the City Manager recommends approval of the First Amendment to the Employment Agreement.

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

SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.

SECTION 2. The City Council hereby approves the First Amendment to the Employment Agreement between the City of South El Monte and Iyob Tessema, providing for a five percent (5%) merit-based salary increase, effective retroactively to February 13, 2025, and revisions to align benefits with those provided to newly appointed Director-level employees.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional

without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

SECTION 5. The Resolution shall take effect immediately upon its adoption by City Council.

PASSED, APPROVED AND ADOPTED this 7th day of October 2025.

Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, MMC, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-088, 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 7th day of October 2025, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

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

ATTACHMENT B
1 CITY OF SOUTH EL MONTE

FIRST AMENDMENT TO THE DIRECTOR OF HUMAN RESOURCES AND RISK

MANAGEMENT EMPLOYMENT AGREEMENT
This First Amendment (“First Amendment”) to that certain agreement titled “Director of Human Resources and Risk Management Employment Agreement” (hereinafter, the “Master Agreement”) dated as of February 13, 2024 , is made and entered into this 7th day of October 2025 (hereinafter, “the Effective Date”) by and between the City of South El Monte, a municipal corporation (hereinafter, “City”) and Iyob Tessema (hereinafter, “Employee”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to the City and Employee and Employee and the capitalized term “Party” shall refer to the City or Employee interchangeably, as appropriate.

R E C I T A L S
WHEREAS, on or about February 13, 2024, the Parties executed and entered into that certain agreement entitled “Director of Human Resources and Risk Management Employment Agreement” (hereinafter, the “Master Agreement”) to provide Director of Human Resources and Risk Management professional services to the City. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, the Parties now wish to further amend the terms of the Master Agreement as set forth below; and
WHEREAS, this First Amendment was approved by the South El Monte City Council (“City Council”) at its regular meeting of October 7, 2025.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

1. SECTION 2, SUBSECTION 2.1, Compensation- is hereby amended in part to read as follows:

2.1 “For the services rendered pursuant to this Agreement, Employee’s base compensation shall be Fourteen Thousand Seventy-One and Five Cents ($14,071.05) monthly (“Salary”) which reflects a five percent (5%) increase over the Employees previous salary. This Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs. This Salary is effective retroactively to February 13, 2025.”

2. SECTION 2, SUBSECTION 2.2, Annual Salary Review- is hereby amended in part to read as follows:

2.2 “The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section

5.2 Annual Evaluation. Following the annual performance review, the City Manager

may propose an increase to the Employee’s salary. Any such salary increase shall be implemented only through a written amendment to this Agreement. The City Manager and/or the Employee reserve a right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.”

3. SECTION 2, SUBSECTION 2.3, Retroactivity of Salary Adjustment- is hereby added to the Agreement to read as follows:

2.3 “The Employee and the City agree that the Salary stated in section 2.1, reflects a five percent (5%) merit-based increase approved by the City Manager as part of this Agreement renewal. This Salary shall be effective retroactively to February 13, 2025.

The Employee and City acknowledge that this Agreement constitutes a renewal and continuation of Employee’s current employment and that there has been no break in service.”

4. SECTION 6, SUBSECTION 6.2, Administrative Leave- is amended in part to read as follows:

6.2 “Employee will be granted 40 hours of administrative leave per fiscal year.

Employee shall not accrue more than 80 hours of administrative leave. Employee shall not use less than one (1) hour of administrative leave at any one time. Administrative leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.”

5. SECTION 6, SUBSECTION 6.19 (a), Automobile Allowance- is amended in part to read as follows:
(a) “ City shall provide to Employee a monthly automobile allowance of $600. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation and interest.”

6. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

7. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable.

In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.

CITY OF SOUTH EL MONTE
___________________________________
Gloria Olmos, Mayor

ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________
Susie Altamirano, City Attorney

EMPLOYEE
____________________________________
Iyob Tessema

CITY OF SOUTH EL MONTE

DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT EMPLOYMENT

AGREEMENT
This DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT
EMPLOYMENT AGREEMENT (" Agreement") is entered into and made effective the 13th day of February 2024, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (" City") and Iyob Tessema, an individual (" Employee").

RECITALS
WHEREAS, pursuant to South El Monte Municipal Code § 2. 64. 030, appointment of City department heads ". . . shall be made by the city manager, subject to the consent of the city council[;]" and
WHEREAS, the position of Director of Human Resources and Risk Management is the department head of the Human Resources Department; and
WHEREAS, pursuant to South El Monte Municipal Code § 2. 64. 030, City department heads hold employment " at and during the pleasure of the city manager[;]" and WHEREAS, Employee has the necessary qualifications and experience to perform as the City' s
Director of Human Resources and Risk Management; and
WHEREAS, the duties of the Director of Human Resources and Risk Management are set forth in Exhibit " A" to this Agreement; and
WHEREAS, the Parties now wish to enter into an employment agreement to establish the terms and conditions of Employee' sprofessional services to the City.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

AGREEMENT

1. 0 EMPLOYMENT & DUTIES

1. Duties. City hereby employs Employee to perform the functions and duties of the Director of Human Resources and Risk Management position as described in Exhibit A," and to perform such other legally permissible and proper duties and functions as the City Manager shall, from time -to -time, direct or assign. The City reserves the right to adopt and/ or amend the job description and functions and duties for the position of Director of Human Resources and Risk Management, as it deems necessary and appropriate, without requiring Employee' s acquiescence or an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee' s ability and in an efficient, competent, and ethical manner.
01257.004/ 959930. 1

EXHIBIT A

1. 2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of Director of Human Resources and Risk Management will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time -to -time ( currently 7: 00 a. m. to 5: 30 p. m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours. Notwithstanding the foregoing, the City will permit Employee such reasonable " time off' as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee' scompensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1. 3 Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of Director of Human Resources and Risk Management.

1. 4 Employment Status. Upon appointment to the Director of Human Resources and Risk Management position, Employee shall serve at the will and pleasure of the City Manager and understands that they shall be an " at -will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so- called due process pre -disciplinary " Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3. 4 below.

1. 5 City Documents. All data, studies, reports and other documents prepared by Employee while performing their duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Manager, for any purposes other than the performance of their duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1. 6 Exclusion from Classified Service. Employee understands, acknowledges and agrees that they are not included within the classified service of the City pursuant to South El Monte Municipal Code § 2. 64. 010( H)( 7).
2 01257.004/ 959930. 1

1. 7 FLSA Exempt Status. Employee acknowledges and agrees that their position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2. 0 COMPENSATION

2. 1 Compensation. For the services rendered pursuant to this Agreement, Employee' sbase compensation shall be Twelve Thousand One Hundred and Fifty Five Dollars and Six Cents ($ 12,55. 06) monthly ("Salary"), which shall be paid on a pro -rated basis bi- weekly at the same time as other employees of the City are paid.. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll -related liability costs.

2. Annual Salary Review. The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5. 2. Following the annual performance review, the City Manager may increase Employee' ssalary within the Council -approved salary range for the position of Director of Human Resources/ Risk Management. The City Manager and/ or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

3. 0 TERM

3. 1 Commencement & Effective Date. Employee shall commence their services as Director of Human Resources and Risk Management on February 13, 2024, which will also be deemed the effective date of this Agreement (" Effective Date").

3. 2 Term. The term of this Agreement will be for three ( 3) years following the Effective Date (" Term") (i.e. until 11: 59 p. m. on February 12, 2027) and, thereafter, the term of this Agreement may be extended for additional one ( 1) year term( s) as Employee and City Manager mutually agree, as evidenced by a writing signed by both parties.

3. Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Manager with at least thirty (30) days' advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that they shall not be entitled to any severance pay.

3. 4 Termination by City. The City Manager may terminate this Agreement at any time with or without cause, by providing written notice of the reason( s). The City Manager' s right to terminate Employee pursuant to this Section 3. 4 shall not be subject to or in any way limited by the City' sPersonnel Rules or past City practices related to the employment, discipline or termination of the City' s employees. Employee expressly waives any rights provided for the Director of Human Resources and Risk Management under the City' sPersonnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post -termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Director of Human Resources and Risk Management. Upon appointment to the Director of Human Resources and Risk Management position, Employee shall be an at -will employee serving at the pleasure of the City Manager.
3 01257.004/ 959930. 1

a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five ( 5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. The term " cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Resume fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a
felony under California law, 6) Violation of the
City' s anti -harassment policies and/ or a
finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City' s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City' s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) abuse of office or position" as defined in Government Code § 53243. 4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
b) Termination by City Manager Without Cause. The City Manager may terminate Employee at any time without cause but rather based upon management reasons such as implementing the City' s goals or policies, including but not limited to: (i) change of administration, or ( ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that they shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4. 1 below.

4. 0 SEVERANCE

4. 1 Severance Pay. In the event Employee is terminated without cause within one ( 1) year of the Effective Date and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to their base monthly Salary ( as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by one ( 1), less applicable deductions and excluding deferred compensation or the value of any other benefits. If Employee is terminated without cause at any time later than one ( 1) year after the Effective Date and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal their base monthly salary then in effect multiplied by three ( 3) excluding the value of any benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary ( excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to 4 01257.004/ 959930. 1

be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, iftermination occurs with two ( 2) months left in the term, severance would be equal to the monthly base salary multiplied by two ( 2) rather than the three ( 3) months provided in this Section.)

4. 2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4. 1 above. As provided in Section 3., should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4. 1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3. 2 above, then the City shall have no obligation to pay the severance provided for in Section 4. 1 above.

4. 3 Sole Rights. The severance rights provided in this Section 4. 0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard " Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit " B."

5. 0 PERFORMANCE EVALUATIONS

5. 1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the Human Resources and Risk Management Department of the City. Nothing herein shall be deemed to alter or change the employment status of Employee ( as set forth in Section 1. 4 above), nor shall this Section 5. 0 be construed as requiring " cause" to terminate this Agreement, or the services ofEmployee hereunder.

5. 2 Annual Evaluation. The City Manager may, at his/er sole discretion, review and evaluate the performance of Employee annually within thirty ( 30) days after each consideration,
anniversary of
no
the
later
Effective
than December
Date. In
1 addition,
of each year
Employee
ofthe
shall
term of
submit
this Agreement,
for the City
Employee' s
Manager' s
proposed annual performance goals and objectives and
suggestions. Such review and evaluation, if
incorporate the City Manager' s
any, will be conducted concurrently with an annual
salary review, and in accordance with the purpose noted in Section 5. 1 above.

5. 3 Written Summary. The City Manager may, at his/er sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

6. 0 BENEFITS

6. 1 Holiday. The City shall provide Employee with the following holidays with pay:

1. New Year' sDay
Martin Luther King Day
5 01257.004/ 959930. 1

3. Presidents' Day

4. Cesar Chavez Day ( not observed holiday)

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee 'sBirthday (not observed holiday)

13. Juneteenth Day ( not observed holiday)
Cesar Chavez Day, Juneteenth Day, and Employee' sBirthday are not observed holidays. Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day, and Employee' sBirthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three ( 3) floating holidays. Upon Employee' sseparation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays shall be calculated using Employee' sprevailing pay rate on the date of Employee' sseparation from City service.

6. 2 Administrative Leave. Employee will be granted 40 hours of administrative leave per fiscal year. Employee shall not accrue more than 40 hours of administrative leave. Employee shall not use less than one ( 1) hour of administrative leave at any one time. Administrative leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee' sseparation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee' sprevailing pay rate on the date of Employee' sseparation from City service.

6. 3 Bereavement Leave. Employee shall be entitled to bereavement leave for a period not exceeding three ( 3) workdays for deaths within the Employee' simmediate family. Immediate family is defined as any relative by blood or marriage who is a member of the Employee' s household ( under the same roof), and the Employee' sspouse, registered domestic partner, parents or step- parents; spouse' s parents or step- parents; brothers, step -brothers or half- brothers; sisters, step -sisters or half- sisters; Employee' s grandparents; spouse' s grandparents; grandchildren; aunts and uncles, in- laws, regardless of the residence of the deceased. For purposes of compliance with Government Code section 12945. 7, Employee shall be entitled to two additional days of bereavement leave ( totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days.

6. 4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee if they a r e required to serve on
existing pay rate. The Employee shall remit to the City jury duty,
any money
with compensation
paid to them
at
by
Employee' s
the court
for jury service.
6 01257.004/ 959930. 1

6. 5 Health Benefits. The City, only while it participates in the California Public Employees' Retirement System Medical and Hospital Care Plan (" PERS Plan"), shall make the following contributions towards the cost of medical insurance for Employee: the City will contribute directly to PERS an amount to be applied to the applicable PERS Plan monthly premium.

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents ( employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6. 5 Employee shall instead receive a deferred compensation payment of $ 600 per month. To be eligible for the $ 600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

6. Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and their eligible dependents.

6. 7 Life Insurance, Accidental Death Insurance and Long -Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee' s annual salary, accidental death and dismemberment insurance equal to Employee ' s annual salary, and long- term disability insurance equal to two-hirds of Employee' smonthly salary. The long- term disability insurance plan shall provide a 30 -day benefit exclusion and benefit payments until the age of 70 years.

6. 8 California Public Employees' Retirement System (" Ca1PERS").

Employee is " new" member under " PEPRA", and accordingly is covered by the 2.0% @ 62 Ca1PERS retirement formula. Employee will pay the mandatory Ca1PERS contribution rate for " PEPRA" new members as determined by Ca1PERS, which amount is currently 7.5%.

6. 9 Retiree Health Benefits. Should Employee retire from the City as a Ca1PERS eligible retiree, the City will contribute an amount toward the Ca1PERS medical premium that is equal to the amount required under the City' sresolution electing coverage under the Public Employees Medical and Hospital Care Act ("PEMHCA"), which is the minimum amount required by the PEMHCA. The City shall have no obligation to make such contribution in the event it no longer participates in the Ca1PERS medical and hospital care program. Provided that Employee has reached the minimum age of 50 years of age and retired from the City as a CaIPERS eligible retiree, they shall continue to be eligible to participate in the City' s group medical, dental and vision care plans until age 65, contingent upon the health provider' sacceptance. The full cost of any insurance selected by the retiree shall be borne by the retiree. As long as the retiree is enrolled in an insurance plan their eligible dependents may also enroll in the insurance plans as provided above. The retiree and/ or dependent shall pay any cost of dependent insurance benefits.

6. 10 Purchase of Home Office Equipment. The City will advance up to a total of $3, 000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at their home to facilitate work 7 01257.004/ 959930. 1

production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $ 3, 000. Funds will be advanced only after the need for the equipment is verified and approved by the City Manager and a reimbursement agreement, approved by the City Attorney, is executed.

6. 11 Reimbursement For Damage To Employee Vehicles. The City agrees to reimburse Employee in an amount not to exceed $ 200 per fiscal year for damages due to or caused by vandalism to Employee' svehicle while on City property during Employee' sworking hours. In order to be eligible for reimbursement, Employee must submit an incident report and a Sheriffs report to the City Manager and Risk Manager regarding the incident causing the damage to the vehicle.

6. 12 Education Reimbursement. The City will reimburse Employee for the cost of all books and tuition incurred by Employee while attending an accredited educational institution for those courses directly related to the Employee' sscope of employment or which are contained within an approved curriculum of study that is directly related to the Employee 's scope of employment. Tuition shall be reimbursed at rates up to the tuition rates ofthe California State University system. The City will reimburse the Employee for all classes the Employee completes with a grade of " C" or better provided Employee: i) provides a list of classes to the City Manager prior to each quarter or semester; ii) provides to the City Manager verification of the cost for tuition and books; and iii) provides to the City Manager certification of completion upon completion of the course( s).

6. 13 Vacation Leave.
a) Employee may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until their balance of accrued but unused vacation leave is reduced below 320 hours. Upon a written administrative determination by the City Manager that work demands prevent Employee from using vacation time on atimely basis, the City Manager may permit Employee to exceed the maximum accrual cap by a specified amount and for a specified time, not to exceed 40 hours of vacation time and not to exceed a duration of 6 months. The City Manager may also require a plan designed to bring Employee back into compliance with vacation accrual limitations. Itis the responsibility of Employee to arrange for timely use or, to the extent available, cash conversion of vacation time well in advance of reaching the maximum accrual limit.
b) Employee shall not use less than one ( 1) hour of vacation leave at any one time. Vacation leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
c) IfEmployee has accrued in excess of 250 hours, they may be paid for the excess vacation on a dollar -for -dollar basis twice per year at the end of the fiscal year or end of the calendar year subject to the following:

1. Employee must have taken minimum hours of vacation in the 8 01257.004/ 959930. 1

fiscal year so that at the end ofthe fiscal year the vacation accrual does not exceed 320 hours.

2. The payout must otherwise comply with any City rules and procedures pertaining to vacation leave cash out.

3. In the event vacation leave cash -out procedures are changed for other City employees, then Employee shall be subject to such updated vacation leave cash out procedures. d) Employee shall be credited with vacation leave at the following rates based upon the length of service:

1. Eight hours per month ( accrued at the rate of four hours bi- weekly for 24 of the 26 pay periods annually) during the first five years of service;

2. Ten hours per month ( accrued at the rate of five hours bi- weekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service;

3. Twelve hours per month ( accrued at the rate of six hours bi- weekly for 24 of the 26 pay periods annually) during the 11th through 15th years of service; and

4. Thirteen hours per month ( accrued at the rate of six and one- half hours bi- weekly for 24 of the 26 pay periods annually) during the 16th and following years of service.

6. 16 Sick Leave.
a) Employee shall accrue sick leave at the rate of eight ( 8) hours of sick leave for each complete month of service.
b) Employee may accrue an unlimited number of sick leave hours. Employee shall not use less than one ( 1) hour of sick leave at any one time. Sick leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. c) If Employee accrues in excess of 330 hours, Employee may opt to be paid for up to 80 hours on a dollar for -dollar basis one- time per fiscal year during the payroll that includes March 31st. In the event sick leave cash -out procedures are changed for other City employees, then Employee shall be subject to such updated sick leave cash out procedures.
d) Upon separation, Employee shall be eligible to receive monetary compensation for any unused sick leave based on the table below. Years of service shall be calculated based on the Employee' sanniversary date. 9 01257.004/ 959930. 1

Years of Service Value of Sick Leave
0-4 years 0%
5—10years 10%
11-5 years 15%
16 years and above 20%

6. 17 Deferred Compensation.
month into a qualified 457 plan.

City shall contribute $ 300. 00 per

6. 18 Cellular Phone. At no cost to Employee, City shall provide Employee with the use of a City -owned cellular phone. Employee shall reimburse City for all cell phone charges incurred for personal use not related to the performance of their job.

6. 19 Automobile Allowance.
a) City shall provide to Employee a monthly automobile
allowance of $400. Such amount is intended to reimburse Employee for all costs associated with the use of Employee' s automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation and interest.
b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City -related use of such automobile. c) Employee shall maintain automobile liability insurance policy with $ 100, 00/ 300, 50, 000 maximum coverage, combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the insurance policy currently insuring Employee, and as a result of such requirement Employee' spremium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance.

Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6. 20 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City' sexecutive employees, including Employee and department heads, which may reduce the level of compensation ( exclusive ofEmployee' sbase salary) or benefits provided. In the event the level of 10 01257.004/ 959930. 1

compensation or benefits provided to Employee changes ( whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

7. 0 EXPENSE REIMBURSEMENT,
The City recognizes that Employee may incur certain expenses of a non -personal and job - related nature in performance of the duties of the position of Director of Human Resources/ Risk Management. The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City' s normal expense approval and reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by an appropriate receipt therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8. 0 BONDS AND INDEMNIFICATION

8. 1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance ofEmployee' sservices under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8. 2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance ofEmployee' sservices under this Agreement.

9. 0 GENERAL PROVISIONS

9. 1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee' semployment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9. 2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.

9. 3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City Manager Iyob Tessema
11 01257.004/ 959930. 1

City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
On file with Human Resources Dept.]
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9. 4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee' sduties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9. 5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9. 6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9. 7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9. 8 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243. 4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/is office or position to provide reimbursement to the local agency for the following forms of payment: ( i) paid leave salary; (ii) criminal defense costs; ( iii) cash settlement payments; and ( iv) any non -contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
53243. 1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
53243. 2. Reimbursement of cash settlement upon conviction of crime involving office or position.
12 01257.004/ 959930. 1

53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee' soffice or position. The Government Code provisions referenced in this section are attached hereto in Exhibit " C".

9. Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SDUTH EL MONTE
Rene Salas, Mayor
ATTEST:

APPROVED AS TO FORM:

Anthony Taylor, City Attorney
Iyob Tessema
13 01257.004/ 959930. 1

EXHIBIT " A"

DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT
Exempt

DEFINITION
Under direction from the City Manager, plans, organizes, and directs the daily operations of the Human Resources and Risk Management department; oversees, organizes and manages City' s administration of property, liability, and workers' compensation; serves as liaison and represents the Office at meetings with representatives from a variety ofpublic agencies, insurance companies and broker services; performs other duties as assigned. This includes employment functions such as recruitment, hiring promotions, and employee training.

EXAMPLE OF DUTIES
Duties may include, but are not limited to the following:

A. Oversees, manages and coordinates the City' srecruitment and selection process; develops and drafts recruitment plans and related recruitment job bulletins and advertising; develops, and administers employment selection instruments; prepares eligibility lists and supervises the hiring process.

B. Serves as Custodian of Records for the Department of Justice; monitors and maintains required records and documents.

C. Ensures allocation and organization of City' sclassification and compensation plans; coordinates and conducts job analyses and surveys; prepares and revises job descriptions.

D. Receives and records negotiated employment agreements; implements and administers provisions and conditions of memorandums of understanding.

E. Undertakes and arranges the Department of Transportation' squarterly drug and alcohol testing requirements for employees utilizing City vehicles; investigates and informs employees ofrequirements and random testing events; receives test outcomes, records data and submits results as required.

F. Administers the employee benefits program ( medical, vision, dental, life, long- term disability insurances and deferred compensation, retirement).

G. Assists managers in the discharge oftheir personnel responsibilities including performance evaluations.

H. Receives and responds to employee grievances; prepares and sends disciplinary notices.

I. Applies and administers a variety of personnel policies, employee/ employer relations, procedures, and practices.

J. Ensures and serves as a coordinator of the ADA Title II by coordinating city efforts to comply with Title II of the Americans with Disabilities Act.

K. Ensures compliance with contractual and funding requirements pertaining to employee health, safety, and welfare.

L. Coordinates and implements employee training programs and maintains related records. 14 01257.004/ 959930. 1

53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each ofthese provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee' soffice or position. The Government Code provisions referenced in this section are attached hereto in Exhibit "C".

9. Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF S9UTH EL MONTE
Rene Salas. Mayor
APPROVED AS TO FORM:

Anthony T. a' ylor, Ci Attorney
Iyob Tessema
13 01257.004/ 959930. 1

M. Develops and implements related rules, policies, and procedures reflecting current laws and best practices.

N. Develops and prepares special studies and reports, including investigations.

0. Manages the City' s
Risk Management program including coordinating and monitoring workers' compensation claims working with the City' s outside claims administrator and the appropriate department administrators.

P. Prepares and processes general liability claims and maintaining liaison with claims administrator.

Q. Sources and procures other insurances to meet the City' s needs and assisting with loss prevention.

R. Oversee the City' ssafety program and Cal/ OSHA compliance.

S. Prepares division budget and monitors expenditures.

T. Supervises, trains, and evaluates assigned staff.

U. Performs related duties as assigned.

EMPLOYMENT STANDARDS
Knowledge and Abilities:

Principles of public personnel administration and risk management.

Related Federal and State legislation.

Research techniques, sources, and availability of information.

Principles, practices, methods and techniques of risk management, insurance, self insurance, claims administration, safety and loss- prevention/ control and workers' compensation.

Fundamental employment laws, codes and regulations including EEO, FLSA, FMLA, and Cal/ OSHA and applicable provisions of collective bargaining agreements.

Principles of municipal budget preparation.

Records management and retention.

Basic computer fundamentals, work processing, and spreadsheet programs.

Report preparation.

Methods and techniques of supervision.

Analyzing & Interpreting Data — Drawing meaning and conclusions from quantitative and/ or qualitative data.

Critical Thinking — Analytically and logically evaluating information, propositions, and claims.

Fact Finding — Obtaining facts and data pertaining to an issue or question.

Industry Monitoring — Grasping the external political, economic, competitive, and social factors affecting the industry.

Legal & Regulatory Navigation — Understanding, interpreting, and ensuring compliance with laws and regulations.

Professional & Technical Expertise — Applying technical subject matter to the job.

Action & Results Focus — Initiating tasks and focusing on accomplishment.

Safety Focus — Showing vigilance and care in identifying and addressing health risks and safety hazards.
15 01257.004/ 959930. 1

Adaptability — Responding positively to change and modifying behavior as the situation requires.

Professional Integrity and Ethics — Maintaining trust through honesty, adherence to principles, and personal accountability.

Informing — Proactively obtaining and sharing information.

Listening — Fully comprehending spoken communication.

Writing — Communicating effectively in writing.

Customer Focus — Attending to the needs and expectation of customers.

Project Management — Planning and tracking projects to ensure they are on -time, on budget, and achieve their objectives.

Advise and assist employees and department managers in a variety of personnel matters including the interpretation and application of personnel rules. 16 01257.004/ 959930. 1

ATTACHMENT B
EXHIBIT " B"

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release ( hereinafter referred to as the AGREEMENT") is entered into by and between the City of South El Monte, a general law city and municipal corporation ( hereinafter referred to as " THE CITY"), and Iyob Tessema, an individual hereinafter referred to as " EMPLOYEE").

2. RECITALS

2. 1. EMPLOYEE was hired by THE CITY as an at -will Director of Human Resources and Risk Management effective February 13, 2024, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit A" ("THE CONTRACT").

2.. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non -elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and voluntary
all employment
separation
relationships
as of .
between THE
This
CITY

AGREEMENT
and EMPLOYEE
sets forth
by
the
means
full and
of EMPLOYEE' s
complete terms
and conditions concluding EMPLOYEE' s
employment relationship with the CITY and any
obligations related thereto, including any provided under THE CONTRACT.

2. 3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE' s post -
employment rights, including but not limited to, EMPLOYEE' srights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (" COBRA"), the Employee Retirement Income Security Act of 1974 (" ERISA"), and the Health Insurance Portability and Accountability Act of 1996 HIPAA").

3. CONSIDERATION

3. 1 EMPLOYEE shall receive payment to them at the time of their voluntary separation all earned salary, accrued fringe benefits as detailed in THE CON TRACT, and/ or all other wage compensation/ benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3. 2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of and cents ($ . 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE' shome address via certified mail return receipt requested within ( ) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
01257.004/ 959930. 1

3. In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE' sspouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each ofits predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as " THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including ( hereinafter referred to collectively as CLAIMS"), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§ 12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 ( hereinafter referred to as the ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual' s employment on the basis that the individual is age forty ( 40) or older. The Older Workers Benefit Protection Act ( hereinafter referred to as the " OWBPA," 29 U. S. C. § 626 et seq., Pub L 101- 433, 104 Stat. 978 ( 1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that they are knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights they may have under the ADEA and/ or OWBPA. EMPLOYEE further acknowledges that they have been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/ release is written in a manner understood by EMPLOYEE; 2 01257.004/ 959930. 1

b) EMPLOYEE is aware of, and/ or has been advised of, her/is rights under the ADEA and OWBPA, and of the legal significance of her/is waiver of any possible claims they currently may have under the ADEA, OWBPA and/ or similar age discrimination laws; c) EMPLOYEE is entitled to a reasonable time of at least twenty- oe (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights they may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of their own discretion, sign or reject this AGREEMENT at any time before the expiration ofthe twenty- oe (21) days;
d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/ or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that they should consult with an attorney prior to executing this AGREEMENT;
f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, their counsel of choice, and that they do not need any additional time within which to review and consider this AGREEMENT;
g) EMPLOYEE has seven ( 7) days following their execution of this AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven ( 7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8. 9 herein, and must state, " I hereby revoke my acceptance of our Agreement of Severance and General Release;" and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten ( 10) days have passed since EMPLOYEE' s execution (" EFFECTIVE DATE").

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:

General Release -- Claims Extinguished"
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
3 01257.004/ 959930. 1

EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification ofthe claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7. 1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents ofthis AGREEMENT and of its legal effect.

7. 2. No Fraud in Inducement: No party ( nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7. 3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7. 4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. Ifany party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, fmal and binding between the parties, regardless of any claims ofmisrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7. 5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7. 6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained 4 01257.004/ 959930. 1

by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that they shall be exclusively liable for the payment of all taxes for which they are responsible, ifany, as a result of her/is receipt of the consideration referred to in Paragraph 3 ofthis AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services ( including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/is employment. Said services shall be provided as needed by THE CITY at a rate of $100. 00 per hour.

7. 8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Manager, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/is employment with THE CITY.

7. 9 No Pending Claims and/ or Actions: EMPLOYEE represents that they have not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that they will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, they will request such agency or court to withdraw from the matter forthwith.

7. 10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/ or entity.

7. 11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.

7. 12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS
5 01257.004/ 959930. 1

8. 1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/ or litigation and buy its peace.

8. 2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations ofthe parties shall be construed and enforced in accordance with, and governed by, the laws ofthe State of California.

8. 3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8. 4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8. 5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8. 6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8. 7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms ofthis AGREEMENT.

8.. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8. 9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party' sdiscretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three ( 3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE' shome address on file with THE CITY.

As to THE CITY:
6 01257.004/ 959930. 1

City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: EMPLOYEE
By:

Iyob Tessema

THE CITY
DATED: By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By:

Anthony Taylor, City Attorney
EMPLOYEE' sLAW FIRM]
By:

Counsel]
7 01257.004/ 959930. 1

ATTACHMENT B
EXHIBIT " C"
GOVERNMENT CODE SECTION 53243-3243. 4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed ifthe officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243. 3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any ofthe payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243. 4. For purposes of this article, "abuse of office or position" means either of the following:
a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
b) A crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67) or Title 7 ( commencing with Section 92) of Part 1 of the Penal Code.
01257.004/ 959930. 1

City Council Agenda Report
Agenda Item No. 11.a.

DATE: October 7, 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: CORRESPONDENCE FROM THE STREET ART TOURS

WYNWOOD BUGGIES INVITING THE CITY OF SOUTH EL

MONTE OLYMPICS COMMITTEE, CONSISTING OF

COUNCILMEMBERS RUDY BOJORQUEZ, LARRY

RODRIGUEZ, AND THE CITY MANAGER, RENE SALAS, TO

A WYNWOOD ART DISTRICT TOUR IN MIAMI, FLORIDA,
FROM OCTOBER 17-21, 2025
SUMMARY: The City's Olympic Committee has been invited by Christian Romero to visit the Miami Wynwood Arts District. Staff is recommending to allow three committee members, Rudy Borojurquez, Larry Rodriguez and Rene Salas to travel to Miami on an exploratory mission to see if this Art District concept would work for South El Monte.

RECOMMENDED ACTION: Staff recommends approving the trip to Miami to explore the possibility of duplicating an Arts District here in South El Monte.

FISCAL/FINANCIAL IMPACT: Per Resolution No. 08-01, Section 1. Annual Budget. All other expenses for overnight trips, conferences and events that exceed or are not approved as part of the budget shall only be funded upon prior approval by a majority of the city Council at a duly noticed City Council meeting. Estimated total cost is $6,600.

DISCUSSION: Many cities around the U.S. have developed Art Districts and festivals around art. As the World Cup arrives and 2028 Olympics approaches, cities need to think of creative ways to attract visitors. Our city Olympic Committee has been invited by Christian Romero to take a tour of Miami's Wynwood Arts District. We would go on a behind-the-scenes look at the arts district, including how it was founded and the operations. Staff will meet with consultants, artists and cultural leaders to discuss the transformation of this Arts District.

ATTACHMENT(S):

A. Letter from Street Art Tours Wynwood Buggies

Dear Councilmember Bojorquez, Councilmember Rodriguez, and City Manager Salas:

Congratulations on South El Monte’s selection to host a portion of the 2028 Summer Olympics.

This extraordinary honor presents a once-in-a-lifetime opportunity to showcase your city’s creativity, heritage, and vision on the global stage.

On behalf of Wynwood Buggies, it is our privilege to invite the City of South El Monte’s Olympic Arts Committee to participate in a special working visit to Miami’s Wynwood Arts District from October 17–21, 2025.

Unlike a typical tour, this curated experience will take you behind the scenes of one of the world’s most renowned art districts. You will engage directly with the consultants, artists, and cultural leaders who transformed Wynwood from a neglected industrial area into a thriving international arts destination. Together, we will explore how murals, installations, and cultural programming can reshape entire communities, drive economic growth, and inspire civic pride.

This visit will not only provide inspiration but also practical strategies to support your role in preparing South El Monte for the Olympics. You will return with ideas, models, and connections to share with your City Council—tools to help you build a legacy of art and culture that will uplift residents and welcome visitors from around the globe.

We would be honored to host you in Miami and to work alongside South El Monte in this creative journey. Please let us know if you are able to join us, so that we may coordinate the details of your visit.
[email protected] www.wynwoodbuggiescom +305-215-8948 114 NW 25th St, Miami, FL 33127 September 22 , 2025 th Councilmember Bojorquez
Councilmember Rodriguez
City Manager Salas
City of South El Monte –
Olympic Arts Committee
1415 N Santa Anita Avenue
South El Monte, CA 91733
With great anticipation,
Christian Romero
On behalf of Wynwood Buggies - Wynwood Arts District – Miami, Florida