City of South El Monte
Single Audit Report
Notes to the Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2024
8 1. REPORTING ENTITY
The financial reporting entity, as defined by the Governmental Accounting Standards Board (GASB) Codification, consists of (a) the primary government, City of South El Monte (City), and (b) component units which include organizations for which the primary government is financially accountable, and other organizations for which the primary government is not accountable, but for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Accounting
Funds received under the various grant programs have been recorded within general, special revenue, and capital projects funds of the City. The City utilizes the modified accrual method of accounting for the general, special revenue, and capital projects funds. The accompanying Schedule of Expenditures of Federal Awards (Schedule) has been prepared accordingly.
Schedule of Expenditures of Federal Awards
The accompanying schedule presents the activity of all federal financial assistance programs of the City.
Federal financial assistance received directly from federal agencies, as well as federal financial assistance passed through the State of California and County of Los Angeles, California are also included in the schedule.
The schedule was prepared from only the accounts of various grant programs and, therefore, does not present the financial position or results of operations of the City.
For the fiscal year ended June 30, 2024, the City did not have payments passed through to other agencies.
The City has not elected to use the ten percent de minimis cost rate as covered in Section 200.414 Indirect (F&A) costs of the Uniform Guidance.
3. PROGRAM DESCRIPTIONS
U. S. Department of Housing and Urban Development
Community Development Block Grant (CDBG)
The Community Development Block Grant (CDBG) Program was authorized under Title I of the Housing and Community Development Act of 1974. The primary objective of the CDBG Program is the development of viable urban communities, including adequate housing, a suitable living environment, and expansion of economic opportunities principally for persons of low to moderate income. Under this program, the Department of Housing and Urban Development (HUD) distributes funds based upon approved applications to eligible local governmental units for the purpose of community improvement and betterment.
City of South El Monte
Single Audit Report
Notes to the Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2024
9 3. PROGRAM DESCRIPTIONS (Continued)
U.S Department of Interior
Payment in Lieu of Taxes
The program provides compensation for certain tax-exempt federal lands to help offset losses in property taxes to local governments due to non-taxable federal lands within their boundaries.
U. S. Department of Transportation
Highway Planning and Construction
The purpose of the Federal-aid Highway Program is to assist the States in providing for construction, preservation, and improvement of highways and bridges on eligible Federal-Aid routes, (including the National Highway System (NHS) - an integrated, interconnected transportation system important to interstate commerce and travel), and for other special purpose programs and projects.
Enhanced Mobility of Seniors and Individuals with Disabilities To provide financial assistance in meeting the transportation needs of seniors and individuals with disabilities where public transportation services are unavailable, insufficient or inappropriate. The Section 5310 program is designed to supplement FTA's other capital assistance programs by funding transportation projects for seniors and individuals with disabilities in all areas - large urban, small urban, and rural.
U.S. Department of Energy
Conservation Research and Development
The goal of this program is to conduct a balanced, long-term research effort in Buildings Technologies, Vehicle Technologies, Solid State Lighting Technologies, Advanced Materials and Manufacturing Technologies, and Industrial Efficiency and Decarbonization.
U.S. Department of Health and Human Services
Aging and Community Services Cluster
To encourage State Agencies on Aging and Area Agencies on Aging to concentrate resources to develop and implement comprehensive and coordinated community-based systems of service for older individuals via Statewide planning, and area planning and provision of supportive services, including multipurpose senior centers. The objective of these services and centers is to maximize the informal support provided to older Americans to enable them to remain in their homes and communities. Providing transportation services, in-home services, and other support services, this program insures that elders receive the services they need to remain independent.
CITY OF SOUTH EL MONTE
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
10 Section I – Summary of Auditor’s Results
Financial Statements
Type of auditor’s report issued Unmodified
Internal control over financial reporting:
Material weakness(es) identified? X Yes No
Significant deficiency(ies) identified not considered
to be material weaknesses? Yes X None reported
Noncompliance material to financial statements noted? Yes X No Federal Awards
Internal control over major programs:
Material weakness(es) identified? X Yes No
Significant deficiency(ies) identified not considered
to be material weaknesses? Yes X None reported
Type of auditor’s report issued on compliance for
major programs: Qualified
Any audit findings disclosed that are required to be
reported in accordance with Uniform Guidance,
Section 510 (a) X Yes No
Identification of major programs:
Assistance Listing Number Name of Federal Program or Cluster
81.086 Conservation Research and Development
Dollar threshold used to distinguish between Type A
and Type B programs: $ 750,000
Auditee qualified as low-risk auditee: X Yes No
CITY OF SOUTH EL MONTE
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
11 Section II – Finding – Financial Statement Audit
Material Weaknesses
2024-001 Accounts Payable Restatement
Condition:
The City did not review other accounts payable accounts totaling $614,667 at fiscal year-end to determine that the amounts were accurately recorded.
Criteria:
Regular reconciliation of all accounts payable accounts with supporting documentation is crucial for identifying errors and discrepancies.
Cause:
The balances in the accounts arose from payroll entries and the City did not have a documented process of reconciling these accounts regularly.
Recommendation:
The City should reconcile all account balances in accounts payable regularly.
City response:
Management was aware of the historically outdated accounts payable balances rolling forward, in some instances over a decade, and informed the auditor of its desire to write them off. As all such outdated accounts payable balances were adjusted at June 30, 2024, management will be able to provide a year-end accounts payable aging report that ties to the City’s account system’s default account payable aging report going forward. Also, none of such outdated accounts payable balances were for federally grant funded expenditures.
2024-002 Loan Receivables Restatement
Condition:
The City had not reconciled loans receivable with the detailed list of loans receivable, nor had the City performed any procedures to determine if the detail list accurately listed all outstanding loans at fiscal yearend. In addition, the loans were either expected to be forgiven in accordance with the terms of the loan program or that the length of time for repayment was for 30 years the City determined that the collectability was unlikely and should have recorded an allowance for the full amount of the loans receivable.
Criteria:
Regular reconciliation of loans receivable and performing procedures to verify that borrowers are in compliance with the loan program is crucial for identifying errors and to ensuring that the City is in compliance with the loan program requirements.
CITY OF SOUTH EL MONTE
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
12 Section II – Finding – Financial Statement Audit (Continued) Material Weaknesses
Cause:
The City has had significant turnover with the personnel responsible for tracking and verifying the outstanding loans receivable in the past few years. The City also had no process in place to ensure that the evaluation and reconciliation of the loans receivable were accurately conveyed to the finance department.
Recommendation:
The City should establish procedures to verify that the owners of the outstanding loans receivable still inhabit the homes and that they are in compliance with all requirements of the loan programs. The City should establish a process in which the results of the verification process is conveyed to the finance department as part of the financial statement closing process.
City response:
All home loans require a deed restriction recorded with the Los Angeles County Registrar-Recorder office.
The City also maintains a promissory note for each loan which gets forgiven based on the applicable terms of the loan. In instances when a borrower decides to sell or transfer title of the property with the deed restrictions, the borrower must make a request to the City to take off the deed restrictions by paying back the loan with interest. Also, none of such home loans were federally grant funded. 2024-003 Retention Payable
Condition:
The City did not record retention payables amounts totaling $263,307.
Criteria:
Expenditures and their related liabilities should be recorded in the fiscal period that the City receives the goods or services.
Cause:
Construction projects are tracked by the departments in charge of the construction project but the City does not have a process in place to ensure that the retention payable amounts outstanding at fiscal year-end are communicated to the finance department.
Recommendation:
The City should establish procedures to ensure that outstanding retention payables are communicated to the finance department at fiscal year-end.
City response:
In the past, the City paid the vendor invoice, less retention, until project completion, rather than maintaining a retention payable balance. Going forward, management intends to maintain a retention payable balance on its books.
CITY OF SOUTH EL MONTE
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
13 Section II – Finding – Financial Statement Audit (Continued) Material Weaknesses
2024-004 Restricted Investments OPEB
Condition:
The City recorded restricted investments for other postemployment benefits of $1,928,082 on the City’s books as well as including the investments in the other postemployment benefits actuarial calculation resulting in an overstatement of net position on the government wide financial statements.
Criteria:
Other postemployment benefit trust accounts that are utilized in the actuarial calculations to reduce the net other postemployment benefit liability should not be recorded as an asset on the City’s books.
Cause:
The City did not have a clear policy on how other postemployment benefits trust accounts should be handled for financial statement reporting.
Recommendation:
The City should establish and document a policy on how other postemployment benefits trust accounts treated for financial statements reporting.
City response:
Management does not believe this is a policy matter, but an accounting one, that was missed in the prior year. Management believes that it has correctly posted a prior-period adjustment to reflect the expenditure that should have been recorded in the prior year to fund the Section 115 OPEB trust. Also, none of the OPEB activities are associated with federally grant funded activities. 2024-005 Grants Receivable
Condition:
The City did not have a clear process to evaluate and record potential grant receivables at fiscal year-end.
An additional $3,388,818 in grants receivable were recorded as part of the audit process.
Criteria:
Grants receivable should be recorded on the City’s financial statements when the revenue has been earned.
Cause:
The City did not establish a clear policy on the methodology to be utilized in determining accruals for grants receivable at fiscal year-end and the City did not evaluate grant funds to determine if there were additional grant receivables to recorded at fiscal year-end.
Recommendation:
The City should establish a policy on the methodology utilized in determining grants receivable at fiscal year end to evaluate if there are any additional grant receivables to be recorded at fiscal year end.
CITY OF SOUTH EL MONTE
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
14 Section III – Findings and Questioned Costs – Major Federal Award Program Audit City response:
In prior years, management recorded grant revenues as grant reimbursements were received. In the future, management will consider reimbursement grants to be “available” when received within one year after year end, in order to record the receivable and revenues at year end. 2024-006 Reporting
Condition:
The City filed two out of four quarterly financial reports past the filing date required by the grant program and did not file other two quarterly reports at all.
Criteria:
The City should file all required financial reports by their due dates.
Cause:
The City has had significant turnover in the position that should be filing the quarterly reports.
Recommendation:
The City should establish formal policies and procedures over grant reporting to inform City personnel on the required reporting requirements of City grants.
City response:
Management agrees and is currently recruiting a few vacant positions that fulfill those roles.
CITY OF SOUTH EL MONTE
STATUS OF PRIOR YEAR’S FINDINGS
FOR THE FISCAL YEAR ENDED JUNE 30, 2024
15 Section IV – Status of Prior Year Findings and Questioned Costs None reported in the previous fiscal year.
.
Meeting Agenda
HCD & City of South El Monte– SAR FY 2023–2024 Findings and CAP Date: Wednesday, October 8th, 3:05pm to 4:00pm
Time: 3:05pm to 4:00pm
Location: Virtual
Facilitator: Adam Gosney
Attendees:
• HCD Single-Audit-Coordination Team (SACT)
o Adam Gosney
o Sarah Theobald
o Kelly Seibert
o Carly Huston
• City of South El Monte Representatives
o Masami Higa – Director of Finance
o Gerardo Marquez - Director of Community Development and Public Works o Renee Reyes – Community Development Executive Assistant o George Lopez – Community Development Analyst (CalHOME) o Irma Peniche – Grants Coordinator
o Teresa Garcia – Accounting Manager
o Monika Troncoso - Consultant
ATTACHMENT B
1. Welcome and Introductions (5 minutes)
• Introductions from both teams
• Brief overview of meeting goals
2. Review of Findings and SAR Recommendations (10 minutes) • Recap of each finding from the FY 2023–2024 SAR
• Review of HCD’s recommendations for resolution
Finding
Number
Finding Name SAR Recommendation Jurisdiction Response
2024-002 Loan
Receivable
Restatement
"The City should establish procedures to
verify that the owners of the outstanding
loans receivable still inhabit the homes and
that they are in compliance with all
requirements of the loan programs. The City
should establish a process in which the
results of the verification process is
conveyed to the finance department as part
of the financial statement closing process."
"All home loans require a deed restriction
recorded with the Los Angeles County
Registrar-Recorder office. The City also
maintains a promissory note for each loan
which gets forgiven based on the applicable
terms of the loan. In instances when a
borrower decides to sell or transfer title of
the property with the deed restrictions, the
borrower must make a request to the City to
take off the deed restrictions by paying back
the loan with interest. Also, none of such
home loans were federally grant funded."
2024-005 Grant
Receivable
"The City should establish a policy on the
methodology utilized in determining grants
receivable at fiscal year end to evaluate if
there are any additional grant receivables to
be recorded at fiscal year end."
"In prior years, management recorded grant
revenues as grant reimbursements were
received. In the future, management will
consider reimbursement grants to be
“available” when received within one year
after year end, in order to record the
receivable and revenues at year end."
2024-006 Reporting "The City should establish formal policies and procedures over grant reporting to
inform City personnel on the required
reporting requirements of City grants."
"Management agrees and is currently
recruiting a few vacant positions that fulfill
those roles."
3. Jurisdiction Update on Corrective Actions (20 minutes) • Jurisdiction presents:
o Actions taken to address each finding
o Written documentation prepared or in progress
• If documentation is not yet available:
o Provide estimated submission date (within 45–60 days)
4. HCD Feedback and Discussion (10 minutes)
• HCD provides feedback on the jurisdiction’s response
• Clarify any outstanding issues or documentation needs
5. Next Steps and Timeline (5 minutes)
• Confirm follow-up actions and deadlines
• Discuss any additional support or follow-up meetings
6. Closing Remarks (5 minutes)
• Recap of key takeaways
• Thank participants for their time and collaboration
STATE OF CALIFORNIA -BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
May Lee State Office Complex
651 Bannon Street, Suite SW800, Sacramento, CA 95811
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
October 13, 2025
Masami Higa, Finance Director
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Dear Mr. Higa,
RE: Single Audit Report Management Decision Letter Fiscal Year 2023/2024.
California Department of Housing and Community Development The Department of Housing and Community Development, Division of Federal Financial Assistance received the State Controller’s Single Audit Findings Report for 2023/2024 which affects the City of South El Monte:
Finding 2024-002– Loan Receivable Restatement (SAR Pages 11-12) Condition:
The City had not reconciled loans receivable with the detailed list of loans receivable, nor had the City performed any procedures to determine if the detail list accurately listed all outstanding loans at fiscal year end. In addition, the loans were either expected to be forgiven in accordance with the terms of the loan program or that the length of time for repayment was for 30 years the City determined that the collectability was unlikely and should have recorded an allowance for the full amount of the loans receivable.
Criteria:
Regular reconciliation of loans receivable and performing procedures to verify that borrowers are in compliance with the loan program is crucial for identifying errors and to ensuring that the City is in compliance with the loan program requirements.
Cause
The City has had significant turnover with the personnel responsible for tracking and verifying the outstanding loans receivable in the past few years. The City also had no
ATTACHMENT C
City of South El Monte
Single Audit Report Findings 2023/2024
process in place to ensure that the evaluation and reconciliation of the loans receivable were accurately conveyed to the finance department.
Recommendation:
The City should establish procedures to verify that the owners of the outstanding loans receivable still inhabit the homes and that they are in compliance with all requirements of the loan programs. The City should establish a process in which the results of the verification process is conveyed to the finance department as part of the financial statement closing process.
Jurisdiction Response to Recommendation:
All home loans require a deed restriction recorded with the Los Angeles County Registrar-Recorder office. The City also maintains a promissory note for each loan which gets forgiven based on the applicable terms of the loan. In instances when a borrower decides to sell or transfer title of the property with the deed restrictions, the borrower must make a request to the City to take off the deed restrictions by paying back the loan with interest. Also, none of such home loans were federally grant funded.
Current Status:
During a meeting held on October 8th, 2025 between the City of South El Monte and HCD to discuss the finding the City indicated it will share its procedures related to CalHOME. HCD will review these procedures to determine if they adequately meet the recommendation indicated above.
Finding 2024-005– Grants Receivable (SAR pages 13-14)
Condition:
The City did not have a clear process to evaluate and record potential grant receivables at fiscal year-end. An additional $3,388,818 in grants receivable were recorded as part of the audit process.
Criteria:
Grants receivable should be recorded on the City’s financial statements when the revenue has been earned.
Cause
City of South El Monte
Single Audit Report Findings 2023/2024
The City did not establish a clear policy on the methodology to be utilized in determining accruals for grants receivable at fiscal year-end and the City did not evaluate grant funds to determine if there were additional grant receivables to recorded at fiscal yearend.
Recommendation:
The City should establish a policy on the methodology utilized in determining grants receivable at fiscal year end to evaluate if there are any additional grant receivables to be recorded at fiscal year end.
Jurisdiction Response to Recommendation:
In prior years, management was recording grant revenues as grant reimbursements were received. In the future, management will consider reimbursement grants to be “available” when received within one year after year end, in order to record the receivable and revenues at year-end.
Current Status:
During a meeting held on October 8th, 2025, between the City of South El Monte and HCD to discuss the finding the City indicated it will share a note disclosure. HCD will review this disclosure to determine if it adequately meets the recommendation indicated above.
Finding 2024-006– Reporting
Condition:
The City filed two out of four quarterly financial reports past the filing date required by the grant program and did not file other two quarterly reports at all.
Criteria:
The City should file all required financial reports by their due dates.
Cause
The City has had significant turnover in the position that should be filing the quarterly reports.
Recommendation:
City of South El Monte
Single Audit Report Findings 2023/2024
The City should establish formal policies and procedures over grant reporting to inform City personnel on the required reporting requirements of City grants.
Jurisdiction Response to Recommendation:
Management agrees and is currently recruiting few vacant positions that fulfill those roles.
Current Status:
During a meeting held on October 8th, 2025, between the City of South El Monte and HCD to discuss the finding the City indicated it will share organization charts, duty statements, and indicate the changes made to resolve the finding. HCD will review this documentation to determine if it adequately meets the recommendation indicated above.
HCD is responsible for working with the City of South El Monte to clear the findings. The City of South El Monte must provide to the Department, as indicated and agreed to by City of South El Monte in the meeting held on October 8th, 2025:
1. CalHOME Procedures in an attempt to clear finding 2024-002.
2. Note disclosure in an attempt to clear finding 2024-005.
3. Organization charts, duty statements, and indicate the changes made to resolve the finding to clear finding 2024-006.
This documentation must be written and be on official City of South El Monte letterhead.
The documentation from the City of South El Monte must be submitted to the Department via email to DFFA Single-Audits Coordination at [email protected] within 45 calendar days of this letter. If the City of South El Monte would like any technical assistance, please contact [email protected] and attach a copy of this letter for reference.
Failure to provide the documentation needed to clear these findings may result in the denial of future HCD funding opportunities to the City of South El Monte.
Sincerely,
Adam Gosney
HCD Single-Audit Coordination
City of South El Monte
Single Audit Report Findings
2023/2024 Page 5
CC: Sarah Theobald, HCD Single-Audit Coordination Team (SACT) Kelly Seibert, SACT
Carly Huston, SACT
Shanelle Hanohano, SACT
Justin Jeremiah, HCD CalHOME Program
Jason Blaire, HCD CalHOME Program
Holly Kelly, HCD Single-Audit Coordination – State Programs City of South El Monte
Gerardo Marquez - Director of Community Development and Public Works Renee Reyes – Community Development Executive Assistant George Lopez – Community Development Analyst (CalHOME)
Irma Peniche – Grants Coordinator
Teresa Garcia – Accounting Manager
Monika Troncoso - Consultant
ATTACHMENT D
1 Masami Higa
From: DFFASingleAudits@HCD <[email protected]> Sent: Tuesday, October 21, 2025 4:02 PM
To: Masami Higa; DFFASingleAudits@HCD
Cc: Hanohano, Shanelle@HCD; Gerardo Marquez; Renee Reyes; George Lopez; Rene Salas; Irma Peniche; Monika Troncoso; Teresa Garcia; Theobald, Sarah@HCD; Huston, Carly@HCD; Seibert, Kelly@HCD; Kelley, Holly@HCD; Jeremiah, Justin@HCD; Blair, Jason@HCD
Subject: Initial Review of Documentation: City of South El Monte 2023-2024 Single-Audit Findings
Attachments: Example - Procedures for Verifying Owner Occupancy and Loan Compliance.docx; Example - Grants Receivable Year-End Evaluation Policy.docx; Example - Formal Policies and Procedures over Grant Reporting.docx; Signed Response Letter to HCD Single-Audit Coordination Team.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Masami,
Thank you for the documentation. We are in the process of getting you access to upload those larger documents.
In the meantime, HCD does have some initial questions and responses to the provided documentation.
HCD Response to the Provided Documentation for finding 2024-002 (Loan Receivable Restatement):
1. It is not easily clear where HCD can finding the following recommendation components in the provided documentation:
“Procedures to verify that the owners of the outstanding loans receivable still inhabit the homes and that they are in compliance with all requirements of the loan programs.” (SAR) “...process in which the results of the verification process is conveyed to the finance department as part of the financial statement closing process." (SAR)
2. To provide a high-level example HCD is providing “Procedures for Verifying Owner Occupancy and Loan Compliance” as an attachment.
HCD Response to the Provided Documentation for finding 2024-005 (Grant Receivable):
1. The language indicated in the “Governmental Fund Financial Statement” is a good start. However, to clear this finding HCD needs to see, as indicated in the SAR “a policy on the methodology utilized in determining grants receivable at fiscal year end to evaluate if there are any additional grant receivables to be recorded at fiscal year end."
To provide a high-level example HCD is providing “Grants Receivable Year-End Evaluation Policy” as an attachment.
HCD Response to the Provided Documentation for finding 2024-006 (Reporting):
1. It is not easily clear where HCD can finding the following recommendation components in the provided documentation:
1. “...formal policies and procedures over grant reporting to inform City personnel on the required reporting requirements of City grants.” (SAR)
2. Requests of Jurisdiction:
1. Per Page 36 of the City’s FY 2025 Budget Book: “Formally restructured & reinforced New Employees Onboarding, as well as the Off Boarding of Separating Employees.”
ATTACHMENT E
2 HCD needs to see this New Employees Onboarding document. This document should include, as indicated in SAR: "formal policies and procedures over grant reporting to inform City personnel on the required reporting requirements of City grants."
2. Per Page 36 of the City’s FY 2025 Budget Book: “Improved Performance Evaluation Process:
Redesigned and implemented a more effective and consistent annual performance review process, including manager training, feedback tools, and goal-setting templates.” HCD needs to see this Performance Evaluation Process. This document should include, as indicated in SAR: "formal policies and procedures over grant reporting to inform City personnel on the required reporting requirements of City grants."
3. To provide a high-level example HCD is providing “Example - Formal Policies and Procedures over Grant Reporting” as an attachment.
Please respond back to the following questions and responses within five business days.
DFFA Single Audit Coordination Team
Division of Federal Financial Assistance
Housing and Community Development
MLSOC (Southwest Tower)
651 Bannon Street, Suite 800 | Sacramento, CA 95811
From: Masami Higa <[email protected]>
Sent: Thursday, October 16, 2025 1:34 PM
To: DFFASingleAudits@HCD <[email protected]>
Cc: Gosney, Adam@HCD <[email protected]>; Hanohano, Shanelle@HCD <[email protected]>; Gerardo Marquez <[email protected]>; Renee Reyes <[email protected]>; George Lopez <[email protected]>; Rene Salas <[email protected]>; Irma Peniche <[email protected]>; Monika Troncoso <[email protected]>; Teresa Garcia <[email protected]>; Theobald, Sarah@HCD <[email protected]>; Huston, Carly@HCD <[email protected]>; Seibert, Kelly@HCD <[email protected]>; Kelley, Holly@HCD <[email protected]>; Jeremiah, Justin@HCD <[email protected]>; Blair, Jason@HCD <[email protected]> Subject: RE: City of South El Monte 2023-2024 Single-Audit Findings MDL: 10-13-2025 Dear Mr. Gos ney, Please fi nd attached our response l etter. Bec ause Exhibits 3 & 4 are l arger than 5MB , pleas e provide instructions on how I may be able to upload them to you. Thank you . Respectfully , [cityofsouthelmonte .org] Masami Higa Dear Mr. Gosney,
Please find attached our response letter.
Because Exhibits 3 & 4 are larger than 5MB, please provide instructions on how I may be able to upload them to you.
Thank you.
Respectfully,
3 [cityofsouthelmonte.org]
Masami Higa
Director of Finance
Phone: 626-652-3129
Mobile: 626-617-1592
1415 Santa Anita Avenue
South El Monte, CA 91733
www.cityofsouthelmonte.org
[cityofsouthelmonte.orgm]
[facebook.com]
[instagram.com]
[twitter.com]
From: DFFASingleAudits@HCD <[email protected]> Sent: Monday, October 13, 2025 10:11 AM
To: Masami Higa <[email protected]>; DFFASingleAudits@HCD <[email protected]> Cc: Gosney, Adam@HCD <[email protected]>; Hanohano, Shanelle@HCD <[email protected]>; Gerardo Marquez <[email protected]>; Renee Reyes <[email protected]>; George Lopez <[email protected]>; Rene Salas <[email protected]>; Irma Peniche <[email protected]>; Monika Troncoso <[email protected]>; Teresa Garcia <[email protected]>; Theobald, Sarah@HCD <[email protected]>; Huston, Carly@HCD <[email protected]>; Seibert, Kelly@HCD <[email protected]>; Kelley, Holly@HCD <[email protected]>; Jeremiah, Justin@HCD <[email protected]>; Blair, Jason@HCD <[email protected]> Subject: City of South El Monte 2023-2024 Single-Audit Findings MDL: 10-13-2025 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Masami,
Thank you for meeting with us last Wednesday, October 8th (agenda and comments attached). Per our meeting, HCD is sending you a Management Decision Letter, which is attached. In the letter you will find instructions required of the City of South El Monte. Upon receiving documentation from the City of South El Monte HCD will review the documentation and inform the City of South El Monte if the documentation is suƯicient to clear the findings. If the documentation is suƯicient you will receive a Clearance Decision Letter. This CDL will outline why documentation is suƯicient. If HCD determines the documentation is not suƯicient, we will email you and ask for clarification and/or more documentation.
As indicated in the letter, you have 45 days to submit this documentation. This date falls on Friday, November 28th.
If HCD has not received suƯicient documentation by that time the City of South El Monte will receive a letter indicating that future funding opportunities by HCD may be denied due to the failure to clear Single-Audit Findings.
If the City of South El Monte would like any technical assistance, please contact [email protected] and attach a copy of this letter for reference.
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4 DFFA Single Audit Coordination Team
Division of Federal Financial Assistance
Housing and Community Development
MLSOC (Southwest Tower)
651 Bannon Street, Suite 800 | Sacramento, CA 95811
ATTACHMENT F
RESOLUTION NO. 25-095
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL APPROVING POLICIES FOR LOAN
COMPLIANCE, GRANTS RECEIVABLE, AND GRANT
REPORTING
WHEREAS, during the course of the Single Audit for the fiscal year ended June 30, 2024, independent auditor, Moss, Levy & Hartzheim LLP, identified policy improvements required of the City of South El Monte (the “City”); and WHEREAS, loan compliance policy is recommended for adoption that will improve financial reporting and accountability; and
WHEREAS, grants receivable policy is recommended for adoption that will improve financial reporting and accountability; and
WHEREAS, grant reporting policy is recommended for adoption that will improve financial reporting and accountability; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Approve the adoption of the loan compliance policy.
SECTION 2. Approve the adoption of the grants receivable policy.
SECTION 3. Approve the adoption of the grant reporting policy.
SECTION 4. City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of November 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. 25-095, 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 4th day of November 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
City of South El Monte
Policy Title: Loan Compliance Policy
EƯective Date: November 5, 2025
Policy Owner: Director of Community Development
Approved By: City Council Resolution No. 25-XXX
Objective:
To ensure that borrowers with outstanding loans continue to occupy the assisted properties as their primary residence and remain in compliance with all terms and conditions of the loan agreement. The results of this verification process are also used to support accurate financial reporting at fiscal year-end.
1. Annual Occupancy Certification
Timing: Conducted annually, typically at the end of the fiscal year. Method:
Send a Homeowner Occupancy Certification Form to all borrowers. Require borrowers to attest that:
The property is their primary residence.
They are in compliance with all loan terms (e.g., insurance, property taxes, maintenance).
Include a deadline for return and a warning of potential consequences for non-compliance.
2. Utility Bill Verification
Method:
Request a copy of a recent utility bill showing the borrower’s name and property address.
ATTACHMENT G
Alternatively, request a copy of a government-issued ID with the property address.
3. Property Tax Records Review
Method:
Access county assessor or tax collector records to verify:
The homeowner is receiving a homeowner’s exemption (if applicable).
The mailing address matches the property address.
4. Site Visits (if necessary)
Trigger: Initiated if:
Occupancy certification is not returned.
Utility or tax records raise concerns.
Method:
Conduct a visual inspection of the property.
Look for signs of rental activity or vacancy.
Leave a door hanger or request for contact if no one is home.
5. Compliance Review
Review loan terms to ensure:
Insurance coverage is current.
Property taxes are paid.
No unauthorized transfers or rentals have occurred.
Document findings in the loan file.
6. Communication with Finance Department
Purpose: To support the financial statement closing process by identifying any loans that may be impaired, in default, or otherwise non-compliant. Method:
Prepare a Loan Compliance Summary Report that includes:
Total number of loans reviewed.
Number of verified owner-occupied properties.
Number of non-responses or suspected non-compliance cases. Any loans flagged for further review or potential write-down. Submit the report to the Finance Department no later than 2 weeks before fiscal year-end close.
Retain a copy of the report in both the loan program files and the shared financial reporting folder.
7. Follow-Up and Enforcement
Non-Response or Non-Compliance:
Send a formal notice of potential default or non-compliance. OƯer a grace period to cure the issue.
Escalation:
Refer to legal counsel or program enforcement unit if unresolved. Consider remedies as outlined in the loan agreement (e.g., repayment, lien enforcement).
8. Documentation and Recordkeeping
Maintain all certifications, correspondence, and verification documents in the borrower’s loan file.
Update the loan tracking system with verification status and any compliance issues. Ensure all documentation is audit-ready and accessible for financial reporting purposes.
City of South El Monte
Policy Title: Grants Receivable Policy
EƯective Date: November 5, 2025
Policy Owner: Department Head who applied for the Grant Approved By: City Council Resolution No. 25-XXX
Purpose
To establish a consistent and accurate methodology for identifying and recording grants receivable at fiscal year-end in accordance with generally accepted accounting principles (GAAP) and applicable grant agreements.
Scope
This policy applies to all departments responsible for managing grant-funded programs and the Finance Department responsible for financial reporting.
Policy Statement
At fiscal year-end, the Department Head who applied for the grant shall evaluate all grantrelated activities to determine whether additional grants receivable should be recorded.
This ensures that all earned but uncollected revenues are properly recognized in the financial statements.
Methodology
1. Review of Grant Agreements
o Identify all active grants as of fiscal year-end.
o Review terms and conditions to determine revenue recognition criteria (e.g., reimbursement-based, milestone-based, or entitlement-based).
2. Assessment of Grant Expenditures
o Obtain expenditure reports from program managers for each grant.
ATTACHMENT H
o Match expenditures incurred through the fiscal year-end with allowable costs under each grant agreement.
3. Billing and Reimbursement Status
o Compare expenditures to amounts already billed or received. o Identify any unbilled expenditures that meet the criteria for revenue recognition.
4. Cut-oƯ Procedures
o Ensure that only expenditures incurred on or before the fiscal year-end are considered.
o Verify that supporting documentation (e.g., invoices, payroll records) is dated appropriately.
5. Communication with Program Managers
o Confirm with program staƯ whether any additional costs were incurred but not yet reported.
o Document any pending reimbursements or known delays in billing.
6. Recording Receivables
o Record a grant receivable for any earned revenue not yet received or billed as of fiscal year-end.
o Ensure proper classification between current and non-current receivables, if applicable.
7. Documentation and Audit Trail
o Maintain detailed schedules and supporting documentation for all receivables recorded.
o Ensure audit readiness by retaining correspondence, reports, and calculations.
Responsibilities
Program Managers: Provide timely and accurate expenditure data and communicate any pending transactions.
Finance Department: Conduct the receivable analysis, ensure compliance with accounting standards, and record entries in the general ledger.
Review and Updates
This policy shall be reviewed annually and updated as necessary to reflect changes in accounting standards or organizational practices.
City of South El Monte
Policy Title: Grant Reporting Policy
EƯective Date: November 5, 2025
Policy Owner: Department Head who applied for the Grant Approved By: City Council Resolution No. 25-XXX
1. Purpose
To establish standardized policies and procedures for grant reporting to ensure compliance with all applicable federal, state, and local regulations, as well as the terms and conditions of individual grant agreements.
2. Scope
This policy applies to all City departments and personnel involved in the administration, management, and reporting of grants awarded to the City.
3. Policy Statement
All City departments must ensure timely, accurate, and complete reporting of financial and programmatic information for all grants received. Reports must be submitted in accordance with the specific requirements of each grantor and must be reviewed and approved by the appropriate City personnel prior to submission.
4. Roles and Responsibilities
Grant Program Managers:
Maintain knowledge of grant-specific reporting requirements. Prepare and submit programmatic reports.
Track performance metrics and deliverables.
Finance Department / Grants Accounting:
Prepare and submit financial reports.
ATTACHMENT I
Reconcile grant expenditures with the general ledger. Ensure drawdowns and reimbursements are properly recorded. Department Heads:
Ensure staƯ are trained and compliant with grant reporting procedures. Review and approve reports prior to submission.
5. Reporting Requirements
5.1 Programmatic Reports
Frequency: As required by the grant agreement (e.g., monthly, quarterly, annually). Contents: Narrative summary of activities, performance measures, milestones achieved, and challenges encountered.
Responsible Party: Program Manager.
5.2 Financial Reports
Frequency: As required by the grant agreement.
Contents: Budget-to-actual expenditure reports, match contributions, indirect costs (if applicable).
Responsible Party: Finance Department.
5.3 Closeout Reports
Timing: Within 90 days of grant end date (or as specified). Contents: Final financial and programmatic reports, inventory of grant-funded assets, certification of compliance.
Responsible Party: Department Head who applied for the grant.
6. Internal Review and Approval Process
All reports must be reviewed by the Department Head who applied for the grant and Finance Department for accuracy and completeness.
Reports must be approved by the Department Head or Authorized Designee before submission to the grantor.
Copies of all submitted reports must be retained in a shared grant file with the Finance Department.
7. Communication and Coordination
Program Managers must notify the Finance Department of all upcoming reporting deadlines at least 30 days in advance.
Finance will coordinate with departments to ensure financial data aligns with programmatic reporting.
Any discrepancies must be resolved prior to submission.
8. Non-Compliance
Failure to comply with grant reporting requirements may result in:
Withholding of grant funds.
Repayment of disallowed costs.
Ineligibility for future funding.
Internal disciplinary action, if warranted.
9. Record Retention
All grant-related records, including reports, supporting documentation, and correspondence, must be retained for a minimum of 5 years after the grant closeout date, or longer if required by the grantor.
City Council Agenda Report
Agenda Item No. 7.h.
DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Director of Community Development & Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF PROFESSIONAL
PLANNING MANAGER SERVICES WITH WILDAN
ENGINEERING
SUMMARY: The City is in need of an interim Planning Manager while recruitment for a permanent Community Development Manager is being conducted. Wildan Engineering has provided a proposal to temporarily provide Planning Manager services for the city.
RECOMMENDED ACTION: Staff recommends approving the attached agreement for Planning Manager services provided by Wildan Engineering in the not-to-exceed amount of $65,000 and for an additional three (3) months of services if needed for an aggregate not-to-exceed amount of $130,000.
FISCAL/FINANCIAL IMPACT: The agreement is for a not-to-exceed amount of $65,000 for three (3) month services and an additional three (3) months, if needed, for an aggregate not-to-exceed of $130,000.
DISCUSSION: The City is in need of an interim Planning Manager to assist in the undertaking of special projects for the Community Development Department, overseeing specific entitlement projects, project management of specialized projects, advanced planning projects, building code update, and other specialized tasks as needed. For temporary staff needs, staff would contact MuniTemps to fill temporary positions.
Unfortunately, MuniTemps did not have any candidates available for Planning Manager services. Staff contacted Wildan Engineering and obtained a proposal for temporary Planning Manager services for the city. This would be for a three (3) month commitment with an option to extend three (3) more months.
Staff recommends approving the attached agreement for Planning Manager services provided by Wildan Engineering, in the not-to-exceed amount of $65,000 and for an additional three (3) months of services, if needed, for an aggregate not-to-exceed amount of $130,000.
ATTACHMENT(S):
A. SEM Wildan Engineering PSA Planning Manager consulting
1 2025
AGREEMENT FOR PROFESSIONAL SERVICES
(Engagement: Planning Consulting Services)
(Parties: Wildan Engineering and City of South El Monte) THIS AGREEMENT for PROFESSIONAL SERVICES (hereinafter, “Agreement”) is made and entered into this day of 2025 (hereinafter, the
“Effective Date”) by and between the CITY OF SOUTH EL MONTE, a municipal corporation (hereinafter, “CITY”) and WILDAN ENGINEERING (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional services necessary for the management, planning, development, and implementation of certain Community Development Department related projects; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills, and training necessary to competently provide such services to CITY; and
WHEREAS, CONSULTANT represents that it is qualified to perform such services pursuant to this Agreement; and
WHEREAS, the execution of this Agreement was approved by the South El Monte City Council at its Regular Meeting of , 2025, under Agenda Item No. .
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing on the Effective Date and continuing for three (3) months (the “Initial Term”) until its termination by one of the Parties, whichever event occurs first. If necessary, the Initial Term may be extended by CITY for an additional three (3) month term (the “Extended Term”) upon written notice to CONSULTANT within fifteen (15) days prior to the expiration of the Initial Term.
1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain letterPage 189 of 405 2 proposal of CONSULTANT dated October 8, 2025 (hereinafter, the “CONSULTANT Proposal”), which is attached and incorporated hereto as Exhibit “A”. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. Also attached and incorporated hereto is the CITY’s job description for the Planning Manager (hereinafter, the CITY’s “Planning Guidelines”) as Exhibit “B”. The term “Scope of Services” shall be a collective reference to the CONSULTANT Proposal and the CITY Guidelines. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services.
B. In the event of any conflict or inconsistency between the provisions of the document entitled CITY Guidelines and the CONSULTANT Proposal, the requirements of the document entitled CITY Guidelines shall govern and control but only to the extent of the conflict or inconsistency and no further.
In the event of any conflict or inconsistency between the provisions of the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions of this Agreement shall govern and control.
1.3 PROSECUTION OF SERVICES:
A. The Services shall be commenced within three (3) calendar days of CITY’s issuance of a written notice to proceed (“Notice to Proceed”).
CONSULTANT shall complete the various tasks identified in the Scope of Services within the timeframes set forth in the Scope of Services and shall complete all of the Services by or before three (3) months from the Notice to Proceed (the “Completion Date”). CONSULTANT may submit a written request for additional time to complete the Services, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONSULTANT in order to complete the Services; (ii) how much additional time CONSULTANT requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONSULTANT, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONSULTANT being able to complete any other service or task; and (iv) what proactive steps CONSULTANT has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONSULTANT to alert CITY of the need to provide information or complete certain tasks to be performed by CITY. CITY in its sole and absolute discretion may grant, deny, or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.
3 B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents.
C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.
D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees.
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Services in accordance with the hourly rates and payment details set forth in the CONSULTANT Proposal, which is attached and incorporated hereto as Exhibit “A” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under the Initial Term of this Agreement may not exceed the aggregate sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000) (hereinafter, the “Initial Term Not-to-Exceed Sum”) during the Initial Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CITY desires to extend this Agreement with an additional three (3) month term, the City Council for CITY hereby delegates to the City Manager the authority to extend the Initial Term for an additional three (3) month term and to authorize expenditure of a Not-to-Exceed of SIXTY-FIVE THOUSAND DOLLARS ($65,000) (hereinafter, the “Extended Term Not-to-Exceed Sum”) during the Extended Term of this Agreement, for an aggregate Not-to-Exceed Sum of ONE HUNDRED THIRTY-THOUSAND DOLLARS ($130,000) (hereinafter, the “Aggregate Not-to-Exceed Sum”) provided that any authorization shall be made in writing signed by the City Manager and expressly referencing the City Manager’s delegated authority under this paragraph. In the event CONSULTANT’s charges are projected to exceed the Notto-Exceed Sum prior to the expiration of the Initial Term or Extended Term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 ADDITIONAL FEES AND REIMBURSABLE EXPENSES: Not included in the hourly rates are those items considered “exclusions”, such as job-related travel, meals, lodging, fuel, airfare and other related costs incurred by CONSULTANT or non-manager work-related services that are performed at the direction of CITY.
Additional services requested by CITY will be charged on a time and materials basis. Reimbursable expenses shall mean out-of-pocket expenses incurred by CONSULTANT in the performance of this Agreement for postage, printing and duplication costs, and messenger costs. Reimbursable expenses shall be billable at the actual costs reasonably incurred plus a ten percent (10%) surcharge.
1.6 PAYMENT OF COMPENSATION: Within twenty (20) days following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized
4 invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and any reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the person(s) responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.7 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.8 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Rene Salas, City Manager, (hereinafter, the “City Representative”), to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates John Yonai, Principal, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or the Consultant Representative’s designee will supervise and direct the performance of the
5 Services, using his skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All services prepared or undertaken by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict of interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with CONSULTANT’s performance of the Services. If CONSULTANT performs any tasks or services knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;
E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to,
6 subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any tasks or services performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the tasks and services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request
7 of the CITY. The key personnel for performance of this Agreement are Danilo Batson and John Yonai.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.
Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.
Department of Housing and Urbanization.
8 2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before performing any Services contemplated under this Agreement, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and
9 provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Services contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of one (1) year thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for
10 each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before performing any Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law.
CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure
11 to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this
12 Agreement at any time for convenience and without cause by giving thirty (30) days assignprior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.
Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7)
13 calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable
14 satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its
15 term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3789 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
16 Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any of the Services contemplated under this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay, any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government City of South El Monte
1415 Santa Anita Avenue
South El Monte, Ca 91733 Attn:
Rene Salas, City Manager
Wildan Engineering
13191 Crossroads Pkwy N. Suite 405
Industry, CA 91746
Attn: Salvador Lopez Jr.
17 Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
18 provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The completion deadline for any Services assigned to CONSULTANT may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY.
CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The CITY Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to
19 CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SOUTH EL MONTE:
By:
Rene Salas, City Manager
WILDAN ENGINEERING:
By:
Name:
Title:
Date: Date:
APPROVED AS TO FORM:
By:
Susie A. Altamirano
City Attorney
Date:
October 8, 2025
Mr. Gerardo Marquez
Director of Community Development and Public Works
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Subject: Interim Planning Manager
Dear Mr. Marquez:
Pursuant to your recent inquiry, I wish to confirm that Willdan can and would be most pleased to provide on-call planning services to assist with the management of the Community Development Department. As a company founded on the principles of serving public agencies, Willdan understands the cities’ requirements for professional planning services and outstanding customer service. Providing on-call technical support to cities and counties is a key component of Willdan’s services and has been a cornerstone service for the firm since our inception. Willdan offers a team filled with dedicated and respected professionals along with a support team of experienced planners, engineers, construction managers, landscape architects, CDBG Analysts, and historic resources. All our staff members have served in public agencies prior to joining Willdan and understand municipal government.
Our team’s past assignments include staffing city/county planning departments, preparing and processing entitlement applications – conditional use permits, zone variances, tentative maps, design reviews, plan checks and general plan and zoning code amendments. Cities have used our planners to accomplish advanced planning tasks for community planning, specific plans, area plans and policy documents, ordinances, public engagement activities, public meetings, and interagency collaboration.
The Willdan Advantage
▪ Know-How to Move Projects Forward. Willdan planners incorporate our clients’ plans, direction, and goals with technical know-how – and will bring that expertise to the City of South El Monte. Many of our Willdan Planners provide design review, plan checking and entitlement processing services for many of our client cities. No matter where Willdan planners work, they easily adapt to the community’s challenges and priorities.
▪ Large Company with Boutique-Company Approach. We have the resources of a large company and are staffed by individuals who respect our clients’ unique needs. Every Willdan employee seeks to understand each Cities’ goals, policies, and practices, not only from what is written in their General Plans and Development Codes, but also how those goals and policies have been applied over time.
When our planners need technical support, Willdan has additional in-house discipline resources to cover almost every aspect of a planning project from engineering to municipal financing to energy conservation to environmental planning. However, when the need arises, we have existing relationships with a myriad of specialty subconsultants we can call upon to fill that need.
EXHIBIT “A”
CONSULTANT PROPOSAL (WITH COMPENSATION RATE)
▪ Staff Quality and Longevity. Willdan recognizes that our employees are our most important resource. We provide them with professional development, flexibility, challenge, active listening, and recognition of the strengths they bring to our team. Our employees are committed to finishing clients’ projects, especially the long-term ones and those that have been tabled and come back to life.
Mr. Steve Masura will serve as your interim Planning Manager. Mr. Masura would work directly under your supervision and would be primarily responsible for managing the day-to-day operations of the Community Development Department, as well as other additional related planning assignments and duties, including, but not limited to, training of staff, managing advanced/complex development projects, design review, entitlement processing, plan check, and attendance at public hearings. Interim Director services would be billed at $198.00/hr. which is a fully burdened or “all-inclusive” billing rate. Mr. Masura is available immediately.
Mr. Salvador Lopez Jr. will serve as the main point of contact throughout the on-call current planning contract. He can be reached by mail at Willdan Engineering, 13191 Crossroads Parkway North, Suite 405, City of Industry, CA 91746; by office phone at (562) 364-7600; by cell phone at (626) 831-1133; or by email at [email protected].
Our proposal demonstrates the advantages Willdan’s team brings to this on-call contract and how your firm can benefit from having Willdan as an integral part of your team. Willdan is the right firm with the right resources and the right experience to provide on-call planning consulting services to the City of South El Monte. We look forward to the continued opportunity.
Respectfully submitted,
Willdan Engineering
Salvador Lopez Jr.
Director of Planning
10/30/25, 12:01 PM Class Spec Details
https://secure.neogov.com/classspec/detail/248ead199571eec259756338c244cbe1 1/4 EXHIBIT “B”
CITY’S PLANNING MANAGER GUIDELINES
City of South El Monte
PLANNING MANAGER
Definition
Under direction from the Director of Community Development, the Planning Manager will play a leading role in several key areas for the Community Development Department, with a strong emphasis and focus on the City’s current planning services. This role includes overseeing day-to-day Planning Division public counter operations and land use entitlements, which may include directly managing complex and sensitive planning assignments. The Planning Manager will bring a depth of technical experience and skills in facilitating all aspects of the planning process and work collaboratively with residents, the business community, and other City Departments and stakeholders. The most successful candidate will have vast knowledge of local, state, and federal laws applicable to planning, zoning, subdivision, and environmental review. This hands-on leadership position will require a strong communicator who is skilled at providing clear direction about departmental objectives, policies, and priorities, while providing excellent internal and external customer service.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Director of Community Development.
Supervision is exercised over Assistant Planner, the Building and Safety Permit Technician, and assigned staff within the Department of Community Development and Public Works.
Essential Duties
Duties may include, but are not limited to, the following:
Assists in the administration and coordination of overall Planning department activities, projects and programs; develops and implements department policies and procedures.
Supervises, trains, and leads professional and technical staff engaged in advanced and current City planning and building permit activities including general plan and zoning code maintenance and enforcement, review of proposed developments, and processing of entitlement applications and permits.
10/30/25, 12:01 PM Class Spec Details
https://secure.neogov.com/classspec/detail/248ead199571eec259756338c244cbe1 2/4 Conducts the most complex assignments, including the preparation, review, and project evaluation of current or advanced planning projects; manages the productivity of permit technician staff; ensures that planning activities are conducted in accordance with Federal and State law, City ordinances, rules, and regulations including the California Environmental Quality Act and Air Quality Management Plan.
Coordinates the conduct of environmental impact studies, including the preparation of requests for proposal; coordinates project review by other agencies; evaluates conclusions of environmental impact reports and prepares recommendations.
Prepares reports and documents for City Council and Planning Commission agenda; attends meetings of the City Council and Planning Commission; makes presentations and responds to questions as required; advises the City Council and Planning Commission on zoning and planning matters.
Reviews, analyzes, coordinates Planning related activities, consults with relevant parties, and prepares reports, conducts research and special studies; coordinates with other City departments involved in the development review process to maintain a high quality of customer service.
Selects, supervises, motivates, plans, trains, directs, and evaluates the work of lower-level staff; prepares and presents employee performance reviews; provides/coordinates staff training; works with employees to correct deficiencies; implements disciplinary procedures; recommends employee terminations; approves time sheets and expense reports.
Represents the City, as assigned, in relations with the community, advisory committees, local, state, and federal agencies, other planning departments, and professional organizations.
Prepares and monitors the division budget; forecasts funds needed.
Drafts and writes a variety of reports and documentation, including detailed Risk Management incident reports.
Performs other duties as assigned.
Minimum Qualifications
Experience:
Four (4) years of increasingly responsible experience in urban planning, including at least two years in a lead capacity and/or supervising professional planners.
Education:
Bachelor’s degree in land-use planning, urban planning, public administration, or a closely related field. A Master’s degree is preferred.
10/30/25, 12:01 PM Class Spec Details
https://secure.neogov.com/classspec/detail/248ead199571eec259756338c244cbe1 3/4 Licenses and Certificates
Possession of a valid Class C California State Driver’s License.
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
Hand-eye coordination is necessary to operate computers and various pieces of office equipment.
Occasionally required to stand or walk.
Occasionally required to lift and/or move up to 25 pounds.
Vision abilities required to see close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.
Working Conditions:
Sedentary work in office settings. Some outdoor work is required in the inspection of various land use developments and construction sites.
Occasionally works in outside weather conditions.
Occasionally exposed to wet and/or humid conditions, or airborne particles.
Noise level in the work environment is usually quiet in the office, and moderate in the field.
Other Necessary Requirements
Knowledge:
City Municipal Code, General Plan, Subdivision Map Act.
Codes and laws related to public safety and enforcement.
State and Federal regulations and legislation.
Principles of urban design, planning and zoning laws, land development process.
Adept in regulation research and interpretation skills.
Technology systems and applications.
Competencies:
Project Management – Ensures clear definition of project goal and criteria for success.
Strategic View – Focuses on the future and where current trends will lead.
10/30/25, 12:01 PM Class Spec Details
https://secure.neogov.com/classspec/detail/248ead199571eec259756338c244cbe1 4/4 Managing Change – Involves key stakeholder in planning and decision making.
Process Improvement – Controlling and Improving processes and workflow.
Organizational Design and Structure – Evaluates alternative organizational designs and selects the one best suited to meeting customer needs.
Organizational Savvy – Understands the inner workings and interrelationships of the organization.
Fiscal Acumen – Spends organizational funds wisely and strategically.
Managing Performance – Sets and aligns individual performance goals with the goals of the unit and the overall organization.
Empowering Others – Allocates responsibility to others according to their abilities and opportunities for development.
Leadership – Creates a positive work environment in which all are motivated to do their best.
Handling Conflict – Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.
Influencing – Persuades others to consider and adopt a new position or attitude on a topic.
Presentation Skill – Delivers clear, organized, and persuasive messages.
Innovation – Readily spots and identifies current opportunities for improvement.
Gathering and Analyzing Data – Organizes, codes, aggregates, and disaggregates data for analysis and produces data that can be trusted.
City Council Agenda Report
Agenda Item No. 7.i.
DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Jason Espejo, Public Works Analyst
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-096, AUTHORIZING THE CITY TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE
AND INTER-CON SECURITY SYSTEMS INC FOR PUBLIC
SAFETY SERVICES
SUMMARY: On July 17, 2025, the City of South El Monte published a Request for Proposal (RFP) for Public Safety Services and received six proposals. Staff reviewed the proposals and determined that Inter-Con Security Systems Inc. (Inter-Con) provided the best overall value to meet the needs of the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 25-096, approving the Professional Services Agreement with Inter-Con for Public Safety Services; and
2. Authorize the City Manager or designee to execute the documents incident to that Agreement.
FISCAL/FINANCIAL IMPACT: Fiscal impact is $267,234.24 for two full-time and twopart time public safety officers, (15% Contingency of $34,856.64 included).
DISCUSSION: On July 1, 2025, at a regularly held City Council Meeting, City Staff requested that City Council authorize the issuance of an RFP for Public Safety Services. This request was approved, and on July 17, 2025, the RFP was issued and made available on the City’s website.
There were six proposals received, and Staff carefully evaluated each as briefly summarized below:
The scope of service includes providing unarmed Public Safety Officers (PSO's) who will be uniformed, unarmed, non- sworn, and deployed to non-emergency service calls.
The cost of the six proposals is summarized below:
Bidder
Name
(from low
to high)
Hourly
Rate
Full Time Rate
(2,080 Annual
Hours)
Part Time Rate
(960 Annual
Hours)
Total Annual
Cost for 2 Full
Time & 2 Part
Time PSO's
Breakdown
Securitas
Security
Services
USA, Inc.
$25.56 $53,164.80
(1 Full Time
Officer)
$24,537.60
(1 Part Time
Officer)
$155,404.80 2 FT PSO's
$106,329.60
Annually
2 PT PSO's
$49,075.20
Annually
Alltech
Industries,
Inc.
$36.98 $76,918.40
(1 Full Time
Officer)
$35,500.80
(1 Part Time
Officer)
$224,838.40 2 FT PSO's
$153,836.80
Annually
2 PT PSO's
$71,001.60
Annually
Inter-Con
Security
$38.22 $79,497.60
(1 Full Time
Officer)
$36,691.20
(1 Part Time
Officer)
$232,377.60 2 FT PSO's
$158,995.20
Annually
2 PT PSO's
$73,382.40
Annually
Secural
Security
Corporation
$38.40 $79,872.00
(1 Full Time
Officer)
$36,864.00
(1 Part Time
Officer)
$233,472.00 2 FT PSO's
$159,744.00
Annually
2 PT PSO's
$73728
Annually
Condor
Security of
America,
Inc.
$39.92 $83,033.60
(1 Full Time
Officer)
$38,323.20
(1 Part Time
Officer)
$242,713.60 2 FT PSO's
$166,067.20
Annually
2 PT PSO's
$76,646.40
Annually
Willdan
Engineering
(Willdan)
$52.00 $108,160.00
(1 Full Time
Officer)
$49,920.00
(1 Part Time
Officer)
$316,160 2 FT PSO's
$216,320
Annually
2 PT PSO's
$99,840.00
Annually
Although Inter-Con was not the lowest bidder, staff evaluated the scope of services, comparable work experience with other municipalities, years of service, training, technological capabilities, and cost-effectiveness to determine the overall best value.
ATTACHMENT(S):
A. Resolution No. 25-096 - Public Safety Services
B. RFP PSO FINAL 1
C. RFP Addendum 1 PSS
D. RFP Addendum 2 PSS
E. Inter-Con Security Systems - South El Monte
F. Draft PSA Template - Public Safety Services.CAO
ATTACHMENT A
RESOLUTION NO. 25-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH EL MONTE, CALIFORNIA, AUTHORIZING THE CITY
OF SOUTH EL MONTE TO ENTER INTO AN AGREEMENT
WITH INTER-CON SECURITY SYSTEMS, INC. FOR PUBLIC
SAFETY SERVICES
WHEREAS, the City of South El Monte (“City”) is responsible for providing a high level of public safety to its residents; and
WHEREAS, due to the City’s need for supplemental public safety support, on July 17, 2025, the City issued a Request for Proposals (“RFP”) for Public Safety Services; and WHEREAS, six proposals were received and carefully evaluated by City staff; and WHEREAS, the firm with the best overall proposal that would benefit the City and highest score based on criteria identified in the RFP is Inter-Con Security Systems, Inc. (“Inter-Con”); and
WHEREAS, the annual cost proposed by Inter-Con for public safety services in the amount of $267,234.24.00 (includes a 15% contingency of $34,856.64) is found to be fair and reasonable; and
WHEREAS, the City Council desires to approve the contract award of the RFP to InterCon;
NOW, THEREFORE, THE CITY COUNCIL OFTHE CITY OF SOUTH
EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The above recitals, and each of them, are true and correct.
SECTION 2. The City Council hereby approves the contract for public safety services, in the amount of $267,234.24.00, with Inter-Con, a copy of which is attached hereto as Exhibit A.
SECTION 3. The City Council hereby authorizes and directs the City Manager to take all actions necessary to execute and effectuate the Professional Services Agreement on behalf of the City.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of November 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. 25-096, 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 4th day of November 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
REQUEST FOR PROPOSAL
Public Safety Services
CITY OF SOUTH EL MONTE
Public Works Department
1415North Santa Anita Avenue
South El Monte, CA 91733
July 17, 2025
Submittal Deadline: 5:00 P.M. August 18, 2025
Contact:
Gerardo Marquez, Interim Director of
Community Development
Email: [email protected]
ATTACHMENT B
CITY OF SOUTH EL MONTE, CALIFORNIA
REQUEST FOR PROPOSAL (RFP)
Public Safety Services
Firms wishing to be considered responsive to this RFP, must submit three (3) hard copies, and one (1) electronic PDF copy (saved on a flash drive) of their proposal in a sealed envelope no later than August 18, 2025, at 5:00 p.m. The envelope should be clearly marked as shown below:
Proposal for Public Safety Services
Attention:
Gerardo Marquez, Interim Director of Community Development c/o Office of the City Clerk,
1415 Sana Anita Road
South El Monte, California 91733
Submit Questions to:
Gerardo Marquez, Interim Director of Community Development [email protected]
1. LATE OR INCOMPLETE SUBMITTALS WILL NOT BE ACCEPTED.
The proposal must include all requirements listed under “Scope of Services” and “Proposal Requirements and Other Information”. This RFP contains additional information regarding the evaluation process, general terms and conditions, and the City’s template for professional services agreements under “Attachment D”. and City staff is available to respond to questions. To facilitate proposal development, the job bulletin has been provided under “Attachment A”.
2. SCOPE OF SERVICES SUMMARY: The City of South El Monte is requesting proposals from qualified professional firms to provide the City with unarmed Public Safety Officer services, seven days a week.
PSOs will be uniformed, unarmed, non-sworn personnel deployed to non-emergency and low-priority service calls.
3. SCOPE OF SERVICES
The City seeks proposals to provide unarmed Public Safety Officer services for 10-hour shifts, seven days a week. PSOs will be uniformed, unarmed, non-sworn personnel deployed to non-emergency and lowpriority service calls.
Services Include:
• Enforce parking ordinances and street sweeping violations • Patrol residential, commercial, park and city facilities • Tag and coordinate with LASD for removal of abandoned vehicles • Provide crowd control for city events and traffic control involving vehicles • Assist with code compliance and nuisance violations
• Respond to citizen complaints regarding public safety and code issues
Core Duties:
• Enforce parking and vehicle abatement laws
• Issue citations and warnings for parking and street violations • Post temporary signage and support public events logistics • Observe and report criminal or suspicious activity
• Serve as liaison to LASD and City departments for safety concerns • Maintain detailed records and reports of daily activities
4. OPERATIONS OVERVIEW
Public Safety Officer (PSO) Operations:
• Daily deployment in 10-hour shifts, seven days/week
• Background-checked and trained by vendor in accordance with City requirements • Dispatched via City coordination
• Equipped with City-approved uniforms, vehicles, radios, and mobile data computers • Shall not arrest, conduct vehicle stops, or issue criminal citations Event & Community Support:
• Provide assistance for City events (parades, fairs, ceremonies) • Coordinate with Code Enforcement for inspections and compliance
5. PERSONNEL & TRAINING REQUIREMENTS
• All PSOs must pass a civilian background investigation approved by the City • Vendor must perform their own background check prior to hiring • PSOs must be physically capable of all duties with or without reasonable accommodation • City reserves the right to remove/replace any personnel • Required ongoing training topics:
o Parking enforcement and citation procedures
o Conflict Resolution and De-escalation
o Report Writing
o Narcan Administration
o First Aid and Mental Health Response
o Local municipal code enforcement
6. EQUIPMENT REQUIREMENTS
The vendor must provide the following:
• City-approved patrol vehicles (clean, operational, branded) • Radios, mobile data computers, phones
• Narcan nasalspray, flashlights, uniforms (weather-appropriate) • Lockers for personnel storage
All branding on uniforms and vehicles must be approved by the City.
7. REPORTING REQUIREMENTS
Vendor must provide an electronic reporting system with the following capabilities:
• Hourly logs of areas patrolled and public interactions • Incident reports, actions taken, and agency notifications • Historical and real-time data access
• Mapping and location-specific tracking
• Monthly reports to City’s Public Safety Division
• Semi-annual and annual reports to City Council
• Custom reports upon request
8. COMMUNICATION AND OVERSIGHT
• Provide a dedicated management contact for daily coordination • Immediate reporting of significant incidents
• Monthly public safety coordination meetings with City staff • Annual performance review with City
• No unauthorized billing over contract amount without prior written approval
9. SHIFT AND SCHEDULING STANDARDS
• Ensure complete shift coverage with backup personnel
• Log shift start/end times and complete required reports • Brief incoming shifts on prior issues
• No billing for unstaffed hours
• Maintain schedule flexibility for City needs
10. ADDITIONAL DUTIES
During all shifts, PSOs will:
• Deter illegal activity and report suspicious behavior • Maintain courteous, professional demeanor
• Address unhoused individualsin coordination with City and LASD • Tag and report abandoned property in public areas
• Educate public on safety, participate in community programs • Support City departments in enforcement of quality-of-life ordinances • Serve as visible, accessible presence in community spaces • Provide non-injury accident response and support traffic control • Inspect for yard sale permits, unauthorized signage, and vendor compliance
11. SUBMISSION REQUIREMENTS
Proposals must demonstrate:
• Vendor qualifications and past experience with similarservices • Staffing and training approach
• Equipment provision and maintenance plan
• Sample reporting capabilities
• Cost structure and proposed pricing
12. RESERVATION OF RIGHTS
The City reserves the right to:
• Modify staffing levels and hours
• Amend scope based on operational needs
• Select vendor based on overall value, not just price
• Terminate or reassign services based on City performance evaluations EVALUATION OF PROPOSALS AND AWARD OF CONTRACT: This solicitation is for professional services and award of a professional services contract may be made to the most qualified firm who will best serve the City’s interests taking into account the demonstrated competence and professional qualifications for the scope of services to be provided and at fair and reasonable price to the City.
The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of South El Monte in accordance with the standard Professional Services Agreement (see Attachment D). Requested changes to the Professional Services Agreement must be
identified in the proposal but may not be approved.
Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.
Evaluation and Award Schedule
The following is a tentative schedule of the RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are projections and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.
RFP Published July 17, 2025
Proposals Due August 18, 2025
Anticipated Consultant Selection: September 2025
CONSULTANT SELECTION METHODOLOGY
The proposals will be evaluated based upon several factors. These factors may include:
Evaluation Criteria Max Points
Completeness of the Proposals and compliance with the required RFP format. 15 Understanding ofscope and approach to perform tasks efficiently. 25 Experience and Qualifications of Key Staff. 25
Ability to provide cost effective resourcesto perform duties assigned 35 Total Points 100
As part of the evaluation, the City will also contact references listed in the proposal.
The City Selection Panel will review the proposals received, and rank them based on the above criteria, and establish highest ranked consultant. The City may choose not to conduct oral interviews and negotiate a contract with the highest ranked consultant after the evaluation of written proposals.
At the City’s discretion, the City may also conduct oral interviews with the top 3 ranked consultants. If oral interviews are conducted, the City will inform the selected consultants and provide the evaluation criteria for oral interviews at that time. After evaluations, the City will select the consultant who hasis ranked highest.
After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the local agency does not consider fair and reasonable, negotiations must be formally terminated, and the local agency must then undertake negotiations with the second most qualified consultant. If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the local agency must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the local agency.
GENERAL TERMS AND CONDITIONS
The City of South El Monte shall not, in any event, be liable for any pre-contractual expenses incurred
by the consultant. Pre-contractual expenses are defined as expenses incurred by the consultant in:
1. Preparing the response to this Request for Proposal.
2. Submitting the proposal to the City.
3. Negotiating with the City in any matter related to this proposal.
4. Any other expenses incurred by consultant prior to the date of the executed agreement.
The City of South El Monte reserves the right to reject any and all proposals. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP.
The City reserves the right to cancel the services at any phase or at any point in any phase and pay the Consultant only for costs of services satisfactorily performed and incurred to that date. All data, documents and other products used or developed during the course of facilitating the services willremain the property of the City.
Rejection of Proposals: The City reserves the right to reject any and all proposals received in response to this RFP and to waive any informality in any proposal if it is determined to be in the best interest of the City to do so.
Proposal Validity Period: Submission of a proposal will signify the consultant’s agreement that the proposal, and contents thereof, are valid for 120 days following the submission of the proposal.
News Releases: News releases pertaining to the award of any contract resulting from this RFP shall not be made without prior approval of the City. The City's name and shield shall not appear on customer lists, advertising or other materials used to promote the Consultant's services without prior written approval of the City.
Closing: The City reserves the right to accept or reject any and all proposals, waive any defects or irregularity, modify the proposal terms or the selection process or negotiate a contract, along with a revised Scope of Services, schedule and fees with the Consultant. The City reserves the right to eliminate or add tasks identified in the Scope of Services with a corresponding reduction or increase in the fee. Staff shall present its recommendation to the City Council and is subject to its approval.
ATTACHMENT A
CITY OF SOUTH EL MONTE
PUBLIC SAFETY OFFICER (PART-TIME)
Definition
Under direction from the Code Enforcement and Public Safety Supervisor, patrols and enforces the City of South El Monte’s street ordinances, parking regulations and code compliance requirements; identifies violations and conducts vehicle abatement; responds to resident requests and complaints; provides traffic and crowd control in the event of accidents; performs other duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Code Enforcement and Public Safety Supervisor. Supervision is not exercised by this classification.
ESSENTIAL DUTIES:
• Duties may include, but are not limited to the following:
• Enforces parking ordinances; patrols residential, commercial areas, parks and makes checks in response to residents’ request; issues citations for violations of parking and stationary traffic violations; tags abandoned vehicles for impound. • Identifies violations of parking laws including those which pertain to time parking zones, handicapped zones, yellow zones for loading, and other special parking zones; responds to public complaints of abandoned vehicles; administers street sweeping regulations and scheduled activities; issues citations of vehicles violating street sweeping parking violations.
• Coordinates special Public Safety Division functions and safety activities with the Los Angeles County Sheriff and Fire Departments; reports suspicious activity, code violations, and other safety issues to appropriate personnel; assesses status of abandoned vehicles and determines if vehicle should be towed.
• Provides traffic/crowd control for accidents, parades and other special events including non-injury accident investigation; assists with traffic control when there are accidents or other incidents in need; inspects yard sales for required permits. • Serves as liaison between the community, the City’s Public Safety Division and the Sheriff’s Department for crime prevention programs.
• Contacts vehicle owners and sends warning notices for vehicle removal; follows-up on abandoned vehicle status; provides information on parking laws to citizens; posts temporary no parking signs for construction, and/or filming. • Maintains parking citation logs; prepares related written and oral reports as needed sends copies of citations to collection agency.
• Identifies and reports traffic control problems and parking signs in need of repair removes unauthorized signs and banners; informs vendors and peddlers to leave restricted areas. • Performs related duties as assigned.
JOB QUALIFICATIONS
Knowledge:
• City geography
• Applicable local and county codes, regulations and ordinances governing parking within the City limits Vehicle abatement procedures
Competencies:
• Professional/Technical expertise – Is comprehensively knowledgeable of the most current information, theories, techniques, practices, and procedures of the field. • Legal and Regulatory Navigation – Beyond the technical expertise of the profession, also knows and stays current on the relevant laws and regulations that pertain to the job. • Action and Result Focus – Stays clear and focused on what is expected or needs to be accomplished.
• Teamwork – Understands one’s role on the team and does whatever is needed to make the team a success. Customer Focus – Explores options and pursues solutions until customers are satisfied.
• Oral Communication – Shows attention through verbal and non-verbal cues (e.g., eye contact, smiling, nodding, body orientation).
• Writing – Uses correct vocabulary, grammar, sentence structure, spelling, and punctuation. Informing
• Attention to detail – Shows a high level of care and thoroughness in handling the details of the job. Adaptability – Adjusts quickly to changes in assignments and priorities. • Safety Focus – Putting safety first for self and others. • Handling Conflict – Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.
• Integrity and Ethics – Takes responsibility for his/her actions. • Using Technology – Proficient with equipment and computer applications used on the job.
Influencing – Persuades others to consider and adopt a new position or attitude on a topic. • Gathering and Analyzing Data – Identifies information needed to understand or address an issue.
• Critical Thinking and Problem Solving – Breaks down problems into components and recognizes interrelationships.
• Self-Management – Knows and adheres to policies and procedures.
Minimum Qualifications
Experience:
Two (2) years of experience with public contact, parking enforcement and traffic control.
Education:
High school diploma or equivalent. Associate’s degree or higher in administration of justice or public administration is preferred.
Licenses and Certificates:
• Possession of a valid California driver's license and a satisfactory driving record. Post Certificate 8.32 (citation authority class) is preferred. • May be required to obtain a certification of first aid and CPR training within six (6) months of employment.
• Successful completion of the Powers of Arrest course, which satisfies PC Section 832 (a) of the California Penal Code within six (6) months of employment is preferred.
Additional Requirements
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that
must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
• Required to stand, sit, walk, talk, hear and to use hands to finger, grasp and perform repetitive motions. Occasionally lift up to 25 pounds.
• Vision abilities required by these positions are those required to operate City vehicles in patrol operations.
• Repetitive tasks performed for extended periods of time requiring standing, sitting, walking, kneeling, crouching, stooping, and bending; pushing, pulling, and reaching overhead and above shoulders.
• Lift and move up to 50 pounds with assistance.
Working Conditions:
• Work performed at both inside and outside environments. • Possible exposure to inclement weather conditions including wet and/or humid conditions, heat, fumes, or airborne particles.
• Noise level is occasionally loud in field settings.
• Drive a vehicle to perform City business.
ATTACHMENT B
AFFIDAVIT OF NON-COLLUSION
I state that I am (title) (name of
firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.
I state that:
1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. 2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. 3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. 4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. 5) (name of firm), its affiliates,
subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that_ (name of firm) understands and acknowledges that the above representations are material and important and will be relied on by the City of South El Monte in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of South El Monte of the true facts relating to the submission of Offers for this contract. (Authorized Signature)
(Name of Company/Position)
Sworn to and subscribed before me this day of ,20 .
Notary Public for California
My Commission Expires:
ATTACHMENT C
CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):
Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.
ATTACHMENT D
PROFESSIONAL SERVICES CONTRACT TEMPLATE
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this day of , 2025 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.
2 1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
3 1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
4 2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreementshall not be deemed to waive any defects in work performed by Consultant.
5 ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 1 year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
6 (Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Rene Salas, City Manager or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
7 4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense
8 during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.
All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
9 (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policiesshall 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 shallspecifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
10 (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or
11 liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be
12 maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
13 6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons
14 for the default. The notice shall include the timeframe in which Consultant may cure the default.
This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel
15 specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
16 7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
17 8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
18 9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
19 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF SOUTH EL MONTE, a municipal corporation
Rene Salas, City Manager
ATTEST:
Adrian Garcia, City Clerk
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
By:
Name:
Title:
By:
Name:
Title:
Address:
“If applicable,” two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTYOF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTYOF LOS ANGELES
On , 2025 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A.
B.
C.
III. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
IV. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
V. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
VI. Consultant will utilize the following personnel to accomplish the Services:
A.
B.
C.
B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultantshall perform the following tasks at the following rates:
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line itemsfor all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
C-2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultantshall perform all services timely in accordance with the following schedule:
II. Consultantshall deliver the following tangible work products to the City by the following dates.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
EXHIBIT ”E”
CERTIFICATE OF INSURANCE
Thisisto certify that the following endorsement is part ofthe policy(ies) described below:
NAMEDINSURED COMPANIES AFFORDING
COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.)
COVERAGE POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
Consultant'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of South El Monte, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of South El Monte and the named insured is covered under the policy: Consultant agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly orindirectly from the wrongful or negligent actions of Consultant's officers, employees, agents or others employed by Consultant while engaged by Consultant in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of South El Monte
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
RM02.DOC REVISED 10/14/96.
TITLE:
AGENCY: ADDRESS:
CITY OF SOUTH EL MONTE, CALIFORNIA
ADDENDUM #1
BIDDING AND CONTRACT DOCUMENTS, PLANS AND
SPECIFICATIONS
for
Public Safety Services
Date Issued: July 17, 2025
ATTACHMENT C
Addendum for: PUBLIC SAFETY SERVICES RFP
Addendum No.: 1
Addendum Date: AUGUST 14, 2025
Issued by: City of South El Monte
Addendum 1 revises the bid due date. The bids are due at 5:00 PM on September 2, 2025.
This addendum provides clarifications based on questions asked:
Clarifications:
1. City will provide patrol vehicles.
2. City will provide communication equipment
3. Scheduling will be determined by supervising City staff.
4. Proposals should provide for four (4) full-time Public Safety Officers (160 Hours/per week) ATTACHMENT:
-MAP OF CITY OF SOUTH EL MONTE
Issued by City of South El Monte
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2031
2210
2222
2125
2103
2102
2025
2004
2017
2108
2431
2459
2319
2122
2103
2102
2020
2320
2014
2118
2230
2125
2302
2217
21129853
2023
2108
2218
2325
2026 9858
2129
2029
2214
9868
2226
2326
2228
2318 2315
9812
2124
2011
2306
2209
9847
9859
2017
2302
2208
2202
2216
2314
2223
2311
2308
9873
2314
2230
2005
2130
2115
2113
2227
2305
2219
9803
9723
2203
2213
2233
9823
9735
2202
2124
2116 2119
2018 2019
2131
2112
2109
2115
2103
9744
9750
9822
2100
9711
9811
9823
9719
9727
2319
2026
2015
9837
2027
2125
7079
2307
2108
9755
2209
2313
9754
9749
9831
9759
2212
2206
9832
2128
9745
9722
9713
9718
9705
9735
9758
9718
9712
9728
9751
9755
9703
807
9700
9 9732
9738
9721
2123
9731
9759
2119
9702
9734 9734
9739
7079
9739 9742
9750
9738 9735
2112
9713
2030
7569 9710
9724
9705
2307
9726 9722
9708
9720
2221
9730
9710
9729
2018
9745
9725
2014 9617
9730
2102
2026
9639
9605
9623
9649
9657
9723
9625
9625
9635
2420
2416
2206
9600
2404
9608
9640
9627
2400
9635
21272209
5079
2302
9761
9609
2304
9620
9605
9751
2318
9643
2000
2230
2300
9619
2544
2300
9733
2224
2218
2210
9715
2200
9739
2454
2442
2446
2437
2466
2441
2510
2510
2436
2447
2460
9630 2560
2515
2455
2538
2509
2533
2508
2503
9714
2436
2543
2448
2463
2551
2456
2526 2528
9620
2524
2534
2529
2460
2550
2544
2538
9702
2523 2518
2532
2539
2442
2504
2466
9652
2512
2467
2501
2531
2523
2439
2449
2468
2504
2539
2513
2436
2463 2458
2544
2509
2467
2437
2448
2443
2525
2455
2516
2549
2506
2443
2536
2530
2550
2520
2442
2452
2524
2545
2706
9742
2660
2604
2746
2710
2728
9635
9736
9619
2662
9750
2700
9649
2732
9730
2630
2621
9706
2718
2622
9643
2655
2738
2641
9660
2644
2634
2649
2607
2629
9710
2637
2717
9640
2656
2650
2744
2743
2730
2740
2703
27119646
2657
2610
2729
9608
2742 9559 9516
3659
3559
9528
2739
2714
2708
7259
2734
2737
2718
2733 2733 9468
2727
2703
9622
9540 9556
2738
9460
2722
2710
9535
2741 9545 2743
9519
9442
9519
2723
2707
9432
2726
2750
2725
9541
1359
7459
2716
2740
2700
9414
9530
9516
2712
2641
2716
2659
2649
2702
2718
2712
2709
2637
2722
2719
2713
2706
2703
2663
2723
2709
9452
9524
9524 2713
2701
2706
2702
2655
2717 2719
2713
2747
9522
9522 2708
2657
2653
2649
2641
9414
2631
9556
2648
2654
2637
2655
2476
9554
2626
2512
2607
2631
2625
2642
2604
2657 2664
2636
2658
2652
2611
2621
2656
2614
2540
2454
2627
2526
2420
2207
2456
2431
2030
2620
2617
9522
2458
2207
2310
2128
2610
2600
2315
2328
2225
2217
2226
2213
2300
9457
2628
2650
2453
2212
2112
2615
2609
2650
2227
2200
2445
2125
2107
2432
2218
2102
2663
2447
2458
2103
2211
2020
9427
9503
2455
2203
2209
9517
2318
2120
9515
2621
2450
2111
2004
2023
2014
2455
2015
9535
10310
10321
2545
2532
2509
2524
2555
2530
2556
2544
2536
2552 2550
2533
2526
2512
2520
2533
2548
2514
2527
2545
10418
2504
2539
2551
2515
10343
2518 2515
10406
2532
2521
2527
2538
2549
2526
2542 2539
2555
10411
2520
2514
10405
2532
2517
2538
10451
2523
2515
2527
10454
10439
10445
10312
10423
10457
10348
2526
2505
10356
2533
2541
10362
10417
2521
2529
2539
2535
10309
2308
10402
10448 10454
10432
2333
2323
2235
10433
10405
2521 2520
10319
10411
10444
10343
10361
10445
10412
10329
2339
10405
10320
10444
10419
10351
2319
10342
10418
2326
10437
10432
2334
2320
10406
10433
10439
10409
2221
10402
2514
2313
10426
2307
10409
2229
10328
10436
10449
10425 10427
10411
2222
2215
10336
10350
10314
10358
2225
10315
10457
10318 10321
10304
01401
40401
61401
2108
2100
10329
63301
4 3 4 0 1
10335
2025
10302
10429
10457
2314
10416
63401
62401
73401
2033
10357
2001
2103
82301
14401
64301
10443
2218
2206
31401
10343
2111
10351
10343
10355
2212
10315
2161
10325
05301
10333
10401
65301
2028
10161
10171
10303
2105
10101
2028
10155
2203
2025
2102
2320
2031
2036
2120
10032
2017
2309
2120
2124
2115
10031
2213
10115
10309
2110
10025
2024
2119
10023
2219
10005
2016
2130
10058
2017
2105
10004
2212
2227
2132
2208
2220
212710048
2300
10026
2200
10132
2245
2211
2422
10181
2018
2231
2217
2218
10142
2305
2203
2215
10108
2440
2223
2444
2219
2428
2227
2225 10148
2454
10102
2408
2402
2241
2414
2221
2458
2237
2434
10036
10042
10114
10118
10126
2208
2318
2401
2419
2415
10103 10133
2413
2417
10113
2528
2408
2552
243510142
2521
2502
10121
2542
10143
2561
2541
2514
2545
2548
2508
2325
2518 2523
2551
2515 10136
2409
2553
2550
2429
2552 2552 10108
2500
2550
2516
10106
2536
2551
2552
10015
2515
2436
10118
2558
2514
2422
2452
2408
10114
2521
2440
2430
2503
2561
2553
2414
2402
2543
2415
2446
2509
2458
2458
2547
2520
2423 10021
2534 2529
2435
2503
2532
2528
2431
2449
2529
2409
2508
2403
10116
2542
2453
10102
10104
10106
2419
10113
10105
2422
2417
10103
2420
10108
2418
2420 10101 2422
2416
10107
2415
10111
2418 10110
10112
2416
10624
2511
2507
10610
2503
40701 2510
2506
10615
2526
2504
2522
2517
2521 10618
2525
2408
2414
2425 2424
2520
2415
10927
52801
2510
2524
2437
2409
2532
2430
2435
2519
10748
73801
2528
2418
2440
10620
2421
2436
2404
2448
2529
2502 2446
2516
2424
2540
2441
2523
2405
2421
9442
10744
10752
2429
2501
2520
2513
2509
10758
66701
10808
10923
73901
2516
2510
2500
10909
2500
34901
2300
20801
2507
2326
242410908
10935
10841
10931
2322
10766
2223
2145
2210
10950
2151
56901
10903
2213
10948
10917
2253
2214 2332
2233
2239
10955
2312
2230
2234
2220
2519 10816
2201
2133
2320 10717
10922
10907
2239
10823
2332
2307
10917
2420
10916
10957
10831
10815
2338
2205
50801
2410
2229
10741
2221
2315
2326
2340
34701
10733
10820
8080
10732
1 92801
2339
2334 208010740
1 2327
10830
2321
2314 32701
10710
10826
2333
10716
2213
83801
10720
2319
2300
2310
10706
2325
10730
10702
2315
2222
2349
2112
2349
2314
2302
2314
10610
2324
2308
10618
2202
10718
2022
2030
10715
2122
2018
10605
10848
10740
10657
10705
10749 10838
10717
10628
10719
2330
10800
10665
10807
06901
2001
10808
10837
10811
44901
829
01 2102
2210
42901
10725
10912
2019 05901
10818
2244
2236
81011
22011
2226
2214 11017
2246
2238
11021
11021
11015
2130
2148
11035
2110
2120
2116
11020
214011011
11029
11033
9745
9753
3013
9731
9739
9735
9647
9661
9713
9723
3023
3032
3008 9803
9401
3011
3031
9417
9433
3025
3039
9425
9437
9511
9513
9513
9533
9549
9559
9445
9611 9327
9327
11356
11328
1511
11303
1503
11369
11338
11308
11355 1507
11349
11381
11339
11376
11362
11332
11350
11302
11372
11366
11328
11309
1500
11315
1517
11334
11345
11318
11312
11342
11322
11363
11453
11449
1409
11395
11434
11471 11452
1408 11437
1413
11303
11433
11440
11459
1416
1533
1530
1402
11309
1535
11465
11321
11409
11412
11418
11428
11344
1510
1506
11422
11339
1412
11327
11403
1403
11446
11315
11387
11345
11349
11333
11427 11435
1529
11441
11415
1526
1527
1533
1606
1516
11367
11373
1528
11363
11381
3035
9133
11530
1532
11409
1537
11351
11505
1536
11531
11403
1524
11393
1536
11357
11501
1510
1525
11387
11345
11511
1529
11339
1539
11523
11355
11361
1537
1536
1669
11328
11308
1663
11322
1673
1659
11302
11312
1653
11318
11429
71411 11423
1617
1660
1670
1636
1669
1629
1633
1656
1645
1626
1639
1623
1649
1639
1633
11342
11364
1630
1664
11354
1620
11338
1653
1646
1659
11348
11358
1640
1650
1673
1665
1676
1616
1622
1649
1643
1648
11402
1628
1642
1658
1664
1654
1672
11414
1668
1627
11410
1638
1664
11434
11456
11505
11527
1652
11533
1672
1715
11463
11512
1668
11466
11451
11481
11469
1634
1658
11545
1640
11526
11458
11485
11442
11511
11515
1646
11475
11508
11418
11424
11426
11414
11432
11457
11522
1526
1536
11 1744
512
11502
11477
1728
1716
11436
11446
1732
11402
1740
11432
11456
1722
11442
1750
11412
1720
11364
11408
11416
11374
11378
11370
11471
11465
11436
1712
11452
11426
11502
11462
11508
11422
11423
11449
1722
11413
11443
11433
11429
11419
11363
11369
11338
11437
11403
11360
11409
11353
11344
11459
11347
11348
11339
11359
11319
11334
11313
11359
11328
11323
11329
11345
11343
11353
11324
1954
11354
11333
1808
11453
11462
11456
11392
11434
11428
11388
11412
11402
11444
11450
11418
11424
11318
11440
11382
11406
11468
829
11011
1032
825
1006
1055
1004 11019
1042
935
1025
1046
11014
939
1049
1041
1023
932
1019
1010
1022
11020
11036
1021
942
1015
1016
11014
1033
1046
1054
1 1029
010
1024
1026
1058
1024
11046
11052
1011
11026
1053
11027
1045
1055
1040
1047
1022
11016
11038
1039
1032
1004
11071
11020
11083
11055
11069
11059
11026
11028
11058
11062
11022
11073
11079
1108
1108
902
926
902
0021
8221
962
0311
876
926
922
902
918
1221
968
870
1000
958
882
940
948
11030
2037
2029
2020
2128 2129 2021
2107 2101 9323 2005
2010
2104 2107
2113
2121
2125
2022
9316
9311
2310
2320
2214
2319
2223
2016
2301
2205
2306
9322
2213
2218 2217
2209 22062304
23079328
2327
23901
2118
2112
1401
1417
9904
1423
1413
1449
1327
9940 9941
1432
1412
1440
1455
1445
1308
1418
1225
1105
1402
1430
1452
9925
9928
1217
9941 9940
1503
1427
9949
1414
1081
9946
9908
1338
2755
9254
2752
2660
2654 2651
2663
1170
1171
1185
9300
9310
9251
1902
1741
11528 11524 11526
1181
1001
9205 2737
2220
11522
11516
10316
2114
2643
1180
2655
2701
2558 2554
2216
1210
1190
10174
2309
2300
10467
1223
1229
1218
1208
1252
1222
1212
1233
1213
1248
1232
1257
1256
1253
1217
1228
1237
1238
1236
1207
1238
1258
1267
1262
1247
1268
1266
1256
1262
1239
1259
1268
1218
1226
1200
1220
1258
1112
1232
1252
1263
1235
1127
1431
1228
1236
1832
1858
1712
11309
1303 1243 9936 9948
1239
1505
1459
2560
2550
2650
1442
10918
10912
10924
1089
10943
10948
10942
10912
1203
1204
10806
1228
5221
9501
9523
95299541
11428
11521
11517
11420
11527
11472
11518
2413
10349
10425
2429
10330
10351
10357
10323
2425
10315
10449
10363
2427
10437
2423
10433
2405
10325
10331
10339
1044310451
2435
2509
10446
10335
10416
10338
2439
10428
10337
10356
10420
2309
10360
10434
10357
10419
10350
2338 10614
10320
10322
2333
10429
10330
10412
10422
10438
10349
10308
10316
2400
2503
10336
10340
10407
2424
2428
2404
10403 10402
10413
10406
2438
2414
2511
2515
2439
2503
9859 2427
1705
10919
1205
10906
10913
10925
1203
1207
1303
1208
1218
11004
1224
10900
1231
1307
10910
10907
1212
1202
1210
10911
1230
1227
1216
1221
1215
1214
2446
2416
2313
2419
1124
1201
11530
2443
2451
2407
2540
2522
10925
1 2
3 4
5 6
7 8
9 A B C D E F G H I J K
Out of City
City Boundary
R-3 (Multi Family Residential)
R-1 (Single Family Residential)
P-F (Public Facilities)
M (Manufacturing)
C-R (Commercial Residential)
C-M (Commercial Manufacturing)
C (Commercial)
Abraham Dr
Adelia Av
Adelita Ln
Adson Pl
Alesia St
Allgeyer Av
Al’s Dr
Alpaca St
Andrews St
Arcy La
Backford St
Barringer St
Belcroft Av
Broadmead St
Bruin Av
Bunker Av
Burkett Rd
Byways St
Central Av
Chico Av
Cogswell Rd
Continental Av
Cortada St
Danielson Dr
Delco Av
Doreen Av
Durfee Av
Edwards Av
Elliott St
El Poche St
Enloe St
Estaban Torres Dr
Factorial Way
Farmer Av
Farndon St
Fawcett Av
Fern St
Fineview St
Floradale Av
Fruitvale Av
Frank Stiles St
Galax St
Garvey Av
Giovane St
Granada Av
Gomez Palacio Dr
Haig St
Haymond St
Hayword Way
Havenpark Av
Holtwood Av
Humbert Av
G7
D1-D6
E6
I8
D6-E6
G8-H7
D4
C5-F5
F8
F7
F7-G8
K6
I6-I7
F5-J8
B1-B2
I8-J7
J7-J8
G7-H8
F2-H8
C1-C6
F8-I5
H3-H4
B1
F8
G2, G5
G2, G5
F9-K5
F2-F4
G2-H2
C5-H5
D4-E4
F7-G7
D3-D4
F8
G6-J8
F7
A2-G2
I3
H6-I5
J7
J6
G6-H7
A1-D1
C1
H2-H3
F8-G8
H7
G7
E5
F5-F6
H8
D1-D2
Joe Vargas Way
Kale Av
Kayann Pl
Kayford Av
Klingerman St
La Madrina Dr
Lashbrook Av
Lawton St
Leafdale Av
Lee Av
Lerma Rd
Lexham Av
Lexington-Gallatin Rd
Lidcombe Av
Linard St
Linn Av
Loma Av
Lorin Av
Luder Av
Mable Av
Mapelfield St
Marybeth Av
Max Shapiro Way
Maxson Rd
Merced Av
Michael Hunt Dr
Millet Av
Mountain View Rd
Parlin St
Paulson Av
Peck Rd
Penn Mar Av
Potrero Av
Remer St
Rosemead Blvd
Rush St
Santa Anita Av
Saster Av
Schmidt Rd
Seaman Av
Show Ct
Springwood St
Strozier Av
Temora Av
Thienes Av
Troy Av
Tyler Av
Vacco St
Weaver St
D6-E6
D3-E3
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CITY OF SOUTH EL MONTE, CALIFORNIA
ADDENDUM #2
BIDDING AND CONTRACT DOCUMENTS, PLANS AND
SPECIFICATIONS
for
Public Safety Services
Date Issued: July 17, 2025
ATTACHMENT D
Addendum for: PUBLIC SAFETY SERVICES RFP
Addendum No.: 2
Addendum Date: AUGUST 18, 2025
Issued by: City of South El Monte
No Change to due date. The bids are due at 5:00 PM on September 2, 2025.
Addendum 2
Clarification:
1. Narcan nasal spray equipment requirement has been removed Issued by City of South El Monte
Request for Proposal
PUBLIC SAFETY SERVICES
Proposed By
INTER-CON SECURITY
PROPOSAL
CITY OF SOUTH EL MONTE PUBLIC
WORKS DEPARTMENT
Address
210 S De Lacey Avenue
Pasadena, CA 91105
Contact
John H. Campbell, CPP
SVP, North America
T: (626) 535 – 2639
E: [email protected]
Due
September 2, 2025
ATTACHMENT E
September 2, 2025
Mr. Gerardo Marquez
Interim Director of Community Development
City of South El Monte
1415 N. Santa Anita Avenue
South El Monte, CA 91733
Subject: RFP: Public Safety Services
Dear Mr. Marquez,
Inter-Con Security is pleased to submit this proposal for your consideration. In 1973, my grandparents founded Inter-Con Security with their life savings and a vision to redefine security services by setting higher standards for quality, reliability, and client focus. Over fifty years later, and still 100% familyowned, Inter-Con has grown into a $1.2B+ global security provider, employing 37,000+ professionals around the world. Unlike our volume-focused competitors, we specialize in delivering high-quality, customized, and cost-efficient security solutions for sophisticated clientele who demand more than mass guard services.
Inter-Con’s dedication to excellence has earned global recognition, including: being recognized as Best in Business for the security industry; as one of the fastest growing companies in America; and recently being named as a finalist in every major category of the Outstanding Security Performance Awards (OSPAs), including for Security Company of the Year. These honors reflect our industry leadership and unwavering focus on providing best-in-class service.
Our portfolio spans small local government agencies to large complex municipalities nationwide.
Current clients include agencies such as the Cities of Montebello, Azusa, and Pasadena, as well as San Bernardino County, and San Diego County. Each year, we deliver millions of service hours, carrying out tasks such as patrolling residential neighborhoods, commercial districts, city parks, and municipal facilities. Our services mirror the City’s requirements as listed in your RFP to include parking enforcement, observation and reporting, traffic and crowd control at community events, abandoned vehicle tagging, and support for code and nuisance violations Drawing on decades of experience supporting municipal governments, we provide reliable, responsive, and results-driven security. Our Public Safety Officers will be assigned exclusively to your facilities and community spaces, deployed to non-emergency and low-priority calls, and will serve as a visible, approachable presence while acting as liaisons with LASD and other City departments. In addition, they will be provided with specialized training in parking enforcement, de-escalation, and report writing, along with a robust compliance infrastructure. Together, these capabilities guarantee 100% staffing on Day 1, exceptional Officer retention, and seamless regulatory compliance.
As the largest minority-owned security provider (MBE) in the U.S. and the 4th largest security company in North America, we are proud of the diverse team that drives our success. At Inter-Con, success is measured by the trust we earn, the people we empower, and the difference we make— wherever security matters.
Respectfully,
Enrique Hernandez III
President and Chief Executive Officer
City of South El Monte Public Works Department | RFP: Public Safety Services Table of Contents – ii [add picture]
Table of Contents
Cover Letter ............................................................................................................................. i Table of Contents .................................................................................................................. ii Executive Summary ............................................................................................................... 1 Approach to Scope of Services ............................................................................................ 1 References ............................................................................................................................. 26 Attachment C – Claims History ........................................................................................ 29 Exceptions............................................................................................................................. 30 Price Proposal ....................................................................................................................... 32
City of South El Monte Public Works Department | RFP: Public Safety Services Executive Summary – 1 Executive Summary
As a recognized leader in the security industry, Inter-Con has more than five decades of experience designing and delivering customized security and risk management programs.
This experience includes building security programs for various federal agencies, state and local governments, Fortune 50 companies, international non-profits, as well as some of the largest providers of critical infrastructure in the country.
Since our founding in 1973, we have grown to become the fourth largest security provider in North America, employing tens of thousands of security professionals and delivering over $1.2+ billion in security services annually. Inter-Con distinguishes itself by providing fully customized solutions that align with each client’s needs, combined with a commitment to continuously evolve our programs as operational demands change.
Our approach is unique in the industry. Unlike other security providers, we employ a dedicated service model in which resources would be assigned exclusively to the City, ensuring focus and accountability without being shared across other programs. We believe that this approach is what allows us to maintain industry leading staffing rates (over 99.8% across our domestic portfolio) while at the same time ensuring that our Security Officers are better trained and better prepared than their counterparts. As a complement to this dedicated model, we also utilize proprietary, cutting-edge technology. This technology would strengthen the City’s incident management and workplace violence tracking systems, supporting ongoing compliance while giving the City clear, real-time visibility into your security program.
We are pleased to present this Proposal, which we have designed specifically to meet the distinct requirements of the City’s Scope of Work. The following highlights showcase the value we believe we can bring as a strategic partner to the City.
1. Proven Quality and Municipal Security Expertise at Scale – Inter-Con currently delivers millions of annual service hours across municipal facilities, airports, and government complexes, with a consistent record of meeting staffing, compliance, and performance requirements. We maintain 100% contractual compliance on similar large-scale programs and will bring the same standards to the City.
2. A Responsive and Scalable Partner – We understand Stanislaus City’s need for immediate scalability, including contingent emergency staffing and rapid adaptation to evolving departmental requirements. Our operational model ensures the City can request and receive additional Security Officers without disruption to ongoing services. This proven surge capacity enables seamless coverage for new sites, special events, and urgent requests while maintaining the highest standards of service across all City facilities.
3. Mission-Aligned Leadership and Employee Focus – We care deeply about our employees, and we maintain a dedicated People Operations Department
City of South El Monte Public Works Department | RFP: Public Safety Services Executive Summary – 2 whose sole objective is to drive positive morale among our Officers and improve retention. We invest in continuous professional development through preassignment and recurrent training, mentorship, and career advancement opportunities. Our leadership maintains an open-door policy and regular site visits to ensure Officers feel supported, heard, and equipped to excel in their roles. This commitment to our personnel results in high retention rates, continuity of service, and Officers who are engaged, motivated, and aligned with the City’s mission for safe and secure operations.
PROVEN QUALITY AT SCALE
As noted above, we currently deliver millions of annual service hours across the United States and employ thousands of security professionals across municipal facilities, airports, City government complexes, libraries, behavioral health centers, and other public-sector environments.
Our clients in this sector include, among others, the City of Montebello, City of Pasadena, and the City of Azusa among many others. In addition, Inter-Con was recently selected as the successful bidder for several large-scale City and municipal security programs, reinforcing our position as a premier security provider to complex, multi-site public-sector operations. We believe that our existing City and municipal portfolio reflects the high degree of trust and confidence that leading public-sector institutions, including those that demand the highest levels of service, safety, and regulatory compliance place in us.
ROBUST TRAINING & DEVELOPMENT PROGRAM
Inter-Con’s Training and Development Program equips Security Officers with the skills and judgment needed to serve City employees and community members with professionalism, courtesy, and care. Our approach combines technical training with an emphasis on customer service, cultural awareness, and community engagement.
Officers complete both initial and ongoing training that covers patrolling residential neighborhoods, commercial districts, city parks, and other municipal facilities.
Officers also receive specialized instruction in conflict management, de-escalation, emergency response, and site-specific City requirements. This ensures that every Security Officer is not only fully compliant with federal, state, and local regulations, but also prepared to foster a safe, welcoming environment for all who interact with the City’s services.
PROVEN IMPLEMENTATION & RETENTION EXPERTISE
Inter-Con is the industry leader in executing seamless transitions for high-requirement security programs. Over the past 12 months alone, we have successfully transitioned 42 new programs, encompassing thousands of Officers and hundreds of thousands of weekly service hours. Many of these transitions involved overcoming severe understaffing by prior vendors and/or the rapid deployment of multiple new locations simultaneously.
City of South El Monte Public Works Department | RFP: Public Safety Services Executive Summary – 3 Our disciplined, risk-mitigated approach emphasizes early stakeholder engagement, fully transparent communication, and the strategic retention of high-performing incumbent personnel to preserve institutional knowledge and foster continuity. Our transitions are supported by robust supervisory structures, comprehensive security assessments, and performance monitoring tools that ensure accountability and realtime oversight from the outset.
TECHNOLOGY AS A FORCE MULTIPLIER
Inter-Con is also at the forefront of security innovation, and we utilize our propriety technology to drive continuous improvement and transparency on the security programs we manage. Inter-Con’s commitment to innovation is further validated by our U.S. Department of Homeland Security SAFETY Act Designation, recognizing the effectiveness of our technology suite in mitigating security risks.
Through IC Labs, our in-house technology subsidiary launched in 2019 and staffed by Silicon Valley experts, we developed IConIQ, a proprietary security workforce management platform. For the City’s Security Services Program, IConIQ offers realtime oversight, AI-powered scheduling, biometric-based invoicing, and 2-minute micro-training modules at the start of each shift. This platform would enable full visibility into Officer activity, compliance, and qualifications across all, driving operational efficiency and cost transparency. Our integrated tools and daily wellness outreach also support retention and performance efforts, yielding a 33% improvement in Officer retention across recent deployments.
100% FAMILY-OWNED MINORITY BUSINESS ENTERPRISE
Since our founding in 1973, Inter-Con has operated under the same name, ownership, and steadfast commitment to delivering high-quality, mission-driven security services.
As a 100% family-owned and operated business, we have grown organically, without mergers or acquisitions, to become the fourth-largest security company in North America. We are especially proud to be a 100% Hispanic- and family-owned certified Minority Business Enterprise (MBE), with a workforce that reflects the communities we serve. Today, 83.5% of our employees and 100% of our Board of Directors identify as diverse and/or female, and over 30% of our workforce is female. Our diversity is achieved through non-discriminatory hiring practices that consider all applicants regardless of their background ensuring our teams reflect the communities we protect.
CONCLUSION
Inter-Con is uniquely positioned to deliver not only a superior security program, but also a trusted partnership that evolves with the City’s needs. With extensive municipal experience, proven operational excellence, and a technology-forward approach, we are ready to support every City facility with integrity, responsiveness, and care. We welcome the opportunity to demonstrate how our solution would deliver measurable value, elevate the security experience for the City, and protect the people and communities you serve.
IC Labs
Unique to the security
industry, our wholly owned
subsidiary is solely focused on
delivering enhanced value to
the City through the design,
implementation, and
management of innovative
technologies that are 100%
customized to each facility’s
unique operational needs.
A Force Multiplier
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 1 Approach to Scope of Services
Inter-Con fully understands the City of South El Monte’s Scope of Work and the critical need for reliable, unarmed Public Safety Officer services across the entire City, including municipal facilities, parks, parking areas, and public spaces. We also recognize that the City requires a partner who can ensure continuous coverage, provide well-trained Officers for non-emergency calls, enforce parking and code ordinances, as well as maintain a visible community presence.
As one of the largest security contractors in North America, and the largest certified MBE in the industry, Inter-Con is uniquely positioned to provide these services. Our proven experience of providing similar unarmed Public Safety Officer programs for municipalities and federal agencies ensures we can deliver a professional, communityfocused approach, backed by advanced reporting technology, consistent staffing, and scalable resources.
PROJECT METHODOLOGY & WORK PLAN
Inter-Con’s Project Methodology developed for the City’s public safety program is tailored to meet the operational, staffing, and reporting requirements specified in the scope of services. We are proposing a three-phased approach which relies on proven performance with current clients, particularly in environments characterized by high community visibility needs, continuous coverage requirements, and the demand for professional yet approachable Officers trained in ordinance enforcement and customer service.
Figure 1: Three Phased Approach to Account Management Phase 1 Project
Initiation
Program Transition with a focus on uninterrupted
coverage, including the Recruiting and Screening of
qualified security personnel.
This phase ensures Officers are selected for both professional competence and their ability to engage with the community effectively. 2 Project
Execution
Development of a detailed Staffing Plan, comprehensive
Training and Development of the City’s Public Safety
Officer force (emphasizing de-escalation, ordinance
enforcement, and customer service), and procurement of
necessary uniforms and equipment.
This phase ensures officers are properly prepared and equipped to deliver visible, reliable service across City facilities, parks, parking areas, and public spaces.
3 Project
Maintenance
Selection of Key Performance Indicators (KPIs) and
deployment of the Total Quality Management Program for
the City’s Public Safety Services, including Employee
Retention and Recognition initiatives.
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 2 This lifecycle-based methodology ensures operational readiness on Day One, consistent service delivery throughout the contract term, and proactive performance improvement aligned with the City’s evolving needs.
PHASE 1: PROJECT INITIATION
STEP 1 – GUARD FORCE TRANSITION
Inter-Con brings five decades of experience managing large-scale contract transitions across complex, multi-site environments to this solicitation. This experience has shaped a well-honed, reputable process built on defined milestones dedicated transition staffing and ongoing client collaboration. Our approach involves meticulously delineating tasks, assigning dedicated team members, defining clear milestones, and closely monitoring weekly progress, all aimed at ensuring minimal disruption to the City’s public safety operations. These steps would be custom-tailored to meet the City’s unique needs and site-specific requirements.
TRANSITION TEAM
Inter-Con’s Transition Team includes cross-functional experts from Operations, Technology, Human Resources, Talent Acquisition, and Contract Administration, each selected for their expertise in standing up large-scale, multi-site contracts. This team collaborates closely to ensure a seamless transition by leveraging institutional knowledge and proven best practices to address all aspects of project mobilization. We have included a short bio on some of the key individuals below.
Ms. Mariana Alverez | Operations Manager | Ms. Alverez would ensure strategic alignment between both the City and Inter-Con. She would be responsible for overseeing a successful account transition as the City’s Chief Transition Officer, and for representing Inter-Con’s Executive Team during quarterly business reviews and expediting any requests the City may require.
Mr. Brian Faulkner | Chief Information Officer: Mr. Faulkner would function as City’s Technology Interfacing Officer. After transitioning, Mr. Faulkner would propose approved improvements to the City’s guard tour system and other security augmentation technologies throughout the lifetime of the contract. Mr. Faulkner would ensure the smooth operation of Inter-Con’s services and continually seek to provide the City with new and innovative security programs and technologies.
Mr. David Oken | Executive Vice President, Global Talent: During the transition period, Mr. Oken would use his expertise in personnel screening and recruiting to build a dynamic team for the City. His expertly led team would be responsible for review of incumbent personnel, new candidate recruitment, and screening efforts.
This phase maintains accountability through advanced reporting systems, ensures long-term staffing consistency, and delivers continuous improvements aligned with City expectations.
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 3 Figure 2: Key Members of Inter-Con’s Transition Team
Team Member Key Responsibilities
Ms. Mariana Alverez
Operations Manager
Role: Chief Transition
Officer
• Aligns Inter-Con transition strategy with all City
goals
• Oversees all mobilization deliverables
• Expedites requests from the City’s Account
Manager
Brian Faulkner
Chief Information Officer
Role: Technology
Interfacing Officer
• Leads integration of guard tour and security tech
• Proposes system enhancements and innovations
• Oversees data/reporting tools for continuous
improvement
David Oken
EVP, Global Talent
Role: Transition Manager
• Oversees incumbent review and new recruiting
• Ensures candidate compliance with screening
criteria
• Manages Talent Acquisition team for staffing
alignment
TRANSITION TIMELINE
Inter-Con would initiate the transition immediately upon contract award. Members of Inter-Con’s Transition Team and the City assigned Account Manager (Account Manager) would meet with the City to align on goals, address any known gaps, confirm timeline milestones, and formalize the transition plan. Inter-Con understands the critical, high-visibility nature of transitions and commits to a full operational handoff within 30 days. Our Account Management Team would be directly involved in the transition, including having on-site presence at City facilities.
Figure 3: Graphic Timeline of City Transition Activities ID Tasks Duration
30 Day Transition
10 20 30
1 Activate Transition Team 1 Day
2 Notify & Activate Key Personnel 1 Day
3 Hold Post-Award Conference 1 Day
4 Conduct Initial Transition Team Meeting 1 Day
5 Submit Licenses, Permits and Insurance 2 Days
6 Submit Job Descriptions & Recruiting Profiles 10 Days 7 Brief Incumbent Personnel 3 Days
8 Screen Incumbent Personnel 15 Days
9 Recruit & Screen New Applicants 30 Days
10 Submit Approved Application Packages & Hire
Personnel 10 Days
11 Acquire Required Equipment and Software 20 Days
12 Hold Weekly Meetings 30 Days
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 4 ID Tasks Duration
30 Day Transition
10 20 30
13 Review Existing Operational Processes 15 Days
14 Conduct Initial Security Threat Assessments for
Assigned Locations | Review Existing Posts,
Procedures, Deliverables, Data & Regulations
10 Days
15 Submit Final Transition, QC & Contingency Plans 15 Days 16 Secure Approval for Training Programs 10 Days
17 Review Incumbent Personnel Information 10 Days
18 Conduct On-boarding Training for New Personnel 30 Days 19 Inventory City-Furnished Property 10 Days
20 Inventory Inter-Con Furnished Property 10 Days
21 Implement all Software Tools/Updates 20 Days
22 Issue Uniforms & Equipment 30 Days
23 Hold Final Transition Meetings 5 Days
24 Commence Operations 2 Days
25 Monitor & Review Transition Activities 30 Days
Figure 4: Inter-Con’s 25-Step of Transition Activities
Step Transition Activity Details
1 Activate Transition Team: Inter-Con will assemble and brief the Transition Team, as well as on-call support from corporate management.
Required Resources: City = N/A, Outgoing Provider = N/A, Other Party = N/A 2 Notify and Activate Key Personnel: Upon receipt of the notice of award, Inter-Con management notifies key management personnel and any approved suppliers.
Required Resources: City = N/A, Outgoing Provider = N/A, Other Party = N/A 3 Hold Post-Award Conference: Inter-Con will meet with City representatives to discuss specific Transition Plan items.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A 4 Conduct Initial Transition Team Meeting: Upon receipt of the notice of award, the Inter-Con team conducts initial meetings with City representatives to discuss the transition approach and timeline, and incumbent personnel outreach activity.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A 5 Submit Licenses, Permits and Insurance: Inter-Con management submits to the City valid documentation and licenses as requested.
Required Resources: City = N/A, Outgoing Provider = N/A, Other Party = N/A 6 Submit Job Descriptions & Recruiting Profiles: Based on feedback from the City, Inter-Con will develop and submit for approval job descriptions and recruiting profiles for all positions.
Required Resources: City = Key Stakeholders and City’s personnel preferences, Outgoing Provider = N/A, Other Party = N/A
7 Brief Incumbent Personnel: Inter-Con explains new contract and any relevant changes to current personnel and will encourage them to remain with Inter-Con.
Required Resources: City = Space onsite to meet with incumbent personnel, Outgoing Provider = Unfettered access to incumbent personnel, Other Party = N/A
8 Screen Incumbent Personnel: Inter-Con’s Transition and Account Management Teams will identify individuals within the incumbent security force to retain. In coordination with the City, and after discussing proposed compensation levels with incumbent personnel, we will make a sound projection of the number of new personnel that need to be recruited,
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 5 Step Transition Activity Details
screened, cleared, and trained prior to the planned contract start-up date to meet all requirements. Inter-Con recruitment is an on-going effort that will continue after contract startup.
Required Resources: City = Access to preferred City Background Screening partner (if applicable), Outgoing Provider = Relevant information for incumbent personnel, Other Party = Background and Drug Screening expertise 9 Recruit and Screen New Applicants: Inter-Con individually interviews all applicants. All applicants are screened through Inter-Con’s 7-step process to evaluate reliability, honesty, positive work attitudes, and medical and physical fitness, as well as City-required screening procedures necessary to receive a favorable vetting. Inter-Con assures the City that all employees meet the requirements outlined in the RFP.
Required Resources: City = Access to preferred City Background Screening partner (if applicable), Outgoing Provider = N/A, Other Party = N/A
10 Submit Approved Application Packages & Hire Personnel: Qualified applicants are selected for hiring. We will utilize an Administrative Specialist to ensure contract requirements pertaining to personnel recordkeeping and documentation are completed, organized, and available for City inspection and review. Our Administrative Specialist will also draft and submit a list of all Contract employees, their respective Contract start dates, shift assignment, and position identifying part-time or full-time status.
Required Resources: City = Access to preferred City Background Screening partner (if applicable), Outgoing Provider = All incumbent information and zero barriers to recruitment, Other Party = N/A 11 Acquire Required Equipment and Software: Inter-Con coordinates and documents the acquisition of all equipment and software.
Required Resources: City = Information on all required and preferred equipment and software, Outgoing Provider = Honest assessment on the value/utility of the equipment and software they provided for the contract, Other Party = Timely and safe delivery of purchased equipment and software 12 Hold Weekly Meetings: Inter-Con’s Transition Team and Key Personnel meet (weekly, or more often, as appropriate), with City stakeholders and Outgoing supplier representatives during the transition period to track current and future milestones, as well as blocking issues and risk assessments.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A 13 Review Existing Operational Processes: Inter-Con’s Transition Team meets with City representatives to identify operational and administrative obligations for the new contract and to discuss any required changes to existing security processes and programs.
Required Resources: City = Key Stakeholders, Outgoing Provider = N/A, Other Party = N/A 14 Conduct Initial Security Assessments | Review Existing Posts, Procedures, Deliverables, Data & Regulations:
Inter-Con’s Security Subject Matter Experts and members of the Transition/Account Management Teams will conduct preliminary site threat assessments to establish new baselines from which our security program will operate off of. All existing Post Orders, procedures, deliverables, as well as Data & Regulations will also be reviewed for compliance and opportunities for enhancement. Any modifications to Post Orders, SOWs, deliverable templates will be agreed upon and implemented before the completion of the transition period.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A 15 Submit Final Transition, QC, and Contingency Plans: Inter-Con’s Transition Team reviews and refines the Transition Plan and collects additional information regarding specific assignments. The final Transition Plan will be submitted at the Post-Award Conference, which is scheduled per City preference.
Required Resources: City = Feedback from stakeholders, Outgoing Provider = Unfettered access to existing QC Plan and all information relevant to the transition, Other Party = N/A 16 Secure Approval for Training Programs: Inter-Con management obtains City approval of a detailed Training Plan to include syllabi, schedules, locations, and trainers. The Training Plan will include primary and make-up dates. An on-thejob training plan will be included.
Required Resources: City = Feedback from stakeholders, Outgoing Provider = Unfettered access to existing Training Plans and documents, Other Party = N/A
17 Review Training Details for Incumbent Personnel: Inter-Con will request copies of incumbent personnel training records and administrative files from the outgoing provider.
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 6 Step Transition Activity Details
Required Resources: City = N/A, Outgoing Provider = Unfettered access to incumbent personnel training documents, Other Party = N/A
18 Conduct On-boarding Training for New Personnel: Inter-Con trains new personnel according to approved plans, uploading training certificates in Inter-Con’s Learning Management System within 5 working days after successful completion.
Required Resources: City = Space onsite to train incumbents, Outgoing Provider = N/A, Other Party = N/A 19 Inventory City-Furnished Property: Inter-Con completes an inventory of City-Furnished Equipment with designated City stakeholders. Inter-Con’s Management Team accepts all City-Furnished Property, supplies and equipment and confirms receipt upon contract assumption. Inter-Con also conducts a full inventory of all City-Furnished Property, immediately after assumption of the contract and provides the results of the inventory to City within 10 working days of the start of the contract.
Required Resources: City = All City-furnished property, Outgoing Provider = Access to City-furnished property, Other Party = N/A
20 Inventory Inter-Con-Furnished Property: We conduct an inventory of Inter-Con-Furnished Property and provide it to the City on the contract start date. Inventories will be conducted on a quarterly basis, to include all Inter-Con furnished equipment, uniforms, and non-expendable supplementary equipment.
Required Resources: City = N/A, Outgoing Provider = N/A, Other Party = N/A 21 Implement all Software Tools/Updates: Led by our Technology Interfacing Officer for the City, our Account Management Team will assess all existing City and incumbent software tools to gauge operability and identify opportunities for improvement. Once the assessment is completed, all City stakeholders will be briefed of our findings and all necessary software updates, changes, or procurements will be executed.
Required Resources: City = Access to relevant City systems/technologies and key stakeholders, Outgoing Provider = Unfettered access to incumbents, documents, systems, and key stakeholders, Other Party = N/A 22 Issue Uniforms & Equipment: The Transition Team schedules distribution of equipment to new and existing personnel as necessary. Personnel are instructed in policies regarding use, return, and disposal of those items. The Transition Team conducts inspections of personnel in uniform to verify the correct wear of equipment.
Required Resources: City = N/A, Outgoing Provider = Unfettered access to incumbents, Other Party = N/A 23 Hold Final Transition Meetings: During the final days of the transition period, Inter-Con’s Transition Team and other Key Personnel begin daily meetings with City stakeholders to discuss the final steps of the process. A final meeting will be held the day prior to commencement of operations to achieve closure on remaining issues.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A 24 Commence Operations: Inter-Con assumes full responsibility for operations, in accordance with the City’s schedule.
Required Resources: City = N/A, Outgoing Provider = N/A, Other Party = N/A 25 Monitor and Review Transition Activity: During the transition period, Inter-Con’s leadership will monitor and review contract performance through daily reports and schedule weekly “QBR-style” meetings. In addition, the Inter-Con Transition Team and Inter-Con’s COO will maintain regular communications with City stakeholders to monitor and guarantee the quality of the services provided to the City throughout the life of the contract.
Required Resources: City = Key Stakeholders, Outgoing Provider = Key Stakeholders, Other Party = N/A STEP 2 – RECRUITING & SCREENING
Upon receiving notice to proceed, Inter-Con’s recruiting and operational teams immediately start recruiting any in-house Safey Officers the City wishes to retain. Once incumbent personnel are identified and agree to come on board, we can determine the number of positions that need to be filled and begin our external recruitment process.
Under the leadership of our Executive Vice President of Global Talent, Inter-Con’s Recruiting Team would work closely with the City to develop a customized Security
City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 7 Officer Requirement Checklist tailored to your operational and cultural needs.
Together, we will define role-specific requirements that go beyond minimum qualifications, ensuring Officers not only meet technical standards, but also reflect Inter-Con and the City’s values and expectations for professionalism. Inter-Con will integrate the City’s baseline requirements with our proven hiring standards to create a holistic, site-specific checklist that drives quality and performance from Day One. See Figure 5 for a draft framework; final criteria will be finalized collaboratively during the transition period.
Figure 5: Security Officer Requirement Checklist
Minimum Requirements for Security Personnel
Baseline
Requirements
• Be at least 18 years of age
• Be a U.S. citizen or legally authorized to work in the U.S. • Must possess a valid State of California issued unarmed Security Officer identification card
• Must have a valid California Driver’s License (Post Certificate
8.32 citation class)
• Two (2) years of experience with public contact, parking enforcement and traffic control.
• Knowledgeable of the most current information, theories, techniques, practices, and procedures of the field.
• High school diploma or equivalent.
Additional Requirements
Screenings
• Successfully pass pre-employment drug screening
• Successfully pass criminal and background checks including inquiry of all previous employers during the past five years, driving record history, local, California State, Federal criminal history, and military discharge records (if applicable) Security
Requirements
• Pass a civilian background investigation approved by the City • Present satisfactory references and employment history Soft Skills
• Have the necessary public relations skills to interact with employees and customers in a courteous, businesslike manner • Able to stay clear and focused on what is expected or needs to be accomplished.
• Understands written and oral rules and regulations and apply them in a tactful and non-confrontational manner
• Understands one’s role on the team and does whatever is needed to make the team a success.
• Able to understand and maintain confidentiality of information • Able to show a high level of care and thoroughness in handling the details of the job.