South El Monte City Council
November 4, 2025

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 8 Minimum Requirements for Security Personnel
Office Skills
• Utilize computer and associated equipment to monitor
environmental and electronic security systems
• Has basic knowledge of word processing, spreadsheet
programs, data entry and operation of multi-line telephone Language
Proficiency
• Must demonstrate the ability to read, understand, and apply rules, detailed orders, instructions, and training materials in the English language.
• Able to use correct vocabulary, grammar, sentence structure, spelling, and punctuation.
• Able to show attention through verbal and non-verbal cues (eye contact
• Retain the ability to construct and write clear, concise, accurate, and detailed reports, as well as communicate effectively, clearly, and concisely in English.

Stress
Management
• An ability to maintain poise and self-control under stress • Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.

Health &
Physical
Fitness
Be in good general health and capable of the following:
• Standing, sitting, or walking for extended periods of time-up to eight-hours
• Maneuver stairs and other physically demanding terrains at the site as regular duties
• Lift boxes weighing up to 20 lbs.
• Possess long-distance vision (use of glasses/contacts is permitted)
• Hear ordinary conversation (hearing aids are suitable) • Have no medical condition which limits the effective
performance of their assigned duties. Temporary incapacitation due to illness, disease, or recent medical operation is permitted • No medical history or medical diagnosis of habitual alcoholism or drug addiction. If such a condition existed, able to provide medical evidence of recovery and ability to perform duties is required prior to assignment
Inter-Con’s sourcing and selection processes are designed to ensure that the City is staffed with personnel who are well-qualified, mission-aligned, and prepared to deliver exceptional service. Drawing on our experience supporting similar security and safety programs, we recognize that success starts with selecting the right personnel, individuals who not only meet qualification standards but embody the City’s culture of professionalism.

Our candidate selection criteria emphasize physical readiness, professional conduct, and a demonstrated ability to perform effectively in demanding community-based environments. Our rigorous recruitment process is designed to identify individuals

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 9 who not only meet technical qualifications, but also reflect the values of integrity, reliability, and respect that define Inter-Con’s culture. This people-first philosophy is championed by our leadership and sustained across every level of our organization, from senior management to front-line supervisors and Officers.

SEVEN STEP EVALUATION PROCESS
We have invested heavily in developing best-in-class recruiting processes and infrastructure to support the effective and efficient talent identification, attraction, and evaluation of top security talent. Once implemented, our recruiting and screening method provides:
• A long-term, dependable security force with low turnover • Rapid personnel replacement capabilities
• A robust pipeline of qualified, trained, experienced Public Safety Officers ready to meet any temporary or surge force staffing needs
To ensure that the City receives the highest caliber of Public Safety Officers, InterCon implements its comprehensive 7-step process for recruitment, evaluation, and selection. This rigorous approach verifies the background and qualifications of each candidate, ensuring that only the most capable officers are selected for assignment to the City security program (Figure 6).

Figure 6: Seven Step Recruiting, Screening and Evaluation Process 7-Step Recruiting & Screening Evaluation Process
1 Application
Process
Candidates who respond to recruitment efforts would remotely complete an online application and submit an electronic resume.

All applicants would be screened in accordance with the City’s general qualifications and facility/post-specific requirements (as applicable) via Inter-Con’s customized “Requirement Checklist.” If all requirements are met, an initial interview is scheduled. 2 Information
Verification
Inter-Con’s Recruiting Team would perform a preliminary verification check to confirm the status of applicants’ employment history, age, relevant licenses/permits, and education. 3 Personal
Interview
Meeting the required standards, a second interview with the Account Manager (AM) would be scheduled to be evaluated on:
• knowledge of overall position and job-related topics
• Experience (specifically critical infrastructure)
• Communication ability and command of the English language • Interest in the position and Inter-Con’s organization • Overall motivation to succeed
• Appearance, including grooming and habits
• Poise, insight, and alertness
• Interpersonal skills
• Ability to interact with the public.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 10 7-Step Recruiting & Screening Evaluation Process
4 Background
Investigation
& Drug
Screening
Inter-Con conducts background investigation for each employee applying to work on the contract. In addition to the background investigation, Inter-Con would utilize eScreen to perform a drug screen that evaluates lab certified urine, saliva, or hair. All Public Safety Officers are prohibited from illegally using or possessing narcotics and other controlled substances during their tenure with Inter-Con.
5 Reference
Verification
Inter-Con performs reference checks to confirm the veracity of applicant’s resume and relevant professional claims.
6 OnBoarding
Once an applicant meets all qualification standards and passes the required screening, Inter-Con’s onboarding team finalizes their employment status and prepares them for assignment. This includes confirming completion of all required documentation and ensuring the candidate is ready for immediate training and deployment. A conditional offer of employment is issued upon completion of all prior steps, and the applicant is prepared for submission to the City for approval, if applicable.
7 Assignment
Preparation
& Training
Following onboarding, qualified candidates are scheduled for sitespecific training and integrated into the deployment plan. This step includes assigning shift schedules, issuing uniforms and equipment, and entering personnel into the master schedule. If City review or final approval is required, Inter-Con coordinates this prior to training. This ensures all personnel are fully prepared and equipped to begin service without delay.

PHASE 2: PROJECT EXECUTION
STEP 1 – STAFFING PLAN
Inter-Con’s staffing plan is structured to balance workforce availability, operational continuity, and cost efficiency. Our goal is to ensure that enough qualified, trained, and site-ready Public Safety Officers are available to meet the City’s coverage requirements.

We have analyzed the City’s anticipated staffing demands and developed daily and weekly workforce models to monitor staffing health in real time. These models are supported by Inter-Con’s proprietary comprehensive security management system, IConIQ, and are designed to ensure consistent post coverage while maintaining a stable and responsive workforce comprised of skilled, knowledgeable, and locally sourced personnel.

ESTABLISHING AND MAINTAINING WORK SCHEDULES
Inter-Con's management system, IConIQ - enables Account Manager to manage all post assignments in real time, ensuring full coverage and visibility across all City sites.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 11 IConIQ leverages predictive analytics and asset tracking to anticipate seasonal fluctuations and emergency response needs, helping maintain contract compliance while deploying well-qualified, properly equipped Officers in the most cost-efficient manner possible.

To support this, our Data Analytics Team refines data collection and usage analysis to streamline workforce planning and reduce administrative overhead. IConIQ also includes built-in safeguards that prevent double-shifting and fatigue-related scheduling risks. Officers cannot be scheduled for more than 12 hours in a 24-hour period, and each is guaranteed a minimum of eight hours rest between shifts.

All posts are entered into IConIQ’s 360 Scheduling and scheduled three weeks in advance. In addition, our proprietary Shyftr application allows pre-qualified Officers to view and self-select available shifts in real time, significantly improving post coverage and responsiveness.

Once assigned, Officer hours, scheduling, payroll, and invoicing data are tracked through RMS and monitored by Inter-Con’s Global Security Operations Center (GSOC). This 24/7 command center maintains constant communication with Supervisors and Officers, providing immediate alerts and issue resolution when needed. Inter-Con can also provide the City with daily and monthly reports summarizing coverage by post, shift, and personnel assignment.

Our reputation for successfully supplying staff to meet the City’s needs starts with our commitment to establishing an appreciation for the City’s operations and ensuring the right Officer is at the right place at the right time. Our ongoing efforts to accurately forecast seasonal deployments and create emergency response models have helped maintain comprehensive Staffing Matrixes as well as achieve a 99.6 % companywide staffing health ratio. Finally, our growing investment in and utilization of technology and data analytics can pay significant dividends to the City in improved security and greater cost savings.

The following table outlines the key features and functions of Inter-Con’s IConIQ and Shyftr application, both of which support efficient, compliant, and responsive scheduling and coverage.

Figure 8: Scheduling Technology Overview
System Key Capabilities
IConIQ
360 Scheduling
• Cloud-based Scheduling / Post Management Platform
• Real-time post assignment and coverage management
• Predictive analytics for seasonal and emergency staffing • Automated safeguards (e.g., max 12 hrs/24 hrs, 8 hr rest) • Three-week advance scheduling
• Integrated tracking of hours, payroll, and invoicing

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 12 • Full integration with GSOC for 24/7 monitoring and
escalation
Shyftr
Application
• AI-driven, real-time scheduling platform
• Officers view and claim pre-qualified open shifts
• Boosts coverage rates and reduces unstaffed posts
• Enhances flexibility and responsiveness
• Seamless integration with IConIQ and GSOC systems

TEMPORARY ADDITIONAL SERVICE (TAS)
In our 50-year history, there has never been an occasion when Inter-Con was unable to mobilize additional staff when requested by a client. Although Inter-Con is not pricing in variable work explicitly, we can provide immediate, temporary, emergency, and special event coverage for the City as requested, ensuring continuity of operations during City emergencies, special events, and potential work stoppages.

Through the coordination and efficient staffing of Inter-Con’s permanent full-time and part-time Public Safety Officers, all long-term and short-term requests for security services would be staffed exclusively with Inter-Con employees specifically trained in City requirements. Inter-Con’s staffing model developed for the City security program would provide for an overtime and flex surge capacity of 80 hours of TAS per week.

These are the same City Public Safety Officers that are fully trained, vetted, and assigned to work at the City on a day-to-day basis.

STEP 2 - TRAINING
Inter-Con provides its security personnel with customized training tailored to the specific requirements of each client. Our approach combines in-person and online instruction, giving Public Safety Officers multiple opportunities to strengthen their skills and capabilities before and during their service to the City. This includes preassignment, on-the-job, and refresher training, ensuring our employees are fully prepared and confident in their operational environment, a standard that reinforces our reputation for quality and professionalism.

Beyond the technical expertise of the profession, our Officers also know and stay current on the relevant laws and regulations that pertain to their job. This includes applicable local and county codes, regulations, and ordinances governing parking within the City limits, as well as vehicle abatement procedures. Officers are also trained to be comprehensively knowledgeable of the most current information, theories, techniques, practices, and procedures of the field, ensuring that their decision-making reflects the latest best practices and compliance standards.

Inter-Con’s world-class Training Academy would be leveraged to fully support our training efforts. Our Training Academy utilizes a student-centric training method and real-life exercises that are fully tailored to the specific requirements of this contract, ensuring all personnel assigned to this contract are well-informed and invested in their jobs and responsibilities.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 13 INTER-CON’S PRINCIPLES ON TRAINING
Inter-Con’s curriculum development process emphasizes operational relevance, regulatory compliance, and real-world preparedness. For the City, each module would be tailored to address site-specific risks, reinforce performance standards, and ensure Officers are fully prepared to perform in the field. We welcome the City’s input during the curriculum development phase to ensure alignment with program expectations.

Officer performance is also tracked post-deployment to support continuous improvement and measurable training outcomes. Inter-Con’s training philosophy is built on the following principles:
• Task-Specific Proficiency: Our instruction is focused on training and testing skill proficiency through repeated, practical drilling, not just delivering content through a classroom setting. Only those students who meet our standards of operational readiness would be assigned to a City post. • Performance Based Standards: We use clearly defined, measurable performance benchmarks to assess learning outcomes and identify any training gaps. This approach provides the City with transparent insights into Officer readiness and ensures every trainee understands the performance level required by the end of each training phase.
• Realistic, Scenario Based Drills: Our rigorous training program integrates realistic conditions in our courses by requiring our Officers to perform tasks under varying, sometimes hostile conditions. This training method allows us to instruct our Officers both as individuals and as team members in conditions modeled after the City’s environment. This repeated, realistic drilling ensures that our lessons are reinforced with our Officer’s resultant success in the field. • Dedicated Instructional Staff: We maintain a full-time staff of 30 highlyqualified trainers in the United States—120 worldwide—to support our contracts.

The City would receive full support from our Training Academy. The training team would support the Account Manager in developing, executing, and tracking the performance of all Inter-Con training modules.
• Program Oversight & Quality Assurance: The City’s instructional staff would be carefully monitored by our Account Management Team to make sure the training provided is client-focused and effective, yielding positive results. • Curriculum Updates: Inter-Con conducts formal curriculum audits annually, with immediate updates issued as needed to address new client requirements or evolving federal, state, or local regulations. If the City’s needs change, our team is equipped to respond without delay.
• Customer Engagement & Professionalism: Inter-Con conducts formal curriculum audits on an annual basis, with immediate updates issued as needed to address new client requirements or evolving federal, state, or local regulations.

TRAINING TOPICS
As mentioned above, Inter-Con would tailor our training curriculum according to the City’s needs, ensuring it reflects realistic scenarios and specific contract requirements.

Whether it is conducting comprehensive pre-assignment training or providing tailored

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 14 skills courses and on-the-job training, we embrace a student-centered training method to keep our personnel invested in their jobs and responsibilities. Beyond these training modules, Inter-Con would provide additional opportunities for personnel to enhance their skills and capabilities by using our online Learning Management System (LMS), which facilitates a more efficient and effective test-taking process, storing all training certifications and deliverables for the City’s review.

TRAINING CURRICULUM
Figure 9: Sample Pre-assignment Training Regimen for City Security Personnel Sample Pre-Assignment Training
Training Topic Delivery Method(s)
New Hire Orientation (Inter-Con’s Organization,
Policies, PR, & Grooming/Appearance) LMS
Duties & Responsibilities on Post (Post Orders &
Reporting for Duty) Instructor Led
CCTV, System Use, and Access Control (including
equipment use) Instructor Led / LMS
Emergency Procedures (Bombs, Terrorism, Fire
Alarms, Safety and Evacuation, Active Shooters,
Weather/Natural Disaster Procedures, & Medical
Emergencies)
Instructor Led / LMS
Communications Systems (Radio & Cellphone use
and etiquette) Instructor Led
Inter-Con’s and City’s Chain of Command Instructor Led
Security Officer Instruction & Limitations as Mandated
by California Instructor Led
First Aid, CPR, AED Training & BBP Certification Instructor Led Citizens’ Arrest Policies & Procedures and When to call the Police Instructor Led / LMS
Inspection & Search Procedures (including physical,
bag, & vehicle searches for prohibited items) Instructor Led Accident Investigation Procedures (including
personal injury and motor vehicle) Instructor Led / LMS De-escalation & Conflict Resolution Awareness
Training Instructor Led / LMS
Patrol Procedures (including Detecting Crime, etc.) Instructor Led / LMS Observation Techniques & Incident Reporting
(including photographic documentation) Instructor Led / LMS Workplace Violence / Harassment (sexual, bullying, etc.) / Discrimination Instructor Led / LMS

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 15 Sample Pre-Assignment Training
Customer Service & Sensitivity, Conflict Resolutions
Awareness, Dealing with Homeless and Mentally Ill
Individuals
Instructor Led / LMS
Crowd Management Instructor Led / LMS
Use of Force in Defense of Person Instructor Led / LMS
Workplace Safety, Accident Prevention Instructor Led / LMS

ANNUAL TRAINING
Inter-Con ensures that all our Officers stay up to date with necessary knowledge, requirements, ideas, programs, devices, and certifications associated with working security for the City. Our annual training regimen would include 8-hours of refresher training, covering these industry updates and the subjects covered in New Hire Training. Every City Officer will be required to complete this course to continue the contract.

Note: If the only annual training being priced/included is our “standard” annual refresher training, then including the table below is not really necessary. If there is specific training that has to be refreshed, then include the table & add rows/topics as necessary. (FA/CPR, firearms, client-specific requirements, etc.) Figure 10: Proposed Annual Refresher Training
Annual Training
Type of Training Delivery Method
Inter-Con’s Annual Refresher Training Instructor Led / LMS City required refresher training Instructor Led/ LMS

MEASURING TRAINING PROGRAM SUCCESS
We measure the success of our Training Program against test scores, retention levels, and performance in the field. For example, our post-incident reports confirm whether an Officer applied their training correctly during or in anticipation of an event. These answers enable us to identify any issues in performance and flag them to be addressed in future training. As a result, we assess both the individual and our program as well as evaluate our courses’ effectiveness.

TRACKING TRAINING COMPLETION & COMPLIANCE
Inter-Con tracks course completion and training certifications, including passing rates, through our online LMS. The LMS not only archives all student test scores as well as course attendance and passing rates, but it also provides virtual instruction on various topics. Inter-Con’s LMS can be easily accessed on any mobile device or desktop computer to facilitate a smooth learning and testing experience.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 16 Figure 11: Training Compliance Report
STEP 3 – UNIFORMS, EQUIPMENT, & TECHNOLOGY
Inter-Con personnel will have a welcoming demeanor and be properly attired to serve City. Uniforms would clearly identify the Public Safety Officers as well as be neat and clean in appearance. Examples of Inter-Con’s proposed uniforms can be found in the images below. Inter-Con can offer the City a variety of uniform options, including:
• Hard Uniform (standard): Black pants, blue shirt with Inter-Con patch (long or short sleeve), black shoes, black belt.
• Soft Uniform: Black slacks, black blazer, white long-sleeved collared shirt, black shoes, black socks, black belt. In the summer, Public Safety Officers wear white polo shirts.

EQUIPMENT INVENTORY
To ensure full accountability of all equipment, supplies, and property, Inter-Con uses a continuous receipt system to mark, inventory, monitor, and distribute every piece of equipment and other supplies as necessary. To assist our account management and supervisory teams with proper control, maintenance, and reporting of inventory, InterCon’s Procurement and Logistics Manager, Mr. Luis Duran, would serve as the Property Accountability Officer for this contract. He will assist in the drafting and submission of all required inventory reports and provide guidance on the proper storage and upkeep of property. Mr. Duran monitors and supports all reports of malfunctioning or deficient equipment and assist the Account Manager in arranging for replacement or maintenance.

Any malfunctioning equipment will be reported to the Account Manager and Mr.

Duran either immediately or by the end of the shift, depending on mission importance.

Additionally, Mr. Duran would ensure that all necessary manuals, books, guides, and forms are provided and accessible to the Public Safety Officers.

VEHICLES

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 17 Inter-Con would provide the City with the vehicles required to ensure efficient operations under the Scope of Services for this contract. Additional Information can be found in our Price Narrative.

For maintaining the vehicle’s interior and exterior conditions, Inter-Con typically utilizes standalone car washes or car washes at gas stations. We authorize the use of car washes at gas stations on the fuel cards we issue out to each vehicle. If there is not a gas station with an available car wash nearby, we would enroll the vehicle at the nearest standalone car wash.

For vehicle maintenance and repairs, we enroll our vehicles in Enterprise Fleet’s full maintenance plan that covers all major and minor mechanical repairs, all standard preventative maintenance, and all roadside assistance needs (towing, fuel shortage, key lock outs, etc.). Any time a vehicle is out of service for maintenance/repairs for an extended period, we secure a rental through our corporate account with Enterprise Rent-A-Car. An Enterprise Fleet maintenance card is issued to each vehicle and used as the method of payment for these services. The driver is never responsible for payment themselves. Enterprise Fleet has a nationwide network of shops, including numerous shops in the location area, within proximity to City locations.

TECHNOLOGY SOLUTIONS
Inter-Con is proud to serve as the leader of the pro-technology movement sweeping the security industry. In 2019, Inter-Con launched IC Labs, our wholly owned tech subsidiary focused on developing innovative solutions to enhance our services. Led by industry veterans from companies like Samsung, Amazon, and Apple, IC Labs collaborates with global leaders such as Salesforce, Microsoft, and AWS on cuttingedge projects. In 2025, we introduced IConIQ, our proprietary comprehensive security management system providing 360° program transparency through realtime data visualization, automated reporting, and intuitive dashboards that empower both our managers and clients to make informed, immediate decisions. IConIQ consolidates complex operations into a single, efficient platform—driving accountability, reducing response times, and streamlining service oversight at every level.

Inter-Con offers scalable technology solutions designed to relieve administrative burden, improve engagement, enhance program visibility, and driving cost-efficiency.

Inter-Con proposes the following technology implementations, at no additional cost, to the City:

TIMEKEEPING & ATTENDANCE
Inter-Con believes that the best approach for the City is to implement a system that incorporates attendance with timekeeping, scheduling, payroll, and invoicing in realtime. In doing so, the City will receive the benefit of harmonized systems that ensure proper reporting and billing, while minimizing the oversight burden on the City, especially for auditing and oversight functions required for this contract.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 18 Our proprietary solution is flexible and scalable. Its built-in AI proactively identifies scheduling gaps, triggering automated notifications and job requisitions to ensure timely backfilling. While the on-demand visualization of all posts and Officers provides management with program-wide staffing status levels in seconds.

IC MOBILE APPLICATION
Accessible from any mobile device, Inter-Con’s proprietary Mobile App streamlines field-level operations and accountability through integrated timekeeping, reporting, and compliance tools:
• Multi Factor Authentication - Requiring personal code, biometrics, and geolocation data, our time & attendance system ensures that the correct Officer is at the correct post at the correct time.
• Flexible Scheduling - By tracking their qualifications, home and post location, as well as stated scheduling preferences, we can better understand travel time and other external influencers to optimize the match of the right Officer to the right post location.
• Virtual Post Inspections & Wellness Checks - Management and supervisory personnel now make impromptu as well as scheduled video calls to security professionals in the field to 1) confirm their health and safety and 2) to ensure compliance with Post Orders.
• Digital Reporting - Prompts Officers to provide critical information, allows photo capture, is Geo-Fence compatible, syncs to custom dashboards, permits electronic sign-off by remote Supervisors, and is digitally stored along with all supporting files in our Client Portal. Reports can be accessed by management and approved City stakeholders with designated privileges.
• Guard Tour System – Inter-Con’s Guard Tour System provides real-time monitoring and data extraction of completed tours based on site surveys and analysis, as well as operates securely within each City site. Depending on the City’s preference, Inter-Con can also leverage any combination of GPS, Beacons, RFID, NFC, and QR codes to record an Officer’s location against patrol checkpoints and to facilitate other work-related activities like shift tracking, task lists, and issuing reports. Our reports feature live maps demarcating Security Officer post locations, shifts completed, patrol summaries, exceptions, tasks completed, and issues submitted/resolved.

SHYFTR APPLICATION
This AI-powered platform allows pre-qualified Officers to self-schedule open shifts based on availability, post qualifications, and proximity. Officers can declare preferred availability, while Supervisors receive automated candidate lists with home location, credentials, and shift eligibility. Shyftr syncs in real time with Inter-Con’s Time & Attendance platform, providing Managers and City stakeholders with immediate visibility into coverage status and staffing decisions.

CLIENT PORTAL

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 19 Hosted on AWS and powered by Salesforce, Inter-Con’s Client Portal provides City stakeholders with real-time access to staffing data, reporting dashboards, performance metrics, and compliance documents. Custom-built to client requirements, the Portal aggregates data from mobile reports, GPS tracking, employee surveys, and training logs. It operates under the highest security protocols and is supported 24/7 by Inter-Con’s IC Labs technical team.

INVOICING PLATFORM
Inter-Con’s invoicing platform is directly integrated with timekeeping and payroll systems to deliver secure, accurate, and transparent billing. Invoices include post location, officer name, rate, type of pay, hours worked, and date of service. Templates are 100% customizable to client requirements. Our system achieves over 99% billing accuracy and supports on-demand invoicing to ensure the City is only charged for services delivered.

PHASE 3: PROJECT MAINTENANCE
STEP 1 – TOTAL QUALITY MANAGEMENT
Inter-Con takes full responsibility for the quality and performance of all Standard and Temporary Additional Services we provide. Quality is through our Quality Control Plan (QCP), which integrates training, administrative protocols, supervisory oversight, and real-time communication ensuring consistent, high-quality service delivery. To monitor and continuously improve these efforts, we incorporate KPI measurement and performance tracking as foundational elements of the plan.

Underpinning our QAP is Inter-Con’s commitment to Total Quality Management (TQM), a company-wide approach that emphasizes continuous analysis and improvement. This philosophy ensures that our quality assurance efforts aren’t just reactive, but strategic. Our Data Analytics Team plays a key role in this effort, turning operational metrics into insights. Led by Account Manager, we work directly with the City to define performance expectations and meet them through ongoing refinement of the program.

ELEMENTS OF THE QUALITY CONTROL PLAN
Inter-Con’s Quality Control Plan (QCP) incorporates six distinct components that make up a continuous cycle of improvement through self-audit, illustrated in Figure

13. 1. TRAINING & EDUCATION
Quality Control begins by ensuring that all Public Safety Officers are fully trained in the duties and responsibilities of each post to which they are assigned. Inter-Con knows that proficiency in security is based largely on a combination of experience and a thorough training program designed to improve Public Safety Officers’ skills and knowledge. As such, we believe that intensive training at the individual and collective level forms the foundation of any successful security program.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 20

2. INSPECTION
Inter-Con conducts inspections at every post. Leadership analyzes reports, the quality of security services and documentation, and reviews feedback from City leadership.

Post inspections are used to observe actual performance and to conduct interviews to determine the extent of compliance with the quality metrics. Any noted defects are addressed and corrected as quickly as possible. Routine reviews involve direct observation of security personnel performing their duties, interacting with City staff or guests, and maintaining logbooks and documentation. These routine reviews ensure compliance with regulatory standards. Inspections may be either announced or unannounced, in-person or virtual, and occur at all posts, including supervisory, no less than once a week. Inter-Con’s Account Manager would establish a schedule to allow for random inspections during each shift throughout the period.

The measurement and tracking of Key Performance Indicators (KPIs) are critical to Inter-Con’s QCP and improvement efforts. These efforts serve as a source of recommendations and ideas for improvements in operations and as impetus for further training, testing, and review. Our quality control efforts are designed to mirror the operational and administrative requirements of the City contract, so that any negative trends or deficiencies are addressed and corrected in a timely manner.

On a regular basis, post inspections would be used to inspect:
• Responsibilities of all Public Safety Officers
• Uniform and grooming appearance of all Public Safety Officers • Maintenance of equipment and uniforms
• Attendance (sign-in and sign-out checks)
• Knowledge of applicable post orders
• Knowledge of and adherence to reporting requirements
• Knowledge of and adherence to the City equipment operating procedures • Possession of appropriate certifications, licenses, permits, and identification cards • Other elements of contract performance

3. TESTING & DRILLS
As part of our QCP and quality control efforts, Inter-Con places special emphasis on unannounced emergency reaction drills that mimic real-world conditions. These drills assess the understanding of duties, improve response effectiveness, and train personnel for possible contingencies. All emergency operational drills would be coordinated in advance with the City and local site management to avoid disruption or unnecessary confusion. Inter-Con regularly practices such drills and would provide detailed analyses to City leadership, if desired. With the approval and coordination of City site management, Inter-Con’s Account Manager, Training Team, or Supervisors periodically conduct alarm tests, emergency drills, and other exercises. The real-world drills cover a variety of situations that could occur at City facilities, and test results determine if additional training or changes in policies and procedures are necessary.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 21

4. EVALUATION
Evaluation and review processes are the cornerstones of an effective QCP.

Evaluations are conducted through roll calls, field and equipment inspections, and performance evaluations in the form of drills and tests. Reviews of QCP findings and contract policies and procedures confirm results as well as verify policy and procedure effectiveness.

5. REPORTING
Inter-Con personnel receive comprehensive instruction on how to maintain post logs, incident reports, and related records clearly, concisely, and in accordance with City’s standards. Officers are expected to treat all reporting requirements as formal extensions of their post duties.

In addition, Inter-Con’s reporting process involves each level of supervision and management in the review and response sequence. Key findings and after-action reports are reviewed by the City Account Manager, who then provides feedback and direction based on these findings and actions to all supervisory staff.

6. CORRECTIVE ACTION
Inter-Con’s QCP emphasizes timely corrective action and continuous improvement when deficiencies are identified. All inspection, drill, and test reports would include corrective action recommendations as needed. To ensure resolution, follow-up reports, developed by Supervisors and/or Managers, would document implementation and outcome.

Our Account Management Team oversees all corrective actions to ensure accountability and consistency across the program. In addition to staffing posts with trained professionals, Inter-Con ensures that each Officer receives clear direction, that communication channels remain open, and that performance is regularly monitored.

All corrective actions taken can be recorded and incorporated into monthly, quarterly, and annual progress reports provided to the City.

PERFORMANCE METRICS
We systematically collect the data necessary to consistently improve the effectiveness and efficiency of security operations, measuring such indicators as attendance, promptness, appearance, and record keeping. Results gathered through this process would be shared with the City and used by our Account Management Team and supervisory personnel to identify opportunities for program enhancement and manage all challenges or risks. Control Center personnel and facilities stakeholders can also use our KPI Dashboards to provide notification, transmitted in real-time, to our dedicated management and supervisory staff either by email or phone. This not only ensures that the City receives constant monitoring but also ensures consistency in contract compliance and mitigate operational risks.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 22 In addition to leveraging our KPI dashboards which are available in real-time, InterCon can generate monthly, quarterly, and annual status reports for the City that detail operational activity and key performance metrics. Our QCP supports continuous improvement by capturing data at the site and post levels and digitizing reports for timely analysis. Any discrepancies are flagged and addressed through a structured response plan. All findings and corrective actions are reported through the appropriate QCP chain of command to ensure transparency and accountability.

QUARTERLY BUSINESS REVIEWS
As part of our data-driven program management, Inter-Con tracks a range of operational, administrative, and financial metrics to promote transparency, accountability, and performance enhancement. These findings can be summarized and delivered to the City as part of recurring reporting and review discussions. Inter-Con’s Balanced Scorecard, developed in partnership with the City, would serve as the framework for performance measurement. The following categories represent typical components of our Quarterly Business Reviews (QBRs):

Figure 13: Proposed QBR/Reporting Metrics (to be customized with the City) Inter-Con’s Proposed QBR / Reporting Metrics
1 Staffing Plan
The status of the City’s program, including a current roster of all personnel working on the contract. We list all additions, deletions, and changes to positions, hours, and days of work that occurred during the previous reporting period. The plan shall reflect all positions identified by the contract as well as those supplied in direct support of the program, an analysis of the annual turnover rate of personnel assigned to the program, and a summary of recruiting efforts for the quarter.
2 Training
Statistics
List of key training statistics, including the number/type of training and the Officers that participated in the trainings.

Includes courses attended but not provided by Inter-Con instructional staff (i.e., City-provided training) and the number of personnel that participated, along with scores, etc. 3 Operational
Statistics
Written descriptions of Incident and Daily Activity Reports (DAR) written year-to-date and organized by major category.

A chart depicting major category events cumulative by month, quarter, and year-to-date would be provided. All special service requests for the reporting period given would be summarized.

Any Incident/DAR that demonstrates an Officer’s proficiency or deficiency in a specific skill or ability, particularly one covered in Inter-Con training or drills, would be highlighted and reviewed to assess the effectiveness of our training efforts.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 23 Inter-Con’s Proposed QBR / Reporting Metrics
4 Project
Management
While Inter-Con’s performance on the task order and its compliance with established KPIs serves as an important signal of Project Management success, we also want to take the opportunity to assess and comment on our Account
Management Team’s ability to proactively address potential issues before they arise to align Inter-Con’s day-to-day support efforts with the City’s strategic priorities (by site/facility). 5 Current/Future
Project Needs
A summary of current program needs, and a projection of future program needs as it pertains to the City’s supported activities and evolving needs (by site/facility).
6 Quality Control
Program Brief
A report depicting actions undertaken during the previous quarter to assure required proficiency and compliance with contract requirements, General and Post Orders, and other directives required.
7 Drills & Results
A matrix report reflecting the number of operational drills, type, date, and a comparison of expected response vs. real response times. Corrective actions, either recommended or already completed, would be identified.
8 Equipment
Inventory
A list of the number of vehicles, radios, post smartphones, tablets and/or laptops, and any other operational equipment required per post (i.e., flashlights, firearms, batons, etc.) provided to security personnel.
9 Property
Inventory
Identification of fixed posts and office equipment issued by the City or bearing the City’s property tag, including a description and location of the item (i.e, metal detectors, AEDs, vehicles, etc.).
10 Key Inventory
Identifies all keys issued to and controlled by Inter-Con personnel, including identifiers, make, and ID numbers of each key, and the location or areas the keys operate and are kept. The key inventory would also be separated by site, facility, and/or Post, as applicable.

STEP 2 – EMPLOYEE RETENTION
Inter-Con sees itself as having two customers: our clients and our employees. Based on our experience successfully supporting similar security programs, we fully appreciate that without an engaged workforce, we cannot deliver quality services.

While current labor market conditions have been challenging, Inter-Con remains nimble and has implemented a number of measures to retain our employees. These efforts have also created meaningful cost savings to our clients in the form of less overtime, training, equipment, administrative action, and more.

Inter-Con’s enhanced retention measures were designed based on insights gained from numerous employ surveys as well as from our experience serving similar programs

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 24 over the last several years. For the City, these measures would include, but not be limited to:
• People Operations Team – Our People Operations Team acts as a centralized resource to support our employees across the country, focusing on their well-being and building trust between them and our company. Our People Operations Specialists administer an anonymous hotline and encourage employees to freely communicate any issues they may encounter while on the job. • Competitive Compensation & Benefits – Inter-Con aims to build a security program that aligns with current market wages and benefits, offering full-time and eligible part-time employees best-in-class medical benefits, as well as exceptional dental, vision, 401k, and other benefits.
• Optimized Retention Bonuses – Inter-Con’s bonuses encourage our dedicated employees to stay on our security program for the City. While exact bonus amounts would be approved by the City, Inter-Con can pay bonuses to new Officers who successfully serve the account for their first 30, 90 days, and 180 days.

Similarly, personnel who continue to serve on the account would receive annual retention bonuses that increase based on the number of years they have been on the contract. This is not automatic and needs to be built into any program, check with pricing and remove if not applicable
• Personalized Scheduling – Inter-Con’s proprietary Shyftr Application utilizes an AI-driven scheduling system to enhance our ability to thoughtfully design and maintain schedules, in real-time, around the stated preferences of our employees.

This tool assists in limiting turnover at the City by allowing personnel to automatically sign up for additional shifts, provided they are qualified to work that post and the hours do not create overtime. In addition, the tool creates short lists of personnel who are qualified and willing to work specific shifts so that management can easily find coverage in the event of a scheduled absence. • Meaningful Career Development – Inter-Con is committed to providing meaningful career development opportunities for our Officers. We support longterm growth by establishing clear pathways for advancement and incorporating performance metrics that help employees understand how to progress within the organization. In addition, our Public Safety Officers have access to exclusive tuition discounts at select colleges and universities, empowering them to pursue educational goals and expand their career options
• Flexible Pay – Inter-Con would make it possible for our City employees to get paid on a daily basis through the DailyPay function of our IC Mobile App. This enhanced payroll flexibility allows our employees to better address any financial needs that may arise, which has shown to contribute to our measured improvements to overall employee satisfaction, retention, and performance rates. • More Consistent Performance Award Opportunities – With City approval, we can extend our Performance Awards Program. This program further displays the value and recognition we place on the accomplishments and tenure of our employees.

Each award would have a certificate and a cash award, providing not only professional incentive but also a monetary bonus.

City of South El Monte Public Works Department | RFP: Public Safety Services Approach to Scope of Services – 25 • Officer of the Month – Each month a message is sent to our field Officers inviting them to nominate fellow Officers based on adherence to our corporate values and exemplary behaviors. From the responses, our People Operations team randomly selects an Officer who has received multiple peer nominations. The chosen Officer is then vetted by their manager to ensure they are in good standing. Once approved, People Operations collects their information and a $250 bonus is deposited into their account through payroll. The nominated Officer is also recognized companywide for a job well done.
• Dedicated Support Platform – Inter-Con’s dedicated support platform, Bubo, facilitates interactive communication with our Security Force by responding to SMS inquiries, including OTP verifications for mobile app authentication. This platform is accessible only by our employees and is available 24/7 through SMS, and our mobile app. Bubo offers instant access to a comprehensive range of resources, including HR onboarding guides, policies, IT Security Awareness training materials, and client-specific post orders, ensuring our Officers have immediate access to information allowing them to perform their duties efficiently.

Using OpenAI API filters to restrict access to unrelated information, we can generate tailored responses for Officers assigned to specific clients. Future updates would include real-time data feeds, enabling supervisors and account managers to closely monitor clock-ins, post assignments, unbillable overtime, incidents, and patrol details.
• Employee Satisfaction Surveys - Administered by our industry-unique People Operations Team, our virtual wellness checks and employee satisfaction surveys generate an unrivaled level of positive employee engagement. At the end of each shift, employees are prompted to complete a short survey regarding their satisfaction with their shift and Supervisor. Employees who respond with a lower ranking receive a check-in call to see why their shift did not go well. This short survey empowers employees at each site and provides them with a voice as well as enhances morale.

City of South El Monte Public Works Department | RFP: Public Safety Services References– 26 References
City of Azusa
213 East Foothill Blvd., Azusa, CA 91702
Contact Name
Phone Number / Email
Tommy Avila
Captain
Operations Bureau
Azusa Police Department
(626) 812-3210
[email protected]
Location / State(s) CA
Serviced Since 2018
Current Contract Dates 12/2022– 09/2025
HPW 77
Type of Service Unarmed
Scope of Work Inter-Con Security Systems provides uniformed, unarmed security services for the City of Azusa across the Civic Center campus and designated off-site facilities. Locations include City Hall, the Azusa Library, Senior Center,
Veterans Freedom Park, Durrell House, Barnes House, the Police Department, and the Azusa Light and Water office building, as well as Memorial Park and Slauson Park (Pool) during seasonal or special events. Security personnel
maintain a consistent on-site presence, assist patrons and visitors with directions and information, and address
general behavioral violations such as public smoking,
drinking, or disturbances.

Additional responsibilities include reporting suspicious activity to the Azusa Police Department, assisting with deescalation and crowd control, and patrolling sidewalks, walkways, and high-traffic areas—particularly around the Library and Senior Center during business hours. Officers provide staff escorts upon request and assist with traffic control and parking during city events. Services are
adapted to activity levels and supported by surveillance tools and technology. Security operations are guided by site-specific post directives and reviewed quarterly with City department representatives to ensure continuous
service improvement.

In addition, Inter-Con Security Systems provides uniform parking enforcement services for the City of Azusa across the city of Azusa. Personnel conduct daily parking enforcement throughout the City, covering, street parking, preferential

City of South El Monte Public Works Department | RFP: Public Safety Services References– 27 parking permit districts and municipal and private parking facilities. Services include issuing parking citations for violations of City, State and Federal parking regulations, participating in community events and other parking enforcement programs.

Report broken signs and other observations.

City of Montebello
1600 West Beverly Blvd., Montebello, CA 90640
Contact Name
Phone Number / Email
Matthew Ramos
Assistant Director
1600 W Beverly Blvd., Montebello, CA 90640
(323)-887-1389
w: www.MontebelloCA.gov
e: [email protected]
Location / State(s) CA
Serviced Since 2022
Current Contract Dates 04/2022– 03/2027
HPW 110
Type of Service Unarmed
Scope of Work Since 2022, Inter-Con has been providing security and parking enforcement services for the City of Montebello.

Our team of experienced parking enforcement
professionals support this contract with management,
supervision, training, equipment, and administrative
support to ensure the successful operation of the required services for the City. Inter-Con’s Parking Enforcement
Team provides approximately 110 hours per week of
parking enforcement services, generating additional
revenue for the City.

City of Pasadena Parking Enforcement
221 East Walnut Street, Pasadena, CA 91101
Contact Name
Phone Number / Email
Jon Hamblen / Parking Manager, Department of
Transportation
(626) 744-7363 | [email protected]
Location / State(s) CA
Serviced Since 2002
Current Contract Dates 10/2015– 09/2025
HPW 755
Type of Service Unarmed
Scope of Work Inter-Con has proudly served as the City of Pasadena’s Parking Enforcement partner for two decades. Inter-Con
provides 100% of all required personnel, management,

City of South El Monte Public Works Department | RFP: Public Safety Services References– 28 City of Pasadena Parking Enforcement
221 East Walnut Street, Pasadena, CA 91101
supervision, training, equipment, and administrative
support for this contract. While Inter-Con's Parking
Enforcement operations run City-wide, much of what we
do for the City centers around Colorado Blvd. and the Rose Parade route, providing us and our personnel with an
unmatched knowledge of the local operating environment
and community. Additionally, our work on this contract
often includes supporting the City’s special events through parking enforcement and enhancing public safety in
coordination with the Pasadena Police. Inter-Con team of 19 Security Officers who actively support this contract and provide 755 Hours per week. Throughout the entirety of
this project’s lifecycle, we have maintained full adherence to its schedule and budget. Inter-Con has never
experienced an issue adhering to the schedule or budget for the City of Pasadena Parking Enforcement contract.

Our tenure as the City’s trusted Parking Enforcement
partner has also resulted in the creation of long-standing, constructive relationships with City authorities and
agencies responsible for the Rose Parade, such as the
Pasadena Police Department and Department of
Transportation. In an endeavor as complex as the Rose
Parade, the City requires a trusted partner who can
communicate effectively and execute complex staffing,
training, and operational tasks efficiently. As our
performance on this contract demonstrates, only Inter-Con has the experience, expertise, and relationships to do this.

City of South El Monte Public Works Department | RFP: Public Safety Services - Claims History – 29 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):

We confirm that none of the circumstances outlined apply to our firm or any subconsultants. Neither our company nor our sub-consultants have been subject to disqualification, forfeiture, termination, debarment, litigation, conviction, or disciplinary actions as described.

City of South El Monte Public Works Department | RFP: Public Safety Services Exceptions – 30 Exceptions

“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 fiftytwenty five percent (250%) 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."

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 compensateing Consultant for any work performed where Consultant defaulted after the date of default. Instead, the City may give notice to Consultant of the default and the reasons
for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all amounts for work where Contractor defaultedinvoices and shall, when the default is cured, proceed with payment for said amountson 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."

“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 as a result of the Consultant's negligent acts, omissions or willful misconduct, and (ii) all amounts for which City are may be liable to third parties, by reason of Consultant’s negligent 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 related to Contractor's negligent acts omissions or willful misconduct, 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

City of South El Monte Public Works Department | RFP: Public Safety Services Exceptions – 31 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." Page C-1, Exhibit C
"I. Consultant shall perform the following tasks at the following rates:

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

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

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

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

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

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

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

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

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

VII. At the time of any renewal or extension of the Agreement, the Parties agree to adjust the contract prices to accommodate any change in the applicable minimum wage laws or ordinances that increase the pay rate and/or benefits that must be provided to the security officers performing the security services, or any change in the U.S. Department of Labor Consumer Price Index, All Items, Unadjusted, Urban Areas (“CPI-U”) for the 12 months of statistics available at the time of the anniversary of the agreement."

City of South El Monte Public Works Department | RFP: Public Safety Services Price Proposal – 32 Price Proposal

PRICING ASSUMPTIONS
Please note that our pricing is based on various assumptions that we have outlined in the sections below. To the extent that the assumptions we have outlined are incorrect or need to be modified, we will work with the City of South El Monte (the “City”) to refine our pricing to reflect the correct information. These assumptions include:

MODIFICATIONS
Our rates are good for the first year of the program. Thereafter, Inter-Con will propose rate modifications to adjust for any changes to the local metropolitan area Consumer Price Index for Urban Consumers (CPI-U), as provided by the Bureau of Labor Statistics (BLS). Should any additional costs arise such as changes to Federal, State, or local taxes; Federal, state or local minimum wage rates that exert severe compression against our wage rates; or Federal, state or local changes to regulations that affect overtime, paid time off, medical benefits, sick leave, etc., then Inter-Con will work with the City to develop an agreeable rate solution so that such unexpected and unknowable costs can be covered.

REST AND MEAL BREAKS
Please note that Inter-Con has not priced in the cost of an additional, dedicated breaker force to relieve personnel. Personnel will be self-relieving. Our assumption is that all personnel will be allowed to take paid rest breaks and unpaid meal breaks in accordance with local law. Paid rest breaks will be considered billable time. Unpaid meal breaks will be unbillable time unless relieved by another officer or supervisor.

PROPOSED RATES
Our Year 1 proposed bill rates are provided in the table below. Please note that the rates contained herein are for hourly labor costs only and do not consider any additional costs beyond those detailed in our “Other Cost Assumptions” section at the bottom of this proposal. Any such additional costs that arise will be billed as a direct passthrough on our invoice. Alternatively, once such costs are known to us, we can modify our rate(s) accordingly.

Position Regular
Bill Rate
Overtime /
Holiday
Bill Rate
Public Safety Officer $38.22 $57.33

ESTIMATED ANNUAL BUDGET
In the table below, we provide the estimated annual budget using 160 HPW. Please note that the City indicated a desire for 10-hour shifts, but we want to highlight that this would introduce billable overtime due to California’s daily overtime law. Our budget is based on a standard 8- hour schedule to minimize cost. We can work with the City to redefine this schedule if a different shift schedule is desired. We have included our Overtime Bill rate for reference.

City of South El Monte Public Works Department | RFP: Public Safety Services Price Proposal – 33 *The annual estimate excludes potential holiday premiums. Hours worked on recognized holidays are billed at 1.5x the standard rate. Because holiday staffing depends on the City’s schedule and some posts may close, these costs are uncertain. If all posts were staffed on every holiday, the total would increase by about $4,524, though the actual impact may be lower.
• We understand vehicles & radios will be provided by the City. If requested, InterCon can supply this equipment and will quote such costs at the time of request. • Forty (40) hours of sick leave are provided to every full-time employee annually, in accordance with California’s sick leave law.
• All employees who work on a holiday (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day) will be paid at

1.5x the regular pay rate and billed at 1.5x the regular bill rate. • Training will consist of 16 hours of pre-assignment and 8 hours of refresher training. If any additional training is required, such training hours shall be billed at the regular bill rate.
• All Officers will undergo a background check and drug testing prior to employment, which is fully covered in our rate.

Position Quantity Total
HPW
Regular
Bill Rate
Overtime
Bill Rate
Weekly
Cost Annual Cost*
Public Safety Officer 4 160 $38.22 $57.33 $6,115.20 $317,990.40

ATTACHMENT F
01257.0001/867754.3
DRAFT

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
INTER-CON SECURITY SYSTEMS, INC.

ATTACHMENT F
01257.0001/867754.3 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
INTER-CON SECURITY SERVICES, INC.

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 INTER-CON SECURITY SERVICES, INC. (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain Request for Proposals of City entitled “____________________________” (hereinafter, “City RFP”) and the written proposal of Consultant entitled “____________________________” (hereinafter, the “Consultant Proposal”).

The Scope of Services is attached hereto as Exhibit “A” and the City RFP and the Consultant Proposal are attached and incorporated hereto as Exhibit “B”. The term “Scope of Services” shall be a collective reference to the City RFP and the Consultant Proposal. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP and the provisions of the document entitled Consultant Proposal, the requirements of the document entitled City RFP 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

01257.0001/867754.3 2
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.

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 first-class firms performing similar work under similar circumstances.

1.2 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 in which service is rendered.

1.3 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

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 the manner in which 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 involves work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions thereupon existing, prior to the commencement of services hereunder. Should the Consultant discover any latent or unknown

01257.0001/867754.3 3
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 City’s 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, 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.

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 services 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 of this Agreement or make changes including, altering, adding to, or deducting from said Scope of Services. No such extra work may be undertaken unless a written order is first given by the City’s Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services of this Agreement. 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 “D” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “D” and any other provisions of this Agreement, the provisions of Exhibit “D” shall govern.

01257.0001/867754.3 4
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 Two Hundred Sixty-Seven Thousand Two Hundred Thirty Four Dollars and Twenty-Four Cents ($267,234.24) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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 City’s 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.

Consultant acknowledges and agrees that coordination of its performance of work with City is a critical component of the services rendered. Consultant further acknowledges and agrees that 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 the City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed

01257.0001/867754.3 5
invoice; however, Consultant acknowledges and agrees that due to the City’s “warrant run procedures,” the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

2.6 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.

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 “E” 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 City’s Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of

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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) one 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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Enrique Hernandez III President and Chief Executive Officer (Name) (Title)
John H. Campbell Senior Vice President
(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 promptly 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.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no decision-making authority in regards to the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing of their numbers, 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 said 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,

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the assertion that Consultant or any of Consultant’s personnel used to provide the services under this Agreement are other than independent contractors of the City.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, and $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, nonowned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional Liability Insurance (Errors & Omissions). Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

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(d) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance in the minimum amount of $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 as detailed 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 the City’s Risk Manager prior to the commencement of the performance of services of this Agreement. 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, from Consultant, 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 performed hereunder by Consultant, its agents, representatives, employees, or subconsultants. (c) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s Rights of Enforcement. In the event any insurance policy 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 either be promptly reimbursed by Consultant or the City will withhold payment amounts sufficient to pay the insurance premium from Consultant payments. In the alternative, the City may terminate this Agreement in its entirety.
(e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of “Best’s Key Rating Guide,” unless otherwise approved by the City’s Risk Manager.

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(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of Contract Provisions (Non-Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day advance notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved 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 a 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

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of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be timely submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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;

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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 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 requires. 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

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materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(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, City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, requests for documents, interrogatories, requests for admission or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. 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, City’s right to review does not imply or provide City with the right to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

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

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default 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 obligations 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

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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 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 the sum of $_________ (___________________________ Dollars) as 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.

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7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided for 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 for 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.

7.10 Attorneys’ Fees.

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

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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City’s 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 their financial interest or the financial interest of any corporation, partnership, or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

01257.0001/867754.3 18
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.

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.

01257.0001/867754.3 19

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 and/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 acknowledges 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]

01257.0001/867754.3 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation

Rene Salas, City Manager
ATTEST:

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

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP

Susie Altamirano, City Attorney
CONSULTANT:
___________________________________
By:

Name:

Title:

By:

Name:

Title:

Address:

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

01257.0001/867754.3 A-1
EXHIBIT “A”

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

A.

B.

C.

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

A.

B.

C.

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

A.

B.

C.

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

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

A.

B.

C.

01257.0001/867754.3 B-1
EXHIBIT “B”

CITY RFP & CONSULTANT PROPOSAL

01257.0001/867754.3 C-1
EXHIBIT “C”

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

RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

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

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

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

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

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

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

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

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

01257.0001/867754.3 D-1
EXHIBIT “D”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

01257.0001/867754.3 D-2

01257.0001/867754.3 D-3
EXHIBIT “E”

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

Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A.

B.

C.

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

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

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.
25-097 AUTHORIZING THE CITY MANAGER TO ENTER INTO

A MARKETING AGREEMENT BETWEEN THE CITY OF

SOUTH EL MONTE AND NATIONAL LEAGUE OF CITIES
(NLC) PROGRAM OFFERED BY UTILITY SERVICE
PARTNERS – A HOMESERVE COMPANY, FOR THEIR

WATER AND SEWER SERVICE LINE PROGRAM
SUMMARY: On October 7th, 2025, National League of Cities (NLC) made a presentation to City Council regarding a water and sewer line service program for the residents of South El Monte. NLC will provide service management for the program, and will need City approval to distribute marketing materials to the community. NLC has provided a marketing agreement for approval by the City of South El Monte.

RECOMMENDED ACTION: Staff recommends the City adopt Resolution 25-097, authorizing the City to enter into a marketing agreement with NLC.

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

DISCUSSION: The NLC Service Line Program will utilize the City logo to brand materials used to inform residents about repair service plans. Program marketing literature clearly discloses that the Program and the City are separate entities and that the program is voluntary for customers. The NLC Service Line Warranty Program will create all marketing materials with input from the City and will submit all marketing/communications materials to the City for final approval.

ATTACHMENT(S):

A. Resolution No. 25-097
B. NLC Marketing Agreement - City of South El Monte

ATTACHMENT A
RESOLUTION NO. 25-097

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL APPROVING A MARKETING AGREEMENT

BETWEEN THE CITY OF SOUTH EL MONTE AND

NATIONAL LEAGUE OF CITIES (NLC) PROGRAM

OFFERED BY UTILITY SERVICE PARTNERS PRIVATE
LABEL, INC. – A HOMESERVE COMPANY, FOR THEIR

WATER AND SEWER SERVICE LINE PROGRAM
WHEREAS, on October 7th, 2025, National League of Cities (NLC) made a presentation to City Council regarding a water and sewer line service program for the residents of South El Monte.; and
WHEREAS, the City has determined that a marketing agreement with the Utility Service Partners Private Label, Inc. d/b/a/ SLWA Insurance Services, a Delaware Corporation, is necessary to provide water and sewer service line programs; and
WHEREAS, The NLC Service Line Warranty Program will utilize the City logo to brand materials used to inform residents about repair service plans. Program marketing literature clearly discloses that the Program and the City are separate entities and that the program is voluntary for customers; and
WHEREAS, The NLC Service Line Warranty Program will create all marketing materials with input from the City and will submit all marketing/communications materials to the City for final approval; and
WHEREAS, there is no fiscal impact to the City for this marketing agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE 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 authorizes and directs the City Manager to take all actions necessary to execute and effectuate the Agreement in substantially the form attached as Attachment B to the November 4th, 2025, staff report.

SECTION 3. The City Clerk shall certify 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. 25-097, 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

1 MARKETING AGREEMENT
This MARKETING AGREEMENT (“Agreement”) is entered into and made effective as of __________, (“Effective Date”), by and between the City of South El Monte, California (“City”), and Utility Service Partners Private Label, Inc. d/b/a SLWA Insurance Services, a Delaware corporation (“SLWA,” and together with City, the “Parties,” and each, a “Party”).

WHEREAS, individual residential property owners (“Customer(s)”) residing in the City own and are responsible for sewer and water lines between the mainlines and the connection on their property; WHEREAS, City desires to announce to Customers the opportunity, but not the obligation, to purchase plans as set forth in Exhibit A or as otherwise mutually agreed by the Parties in writing (including by email) (“Plan(s)”) to repair such lines; and
WHEREAS, SLWA is a subsidiary of HomeServe USA Corp. (“HomeServe”).

NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows:

1. Purpose. City grants to SLWA the right to offer and market service Plans subject to the terms and conditions of this Agreement.

2. Obligations of the Parties.

A. Mutual Grant of License. City grants to SLWA a non-exclusive license (“License”) to use the designated names, symbols, trademarks, service marks, logotypes, trade names and insignias (“Marks”) owned by City or its Affiliates (defined below), which may include the use of City’s logo and name in advertising (including on SLWA’s websites or social media sites), in signature lines, and in marketing materials to be sent to Customers, all at SLWA’s sole cost and subject to City’s prior review and approval, which will not be unreasonably conditioned, delayed, denied, or withheld. SLWA grants to City a License to use SLWA’s Marks which shall be limited to the use of SLWA’s logo and name in advertising (including on City’s websites or social media sites), in all cases subject to SLWA’s prior review and approval, which will not be unreasonably conditioned, delayed, denied, or withheld. Each Party’s use of the other Party’s Marks in accordance with this Agreement will not infringe any other party's rights. In the event that City extends a similar license to a competitor of SLWA during the Term, City shall provide thirty (30) days’ written notice prior to such grant of license and SLWA may immediately terminate this Agreement.

B. Data.
i. If City elects to do so, City may provide SLWA with “zip code” data for Customers in an agreed-upon format. If City further elects to do so, City may also provide a list of the name, service address, postal address (if different), residential telephone number, and, if available, email address of Customers and any other appropriate or necessary data (“Customer Data”) to SLWA, or to a third party if and as directed by SLWA in writing, for use by SLWA in furtherance of the marketing and sale of the Plans. If provided by City, Customer Data will be provided to SLWA quarterly or more frequently during the Term and in a mutually agreed electronic format. If provided by City to SLWA, Customer Data shall remain City’s property and Confidential Information (defined below), and SLWA will only use Customer Data as permitted by this Agreement. If Customer Data is provided by City to SLWA, City warrants, represents, and covenants that Customer Data has been and will be collected in compliance with all Applicable Laws, and that it is permitted by Applicable Laws and by any applicable privacy policy to provide Customer Data to SLWA and to permit SLWA to use Customer Data for the purposes set forth in or contemplated by this Agreement. SLWA may obtain Customer Data from a third-party in furtherance of the marketing and sale of the Plans. In the event SLWA obtains Customer Data from a third-party, it shall become and remain SLWA’s property and Confidential Information. “Member” means those Customers that purchase and are successfully enrolled in a Plan by SLWA. Each Member’s name, address, phone number, email address and any other information that SLWA collects from a Member, is SLWA’s property and Confidential Information.

2 ii. Data Processing Addendum. In the event that City provides Customer Data to SLWA, the Parties shall abide by all of the requirements and obligations set forth in that certain Data Processing Addendum, which can be accessed and viewed at: https://www.homeserve.com/sc/legal/HomeServeDataPrivacyAddendum (the “DPA”), which is incorporated herein by reference, and which may be modified by SLWA to maintain compliance with all Data Protection Laws (as defined in the DPA). In the event of any inconsistency between the provisions in this Agreement and those contained in the DPA, the DPA shall control.

3. Term; Termination. The term of this Agreement shall be for the number of years in Exhibit A commencing with the Effective Date (“Initial Term”). The Agreement will automatically renew for additional one (1) year terms, unless one of the Parties gives the other written notice at least ninety (90) days prior to the end of the then current term (each a “Renewal Term” and collectively with the Initial Term, the “Term”) that the Party does not intend to renew this Agreement. In the event that a Party is in material breach of this Agreement, the non-breaching Party may terminate this Agreement thirty (30) days after giving written notice to the breaching Party of such breach, (i) if said breach is not cured during said thirty (30) day period, or, (ii) if such breach is incapable of being cured in such period, the breaching Party has failed to take during such period substantive steps to cure such breach. Beginning twelve (12) months after the Effective Date, either Party may terminate this Agreement without cause upon sixty (60) days’ prior written notice to the other Party. SLWA will, to the extent permissible under Applicable Laws, be permitted to complete any marketing initiative approved by City prior to termination of this Agreement.

4. Applicable Laws. Each Party shall comply at all times with all applicable laws, statutes, treaties, rules, codes, ordinances, regulations, permits, official guidelines, judgements, orders and interpretations, as well as licensing or registration requirements (“Applicable Laws”) with respect to its obligations under this Agreement. For any Customer Data provided by City to SLWA, City warrants, represents and covenants that Customer Data has been and will be collected in compliance with all Applicable Laws. City is permitted by Applicable Laws and privacy policies to provide Customer Data to SLWA and to permit SLWA to use such data as contemplated by this Agreement.

6. Confidentiality. “Confidential Information” of a Party means any non-public, proprietary, or confidential information, whether or not it constitutes a trade secret under Applicable Laws, and any other information that a reasonable person would expect to be confidential. Each Party will treat Confidential Information received from the other Party as confidential, and such Party shall not disclose or use such information in a manner contrary to the purposes of this Agreement.

Notwithstanding the foregoing, a Party shall not be liable to the other Party for any disclosure of Confidential Information that is required under any Applicable Laws, applicable public records act or under court order. To the extent legally permissible, a Party shall provide written notice to the other Party prior to any such disclosure.

7. Ruling and/or Code Change; Coverage Changes. In the event that: (i) a change or proposed change in Applicable Laws, or municipal or similar codes; or (ii) an interpretation, policy, ruling, or order by any court, tribunal, arbitrator, regulatory agency, commission, including a public service commission or similar body of the state or commonwealth where City is located, or other instrumentality of the United States, or any state, county, city, or other political subdivision; negatively or potentially negatively impacts the terms of this Agreement or the obligations of the Parties set forth in this Agreement, the Parties shall negotiate in good faith to modify the terms of this Agreement accordingly. Should the Parties be unable to reach a mutual agreement to revise this Agreement, then either Party may terminate this Agreement on thirty (30) days’ written notice to the other Party. Notwithstanding the above, the coverages under the Plans are subject to change by SLWA due to changes required by Applicable Laws or the service agreements for the Plans.

8. Independent Contractor Status. The obligations performed by each Party in this Agreement shall be executed as an independent contractor. SLWA shall have responsibility for and control over the details and means for providing the Plans under this Agreement. Neither Party nor any of its directors, managers, members, officers, employees, contractors, subcontractors, and agents, and in the case of City, also its elected officials (“Representatives”) shall be considered an employee, representative, agent or subcontractor of the other Party or its Representatives.

9. Indemnification. Each Party (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold the other Party and its Representatives (collectively or individually, “Indemnitee”) harmless from and against any and all third party claims, damages, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorneys' fees and court costs (“Claim(s)”), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an

3 Indemnitee, as a result of or arising out of any breach of this Agreement by the Indemnifying Party, or any negligent or fraudulent act, intentional misconduct, or omission of the Indemnifying Party or its Representatives in the performance of this Agreement; provided that the applicable Indemnitee notifies the Indemnifying Party of any such Claim within a time that does not prejudice the ability of the Indemnifying Party to defend against such Claim. Any Indemnitee under this Agreement may participate in its own defense, but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation.

10. Anti-Bribery and Corruption.

A. Each Party warrants to the other that:
i. it has not offered, promised, given, accepted, or agreed to give or accept, and shall not during the Term offer, promise, give, accept, or agree to give to or accept from any person any bribe on behalf of the other Party or otherwise with the object of obtaining a business advantage for the other Party or otherwise; ii. it will not engage in any activity or practice which would constitute an offense under any applicable anti-bribery and corruption laws, including but not limited to the United States Foreign Corrupt Practices Act of 1977, the United Kingdom’s Bribery Act 2010 and Canada’s Corruption of Foreign Public Officials Act, and it will notify the other Party as soon as practicable of any offense of the foregoing acts in connection with this Agreement, or any breach of the undertakings contained in this section of which it becomes aware; iii. it has in place, and during the Term will maintain, its own policies, procedures, and internal controls, including accounting procedures to record expenditures in connection with this Agreement, necessary to ensure compliance with any applicable anti-bribery and corruption laws;
iv. it will ensure that any person who performs or has performed services for or on its behalf (“Associated Person”) complies with this section, it will not enter into an agreement with any Associated Person in connection with this Agreement unless such agreement contains terms substantially similar to those contained in this section, and it shall be responsible for any breach of such terms, or these terms, by any Associated Person that is a subcontractor of the Party hereunder;
v. from time to time during the Term, at the reasonable request of the other Party, it will confirm in writing that it has complied with the terms of this section and will provide any information reasonably requested by the other Party to demonstrate such compliance; and
vi. in the case of City, it will abide by the “Reporting Hotline” section of SLWA’s Business Partner Code of Conduct (described in “Business Partner Code of Conduct” section) to report to SLWA any request or demand for any improper payments or other improper advantage of any kind in connection with the performance of this Agreement.

11. Records; Audit. Each Party shall, at all times during the Term and for a period of seven (7) years after the termination or expiration of this Agreement, maintain complete and accurate records, together with supporting or underlying documents and materials, kept and maintained by such Party or its Representatives to substantiate such Party’s compliance with its obligations and responsibilities under this Agreement. Up to once per year of the Term, each Party shall have the right, upon at least ten (10) days’ prior written notice and during normal business hours, at its sole cost and expense, to audit and inspect, on its own or through a Representative, the other Party’s records for the purpose of confirming such other Party’s compliance with the terms of this Agreement.

12. Notice. Any notice required to be given under this Agreement shall be deemed to have been received when delivered (i) by personal service, (ii) by electronic mail with confirmation of delivery and receipt (provided a hard copy is sent promptly by regular mail), or (iii) by registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows.

4 To: City:

City of South El Monte
1415 Santa Anita Ave
South El Monte, CA 91733
Attention: Rene Salas
email: [email protected]
To: SLWA:

Utility Service Partners Private Label, Inc.
d/b/a SLWA Insurance Services
45 Glover Ave., 6th Fl.

Norwalk, CT 06850
Attention: Michael Backus, Chief Revenue Officer
email: [email protected]

With a copy to:

Legal Department
email: [email protected]

13. Entire Agreement; No Third-Party Beneficiaries; Severability. The Parties acknowledge that no representations, agreements, or promises were made by the other Party or by any of its Representatives other than those specifically contained in this Agreement. This Agreement, including the recitals as well as any attachments or exhibits, constitutes the entire agreement of the Parties with respect to the matters contemplated in this Agreement, and supersedes any prior agreement or understanding with respect to them. The Parties agree that this Agreement was entered into solely for the respective benefit of each of them and their respective successors and assigns, and nothing in this Agreement is intended to create any thirdparty beneficiaries. This Agreement may be amended or modified only by a written instrument executed by an authorized representative of each of the Parties. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Subject to Applicable Laws, the invalidity or unenforceability of a specific provision in the Agreement shall not render any other provision(s) invalid, inoperative, or unenforceable.

14. Assignment. Neither Party may assign or transfer any of its rights under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably delayed, withheld, conditioned, or denied, except to an affiliate of the assigning Party or an acquirer of all or substantially all of the assets of the assigning Party. Any purported assignment or delegation in violation of this section shall be null and void. No assignment or transfer of this Agreement shall relieve the assigning Party of any of its obligations under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the Parties as well as their respective successors or permitted assigns. For purposes of this Agreement, “Affiliate(s)” means any person or entity directly or indirectly controlling, controlled by, or under common control with a Party. In the case of SLWA, this shall mean its parent, HomeServe, and its direct and indirect subsidiaries.

15. Counterparts; Electronic Delivery. This Agreement may be executed in counterparts delivered by email, DocuSign, or other electronic transmission; such counterparts will be deemed originals and binding upon the Parties upon receipt, regardless of whether originals are delivered thereafter. All such counterparts will constitute one and the same contract, and the signature of any Party to any counterpart will be deemed a signature to any other counterpart.

16. Governing Law; Venue; Waiver of Jury Trial. The Parties shall comply with all Applicable Laws with respect to their respective obligations under this Agreement. This Agreement is governed by and shall be construed in accordance with the laws of California, without regard to the choice of law principles of the forum state. Any action at law, suit in equity, or other proceeding against any Party with respect to this Agreement or in connection with any of the matters contemplated by this Agreement shall be brought and maintained exclusively in the state or federal courts located in California, as applicable. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE

5 ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT.

17. Business Partner Code of Conduct. SLWA and City are committed to conducting their business activities with the highest standards of honesty and integrity. City acknowledges that it has received and reviewed SLWA’s Business Partner Code of Conduct (available at https://www.homeserve.com/sc/cobc) as updated from time to time, and City agrees to abide by SLWA’s Business Partner Code of Conduct as a material condition of this Agreement. Should City suspect or become aware of any actual or suspected violation of SLWA’s Business Partner Code of Conduct, City shall promptly notify SLWA or its anonymous ethics hotline (see SLWA’s Business Partner Code of Conduct) IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CITY OF SOUTH EL MONTE UTILITY SERVICE PARTNERS
PRIVATE LABEL, INC.

D/B/A SLWA INSURANCE

SERVICES
By: ____________________________ By: ____________________________ Name: __________________________ Name: Michael Backus
Title: ___________________________ Title: Chief Revenue Officer

Exhibit A
Marketing Agreement
City of South El Monte
Term Sheet
I. Initial Term. Three (3) Years, with the option for Renewal Term(s).

II. License Conditions. Use of City’s Marks in accordance with Section 2.A of the Agreement.

IV. Plans; Plan Fees; Scope of Coverage. The summary of coverage is accurate as of the Effective Date. SLWA will offer the following rates to Customers:

A. Exterior water service line plan (initially, $ 5.49 per month) i. Covers Customers’ responsibility: From the meter and/or curb box to the main shut-off valve inside the home.
ii. Covers well service lines if applicable: From the external wall of Customers’ well casing to the external foundation wall of the home.
iii. Coverage Cap: Unlimited number of calls/$8,500 per call/unlimited annual maximum.

B. Exterior sewer/septic line plan (initially, $ 9.49 per month) i. Covers Customers’ responsibility: From the external wall of the home to the sewer main. ii. Covers septic lines if applicable: From the external foundation wall of the home to the point of connection to the septic tank.
iii. Coverage Cap: Unlimited number of calls/$8,500 per call/unlimited annual maximum.

C. Interior plumbing and drainage plan (initially, $ 18.49 per month) i. Covers repair or replacement of the following inside the home, for which the Customers have sole responsibility, that is damaged due to normal wear and tear:
a. The blocked or leaking interior water supply and drainage system pipes that carry fresh or drinkable water and wastewater.
ii. Coverage Cap: Unlimited number of calls/$3,000 per call/unlimited annual maximum.

Pricing above does not include taxes which will be collected by SLWA as well. SLWA may adjust the Plan fees; provided, that, any such adjustment shall not exceed one dollar ($1.00) per month per Plan in any twelve (12) month period. If such adjustment shall exceed one dollar ($1.00), both Parties must agree in writing.

V. Marketing Campaigns. SLWA shall have the right to conduct up to three (3) campaigns per year through such channels as may be mutually agreed by the Parties.

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF THE FLAGS OF

VALOR FUND MANAGEMENT PLAN AND VETERAN

SUPPORT APPLICATION PROCESS
SUMMARY: Flags of Valor is a meaningful tribute presented by the City of South El Monte to honor our nation's military heroes. This program raises vital funds to support local veterans in our community. City staff has reviewed potential options for managing the funds generated through the Flags of Valor program and is recommending that the City of South El Monte oversee the funds directly to ensure transparency, accountability, and alignment with community priorities.

RECOMMENDED ACTION: Staff recommends City Council discuss and approve the following:

1. The proposed Flags of Valor Fund Management Plan, with the City of South El Monte serving as the administrator of funds raised through the program; and

2. Approve the proposed Veteran Support Application and selection process to guide the fair and transparent distribution of funds to local veterans in need.

FISCAL/FINANCIAL IMPACT: No fiscal impact based on the assumptions below:

1. City staff time and equipment used for this program is minimal and will be absorbed by the Community Services Department.

2. 100% of the donations raised are used to support veterans.

DISCUSSION: At the September 2, 2025, City Council meeting, council directed staff to manage the Flags of Valor funds internally. As a result, staff proposes the Flags of Valor Fund Management Plan which establishes a clear framework for how funds will be collected, managed, and distributed. The plan ensures accountability and equitable access to assistance while maximizing the program's local impact. The key components of this plan are as follows:

• The City will retain and manage all funds generated through the Flags of Valor program.
• Eligible uses include temporary emergency housing, food assistance, transportation, and family support.
• Funds will be distributed through an application and review process administered by the Community Services Department.
• Staff will provide quarterly updated to the Patriotic Commission and an annual impact summary at the next year's Flags of Valor event.

To ensure a fair and transparent process, the City will implement a Flags of Valor Veteran Support Application. The process includes the following:

1. Eligibility - Applicants must be veterans residing in South El Monte or immediate family members of veterans.

2. Application submission - Veterans may apply in person, providing proof of service and South El Monte residency.

3. Review Process - A review committee consisting of Community Services staff will evaluate requests based on urgency, eligibility, and available funds.

4. Approval and Distribution - Approved requests will be processed through the Community Services Department, with assistance provided in the form of direct payments, vouchers, or resources.

5. Reporting - Staff will maintain detailed records of all disbursements and outcomes to ensure accountability.

By adopting the proposed management plan and application process, the City of South El Monte will strengthen its commitment to supporting local veterans while maintaining transparency and community trust in how Flags of Valor funds are utilized.

Staff report prepared by Nancy Rodriguez, Community Services Analyst.

ATTACHMENT(S):

A. Attachment A - Flags of Valor Veteran Support Application

ATTACHMENT A

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPROVAL OF PROPOSED DARK CITY COUNCIL MEETING

DATES AND CLOSURE OF CITY HALL FOR HOLIDAYS
SUMMARY: Each year staff requests City Council consider “going dark” on the second Tuesday in November and December due to the Thanksgiving and Christmas holidays.

Staff also requests going dark the first meeting in January on January 6, 2026.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve going dark on Tuesday, November 18, 2025, Tuesday, December 16, 2025, and Tuesday, January 6, 2026, due to the Thanksgiving, Christmas and New Year holidays; and

2. Authorize a City Hall closure during the Christmas holiday, from December 22, 2025, through January 1, 2026. City Hall reopens January 5, 2026.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION:

The City Council traditionally takes a recess and does not hold a second meeting during the months of November and December. For this year, staff recommends that the City Council also go dark for the first meeting in January, scheduled for January 6, 2026. If necessary, a special meeting may be called during this period.

In addition, staff recommends a City Hall closure from Monday, December 22, 2025, through Thursday, January 1, 2026. City Hall would reopen on Monday, January 5, 2026.

During the closure, employees will use up to six (6) days of personal leave or may opt to work at City Hall during the closure.

ATTACHMENT(S):

None

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: LETTER FROM SOUTH EL MONTE VETERANS SENIOR

BASEBALL TEAM REQUESTING A FACILITY WAIVER FOR
THE USE OF THE BASEBALL FIELD AT DEAN L. SHIVELY
PARK
SUMMARY: The South El Monte Veterans Senior Baseball ("SEM Veterans") team is requesting a facility fee waiver for the use of Dean L. Shively ("Shively") Park to host their 2026 baseball season's games.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider the facility waiver requested by SEM Veterans in the amount of $6,000.00.

FISCAL/FINANCIAL IMPACT: If approved, in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $6,000.00. The SEM Veterans will be responsible for all remaining costs including, but not limited to, insurance coverage and refundable damage deposits.

Please see Attachment C - SEM Veterans Reservation Fee Details, summarizing the cost associated with the reservation.

DISCUSSION: The non-profit organization is composed of a team player roster of 90% South El Monte residents who volunteer and are dedicated to promoting health and community engagement among the senior population. SEM Veterans are requesting a fee waiver in the amount of $6,000.00 for the use of Shively Park field to host their 2026 baseball season on Saturdays beginning March 7, 2026, to August 29, 2026, from 8:00 a.m. - 1:00 p.m.

ATTACHMENT(S):

A. SEM Veterans Fee Waiver Request
B. SEM Veterans Facility Reservation Application
C. SEM Veterans Reservation Fee Details 2026

Last update 7/11/18 Page 1 of 5
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.cityofsouthelmonte.org

RECREATION SERVICES FACILITY & PARK

RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II Shively and New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
___________ Field
____________ Picnic Area
Date of Event: _______________ Day(s): ___________________ Estimated Attendance: ____________ Purpose of Event/Function: _________________________________________________________________________________ Reservation Time: ________ to ________ Set up Time: ________ to ________ Kitchen Hours: ________ to ________ Clean up Time: ________ to ________ Will the event be open to the public? ________
Will there be entertainment? ________ If yes, what type? ______________________________________ Will food be served? ________ If yes, name of caterer? _________________________________ Will alcohol be served? ________
Portable Stage needed? ________
Applicant shall indemnify, defend, and hold harmless the City of South El Monte, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and/or use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of South El Monte, its officers, employees, or agents. Applicant agrees to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.

I am an authorized agent of the organization/business submitting this application. The information provided in this application is true and correct. I have read and understand this application and agree to all of the facility rules, regulations, and conditions of use.

Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________

APPLICANT INFORMATION
Name: Organization/Business:

Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

Last update 7/11/18 Page 2 of 5
City of South El Monte Recreation Services Department
APPLCIANT NAME: ___________________________________________ DATE OF USE: ____________________________ FACILITY: ____________________________________________________________________________________________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Building Fee $ _________ x _________ Hours $
Staff Fee $ _________ x _________ # Staff x ________ Hours $ Security Guard Fee $ ________ x _________ # Guard (s) x ______ Hours $ Kitchen Fee $
Clean Up Fee $
Damage Deposit $
Insurance Premium Certificate $
Liquor Premiums $
Inflatable Bouncer $
ABC Permit $
TOTAL: $
Table and Chair Ratio
6 inch Round Table = 8 chairs
# of Round Tables: _________ #
of Rectangle Tables: ________ #
of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________

Last update 7/11/18 Page 3 of 5

CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.

Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

APPLICATION PROCESS:

1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.

2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.

3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.

4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.

5. Time requested must include decorating, event and clean-up time.

6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.

INSURANCE REQUIREMENTS
Without limiting Applicant’s indemnification of the City, and prior to commencement of the facility use, the applicant shall obtain, provide and maintain at its own expense during the term of facility use, a policy of insurance of the type and amount described below and in a form that is satisfactory to the City. If insurance coverage is cancelled or materially changed, the applicant must notify the city immediately.

General liability insurance. Applicant 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 $1,000,000 per occurrence, $2,000,000 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. If alcohol is sold during the permitted activity, coverage must include full liquor liability. The City of South El Monte, its officers, officials, agents, and employees shall be included as additional insureds on the policy.

Primary/non-contributing. Coverage provided by the Applicant shall be primary and any insurance or self-insurance procured or maintained by City of South El Monte shall not be required to contribute with it.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this application shall be endorsed to waive subrogation against the City of South El Monte, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the applicant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Applicant hereby waives its own right of recovery against the City of South El Monte.

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 Applicant maintains higher limits than the minimums shown above, the City of South El Monte requires and shall be entitled to coverage for the higher limits maintained by the Applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of South El Monte.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Last update 7/11/18 Page 4 of 5
*For organizations/businesses that do not carry general liability insurance, special event liability insurance can be purchased through the City/Alliant Insurance.

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

2. All activities must cease, and the facility completely vacated by 12:00 a.m. Amplified music must be terminated no later than 11:00 p.m.

3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.

4. Applicant cannot exceed the number attending on the application.

5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.

6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.

Security services will be added into total fees.

7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.

8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.

9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.

10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.

11. Applicant shall adhere with all local, state, and federal laws, codes, and regulations related to the use of the Facility, including but not limited to fire codes , assembly occupancy, public health orders, and the Americans with Disabilities Act.

12. Applicant further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health orders and/or guidance in effect at the time of the use of the facility.

Failure to comply with any of the City’s policies, procedures, or information published on this application will result in cancellation of renters reservation and lost of damage deposit.

DECORATIONS/SET-UP:

1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.

2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

3. All decorations must be removed by the applicant at the conclusion of the event.

4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.

Violation will result in the closure of the event and forfeiture of all fees.

2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.

3. Smoking is not permitted on City property.

4. No profane language or disorderly or unseemly conduct is permitted in any City facility.

PROHIBITED CONTINUED:

5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.

6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.

7. No storage of private property is permitted on City premises.

8. City Facilities cannot be used for commercial purposes without written approval.

9. Bounce houses and petting zoos are not permitted on City facilities.

10. City equipment shall not be removed from any City facility.

11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals preapproved for use in special exhibits.

12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.

13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.

14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

REFUND OF SECURITY DEPOSIT:

1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.

2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.

Last update 7/11/18 Page 5 of 5

3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.

CANCELLATION POLICY:

1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund

2. All other cancellations subject to a $25 administration fee.

3. Failure to comply with the reservation regulations, policies, procedures, or any information listed on the reservation application can result in a cacellation of reservation and loss of Damage Deposit.

CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.

Applicant’s Signature: _________________________________________ Date: ______________________

ATTACHMENT C

SEM VETERANS BASEBALL RESERVATION DETAILS

WAIVED FEES
Fee Description Units Total
Shively Park Field Rental Fee $50/hour x 120 hours $6,000.00 Total Waived Fees $6,000.00

NON-WAIVED FEES
Fee Description Units Total
Shively Park Field Damage
Deposit
$500.00 (Refundable) $500.00
Insurance Coverage Agency will Provide -
Total Non- Waived Fees $500.00

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: LETTER FROM SOUTH EL MONTE AVIATORS REQUESTING

A FACILITY FEE WAIVER FOR THE USE OF NEW TEMPLE

PARK FIELD AND SHIVELY PARK FIELD AND

CONSIDERATION TO WAIVE THE LIGHT FEES AT NEW

TEMPLE AND SHIVELY PARK
SUMMARY: The South El Monte Aviators are requesting a facility fee waiver for the use of New Temple Park fields and Shively Park field to host practices. Additionally, the Aviators are requesting the City Council to consider waiving the light fees associated with the reservation at Shively and New Temple Park.

RECOMMENDED ACTION: Staff recommends City Council:

1. Discuss and consider the facility reservation fee waiver for the use of New Temple Park fields and Shively Park field in the amount of $2,250.00; and

2. Discuss and consider the request to waive the reservation light fees in the amount of $1,350.00.

FISCAL/FINANCIAL IMPACT: If approved, the City will waive the facility reservation fees in the amount of $2,250.00 in accordance with the Facility Reservation Regulations and Fee Schedule, and the Aviators will be responsible for all remaining rental costs including, but not limited to lights, lining, insurance coverage, etc.

Should the City approve to waive the lighting fees, the City would be waiving an additional $1,350.00. The waived amount will be absorbed by the General Fund.

Please refer to Attachment A — Aviators Reservation Fee Details, summarizing the cost associated with the Aviators reservation.

DISCUSSION: The City has been a long time supporter of accessible sports organizations for the community's youth. The South El Monte Aviators is a non-profit youth group focused on providing children the opportunity to learn fundamental skills of

baseball and compete while representing the community of South El Monte. The South El Monte Aviators are requesting a fee waiver in the amount of $2,250.00 for the use of Shively and New Temple Park baseball fields to host practices on Wednesdays beginning November 5, 2025 to February 25, 2026 from 5:30 p.m. - 8:30 p.m. In addition, the Aviators are requesting the City Council to consider waiving the light fees accrued with the reservation. It is the discretion of the City Council to approve or deny any request associated with the reservation.

ATTACHMENT(S):

A. Aviators Reservation Fee Details '25-'26
B. Aviators Facility Reservation Application
C. SEM Aviators Fee Waiver Request Letter

ATTACHMENT A

AVIATORS RESERVATION DETAILS

WAIVED FEES
Fee Description Units Total
Shively Park Field Rental Fee $50/hour x 30 hours $1,500.00 New Temple Park Field Rental
Fee
$50/hour x 15 hours $750.00
Total Waived Fees $2,250.00

NON-WAIVED FEES
Fee Description Units Total
Shively Park Field Damage
Deposit
$500.00 (Refundable) $500.00
New Temple Park Damage
Deposit
$500.00 (Refundable) $500.00
Insurance Coverage Agency will Provide -
Total Non- Waived Fees $1,000.00
Light Fees Consideration to be Waived
Fee Description Units Total
Shively Park Light Fee $30/hour x 30 hours $900.00
New Temple Park Light Fee $30/hour x 15 hours $450.00
Total Light Fees $1,350.00

Last update 7/11/18 Page 1 of 5
City of South El Monte Community Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.cityofsouthelmonte.org

COMMUNITY SERVICES FACILITY & PARK

RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**

RESERVATION INFORMATION
FACILITY REQUESTED:

1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II Shively and New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
___________ Field
____________ Picnic Area
Date of Event: _______________ Day(s): ___________________ Estimated Attendance: ____________ Purpose of Event/Function: _________________________________________________________________________________ Reservation Time: ________ to ________ Set up Time: ________ to ________ Kitchen Hours: ________ to ________ Clean up Time: ________ to ________ Will the event be open to the public? ________
Will there be entertainment? ________ If yes, what type? ______________________________________ Will food be served? ________ If yes, name of caterer? _________________________________ Will alcohol be served? ________
Portable Stage needed? ________
Applicant shall indemnify, defend, and hold harmless the City of South El Monte, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and/or use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of South El Monte, its officers, employees, or agents. Applicant agrees to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment, or grounds resulting from use of facility.

I am an authorized agent of the organization/business submitting this application. The information provided in this application is true and correct. I have read and understand this application and agree to all the facility rules, regulations, and conditions of use.

Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Community Services Designee _______________________ Date: ___________

APPLICANT INFORMATION
Name: Organization/Business:

Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

Last update 7/11/18 Page 2 of 5
City of South El Monte Community Services Department
APPLICANT NAME: ___________________________________________ DATE OF USE: ____________________________ FACILITY: ____________________________________________________________________________________________

FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Building Fee $ _________ x _________ Hours $
Staff Fee $ _________ x _________ # Staff x ________ Hours $ Security Guard Fee $ ________ x _________ # Guard (s) x ______ Hours $ Kitchen Fee $
Clean Up Fee $
Damage Deposit $
Insurance Premium Certificate $
Liquor Premiums $
Inflatable Bouncer $
ABC Permit $
TOTAL: $
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: ________ 6 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:

If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________

Last update 7/11/18 Page 3 of 5

CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.

Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

APPLICATION PROCESS:

1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.

2. A facility is not considered rented until (1) applicant delivers to the City the Facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.

3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.

4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.

5. Time requested must include decorating, event and clean-up time.

6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.

INSURANCE REQUIREMENTS
Without limiting Applicant’s indemnification of the City, and prior to commencement of the facility use, the applicant shall obtain, provide, and maintain at its own expense during the term of facility use, a policy of insurance of the type and amount described below and in a form that is satisfactory to the City. If insurance coverage is cancelled or materially changed, the applicant must notify the city immediately.

General liability insurance. Applicant 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 $1,000,000 per occurrence, $2,000,000 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. If alcohol is sold during the permitted activity, coverage must include full liquor liability. The City of South El Monte, its officers, officials, agents, and employees shall be included as additional insureds on the policy.

Primary/non-contributing. Coverage provided by the Applicant shall be primary and any insurance or self-insurance procured or maintained by City of South El Monte shall not be required to contribute with it.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this application shall be endorsed to waive subrogation against the City of South El Monte, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the applicant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Applicant hereby waives its own right of recovery against the City of South El Monte.

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 Applicant maintains higher limits than the minimums shown above, the City of South El Monte requires and shall be entitled to coverage for the higher limits maintained by the Applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of South El Monte.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Last update 7/11/18 Page 4 of 5
*For organizations/businesses that do not carry general liability insurance, special event liability insurance can be purchased through the City/Alliant Insurance.

APPLICANT RESPONSIBILITIES:

1. Applicant must be present during the entire event.

2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).

3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.

4. Applicant cannot exceed the number attending on the application.

5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.

6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.

Security services will be added into total fees.

7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.

8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.

9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.

10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.

11. Applicant shall adhere with all local, state, and federal laws, codes, and regulations related to the use of the Facility, including but not limited to fire codes , assembly occupancy, public health orders, and the Americans with Disabilities Act.

12. Applicant further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health orders and/or guidance in effect at the time of the use of the facility.

Failure to comply with any of the City’s policies, procedures, or information published on this application will result in cancellation of renters reservation and lost of damage deposit.

DECORATIONS/SET-UP:

1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.

2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

3. All decorations must be removed by the applicant at the conclusion of the event.

4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.

5. Hay and confetti of any sort are prohibited.

PROHIBITED:

1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.

Violation will result in the closure of the event and forfeiture of all fees.

2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Community Services Supervisor or his/her designee.

3. Smoking is not permitted on City property.

4. No profane language or disorderly or unseemly conduct is permitted in any City facility.

PROHIBITED CONTINUED:

5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.

6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.

7. No storage of private property is permitted on City premises.

8. City Facilities cannot be used for commercial purposes without written approval.

9. Bounce houses and petting zoos are not permitted on City facilities.

10. City equipment shall not be removed from any City facility.

11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals preapproved for use in special exhibits.

12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.

13. Only D/J and small bands are allowed to play in the facility. Staff will determine appropriate volume levels.

14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.

REFUND OF SECURITY DEPOSIT:

1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.

2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.

Last update 7/11/18 Page 5 of 5

3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.

CANCELLATION POLICY:

1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund.

2. All other cancellations subject to a $25 administration fee.

3. Failure to comply with the reservation regulations, policies, procedures, or any information listed on the reservation application can result in a cancellation of reservation and loss of Damage Deposit.

CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.

Applicant’s Signature: _________________________________________ Date: ______________________

Dear City Council,
Hope all is well! I’m reaching out on behalf of the South El Monte Aviators to see if we could reserve a field at Shively Park or New Temple Park one day per week from 5:30 PM to 8:30 PM for our team practices (preferbaly on any one of these days M,T,W,TH). As we spoke before it would be from 11/5/25-3/20/25.

We’re a local youth baseball group focused on giving kids a great place to learn and compete while representing South El Monte the right way. Having a consistent field would really help us keep things organized and provide a safe, structured space for our players.

Please let me know what days might work best or if there’s any paperwork we should fill out to get started.

Thanks so much for your time and support — we really appreciate everything the city does for our local programs!
Best regards,
Carlos Delgado
President, South El Monte Aviators
626-244-5108
[email protected]

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Sr. Executive Assistant to City Council/Community Liaison
SUBJECT: LETTER FROM THE SOUTH EL MONTE EMPLOYEES

CHRISTMAS RECOGNITION COMMITTEE REQUESTING

SPONSORSHIP FOR THE EMPLOYEE CHRISTMAS

RECOGNITION DINNER DATE TBD
SUMMARY: The South El Monte Employee Associations are seeking an $8,000 sponsorship to fund the Annual Christmas Employee Recognition Dinner. This includes the rental of the location and a dinner for all city employees, totaling approximately $8,000. Thank you for helping us celebrate the people who keep South El Monte running strong!
RECOMMENDED ACTION: Staff recommends the City fund the Employee Christmas Recognition Dinner totaling $8,000.

FISCAL/FINANCIAL IMPACT: If approved, $8,000 to be expended out of the General Fund, Human Resources Department, Employees Recognition Account 01-100-1050- 5940.

DISCUSSION: Each year, the City of South El Monte proudly celebrates our dedicated employees during the Employee Recognition and Christmas Dinner. This special event recognizes staff for their years of service, dedication, and commitment to making our city a better place to live and work.

We are seeking donations to help make this celebration memorable. Your generous contribution will support event expenses, including venue and dinner costs, as well as recognition awards for our employees who dedicate themselves to serving the community throughout the year.

Your support not only shows appreciation for our city staff but also strengthens the bond between our local government, residents, and businesses. Thank you for helping us celebrate the people who keep South El Monte running strong!

ATTACHMENT(S):

A. City Letter for Christmas party 24

October 15, 2025
Dear City of South El Monte City Council,
Your sponsorship is a key factor in our event's success and will serve as a testament to your support and festive spirit. In recognition of your generosity, your sponsorship will be prominently acknowledged at our dinner tables, highlighting your commitment to our cause.

Once again, we extend warm holiday wishes to you and express our deepest appreciation for your integral role in helping us create a truly special event for all the City of South El Monte employees. Should you have any inquiries or require further information.

Respectfully,
Gloria Olmos, Mayor, City of South El Monte, Dianna Gomez, Ariana De La Cruz, Wendy Cayco, Nancy Rodriguez, Jose Figueroa (SEM Employees Association)
$15,000_______ $10,000 ________ $8,000__________ Other ___________ Please make check payable to:

The South El Monte Employees Association
Christmas Employee Recognition
1415 Santa Anita Avenue
South El Monte, CA 91733

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

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-099 CONSENTING TO THE APPOINTMENT OF DAVID DE

VRIES AS DIRECTOR OF ECONOMIC DEVELOPMENT AND

APPROVAL OF THE DIRECTOR OF ECONOMIC

DEVELOPMENT EMPLOYMENT AGREEMENT
SUMMARY: Staff is asking the City Council to consent to the appointment of David De Vries as Economic Development Director and approve his employment agreement for services as Economic Development Director.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 25-099 approving the employment agreement between the City and David De Vries for the position of Director of Economic Development; and

2. Authorize the Mayor to execute the employment agreement.

FISCAL/FINANCIAL IMPACT: The Director of Economic Development position was budgeted for fiscal year 2025-2026. Mr. De Vries will receive a salary of $200,000 annually, which is Step D of the City’s current salary schedule for the position of Director of Economic Development. Benefits are estimated at 35% or $70,000. Any increases in subsequent years will be applied through performance reviews and/or salary adjustments. At this time, funds are available to administer the terms of the employment agreement.

DISCUSSION: The Director of Economic Development is a new, and essential member of the City’s Executive Management Team and reports directly to the City Manager.

On April 15, 2025, the City Council approved the creation of the position of Director of Economic Development during the re-structuring of City Administration aimed at effectively meeting the operational and governmental needs of the City.

This new classification is an Executive Management Position responsible for all Economic Development Services, including but not limited to advanced planning, capital projects, land use, courting new business, negotiating contractual agreements with grantors, developers and brokers.

The key terms and provisions of the proposed agreement for Mr. De Vries are: 1) Threeyear term; 2) Annual Base Salary of $200,000 ($16,666.66 per month); 3) Car allowance in the amount of $600 per month; 4) One (1) month severance if terminated without cause within one (1) year, and Six (6) month’s severance if terminated thereafter; and 5) upgraded employment benefits, including a maximum budget of $5,000 for recurring annual memberships, conferences & training.

ATTACHMENT(S):

A. Resolution No. 25-099
B. Director of Economic Development At Will Contract

ATTACHMENT A
RESOLUTION NO. 25-099

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

CONSENTING TO THE APPOINTMENT OF DAVID DE VRIES

TO THE POSITION OF DIRECTOR OF ECONOMIC

DEVELOPMENT AND APPROVAL OF THE DIRECTOR OF

ECONOMIC DEVELOPMENT EMPLOYMENT AGREEMENT
WHEREAS, it is the desire of the City Manager of the City of South El Monte (“City”) to appoint David De Vries to serve in the position of Director of Economic Development beginning on November 12, 2025, and approve the presented employment agreement; and WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040, appointment of City department heads “… shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, on April 15, 2025, the City Council approved the creation of the position of Director of Economic Development during the re-structuring of City Administration aimed at effectively meeting the operational and governmental needs of the City; and WHEREAS, this new classification is an Executive Management Position responsible for all Economic Development Services, including but not limited to advanced planning, capital projects, land use, courting new business, negotiating contractual agreements with grantors, developers, and brokers; and
WHEREAS, the City requires the services of a Director of Economic Development; and WHEREAS, Mr. De Vries has the required level of education, experience, skills and expertise to serve as the Director of Economic Development; and WHEREAS, based on Mr. De Vries’s executive and administrative qualifications, ability, and experience, the City Manager desires to employ David De Vries to serve as the Director of Economic Development for the City; and
WHEREAS, Mr. De Vries desires to perform and assume responsibility for the position of Director of Economic Development services to the City.

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

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

SECTION 2. The City Council hereby consents to the appointment of David De Vries as Director of Economic Development, which shall include a salary at Step D of the City’s current and approved salary schedule for the position of Director of Economic Development at an annual salary of Two Hundred Thousand Dollars ($200,000.00).

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

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

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

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

PASSED, APPROVED AND ADOPTED this 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. 25-099, 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

ATTACHMENT B

CITY OF SOUTH EL MONTE

DIRECTOR OF ECONOMIC DEVELOPMENT EMPLOYMENT AGREEMENT
This Director of Economic Development EMPLOYMENT AGREEMENT (“Agreement”) is entered into the 5th day of November 2025, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and David De Vries, an individual (“Employee”).

R E C I T A L S
WHEREAS, it is the desire of the City Manager of the City of South El Monte (hereinafter the "City Manager") to appoint an individual to serve in the position of Director of Economic Development effective November 12 , 2025; and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, appointment of City department heads “. . . shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, the position of Director of Economic Development is the department head of the City’s Economic Development Department; and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, City department heads hold employment “at and during the pleasure of the city manager [;]” and WHEREAS, the City requires the services of a Director of Economic Development ; and WHEREAS, the duties of the Director of Economic Development are set forth in Exhibit “A” to this Agreement; and
WHEREAS, based on Employee’s executive and administrative qualifications and ability, the City Manager desires to employ Employee to serve as the Director of Economic Development for the City; and
WHEREAS, Employee has the required level of education, experience, skills, and expertise to serve as the Director of Economic Development of the City; and WHEREAS, Employee desires to perform and assume responsibility for the provision of Director of Economic Development services to the City; and WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of Director of Economic Development professional services to the City through this Agreement.

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

AGREEMENT

1.0 EMPLOYMENT & DUTIES

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

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of Director of Economic Development will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:00 a.m. to 5:30 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours. Notwithstanding the foregoing, the City and Employee agree that the Employee’s regular work schedule shall be 6:00 a.m. to 3:30 p.m., Monday through Thursday, and four (4) hours of remote work each Friday. The schedule may be adjusted from time to time as mutually agreed upon by the City and Employee to meet operational needs. The City will permit Employee such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of Director of Economic Development. Notwithstanding the foregoing, the City approves the following activities, provided they are conducted on Employee’s own time and do not create a conflict of interest, interfere with City projects, or hinder the satisfactory performance of Employee’s duties: a) Maintaining an active Real Estate Broker’s License and engaging in purchase and sale of real estate for personal reasons; and b) Teaching at San Diego State University for up to 36 hours annually each Fall Semester, which may require Employee to leave work up to three (3) hours early each Wednesday for approximately twelve (12) weeks from September through December.

1.4 Employment Status. Upon appointment to the Director of Economic Development position, Employee shall serve at the will and pleasure of the City Manager and understands that he shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.

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

1.6 Exclusion from Classified Service. Employee understands, acknowledges, and agrees that he is not included within the classified service of the City pursuant to South El Monte Municipal Code § 2.64.010(H)(7).

1.7 Exempt Status. Employee acknowledges and agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act and any other applicable state or federal law or regulation.

2.0 COMPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base compensation shall be two hundred thousand dollars ($200,000.00) annually (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

2.2 Annual Salary Review. The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5.2. Following the annual performance review, the City Manager may increase Employee’s salary within the Council-approved salary range for the position of Director of Economic Development . The City Manager and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

3.0 TERM

3.1 Commencement & Effective Date. Employee commenced his services hereunder at 12:01 a.m. Pacific daylight savings time on November 12 , 2025, which will also be deemed the effective date of this Agreement (“Effective Date”).

3.2 Term. The term of this Agreement will be for three (3) years following the Effective Date (“Term”) (i.e. until 11:59 p.m. on November 12, 2028) and, thereafter, the term of this Agreement may be extended for additional one (1) year term(s) as Employee and City Manager mutually agree, as evidenced by a writing signed by both parties.

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

3.4 Termination by City. The City Manager may terminate this Agreement at any time with or without cause, by providing written notice. The City Manager’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline, or termination of the City’s employees. Employee expressly waives any rights provided for the Economic Development Director under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Economic Development Director. Upon appointment to the Economic Development Director position, Employee shall be an at-will employee serving at the pleasure of the City Manager.
(a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City

terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by City Manager Without Cause. The City Manager may terminate Employee at any time without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay. In the event Employee is terminated without cause within one (1) year of the Effective Date and does not challenge such termination, including but not limited to by means of civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by one (1), less applicable deductions and excluding deferred compensation or the value of any other benefits. If Employee is terminated without cause at any time later than one (1) year after the Effective Date and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to the monthly base salary of Employee then in effect multiplied by six (6) excluding the value of any benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3.2 above, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the Economic Development Department of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The City Manager may, at his/her sole discretion, review and evaluate the performance of Employee annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Manager’s consideration, no later than December 1 of each year of the term of this Agreement, Employee’s proposed annual performance goals and objectives and incorporate the City Manager’s suggestions. Such review and evaluation, if any, will be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

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

6.0 BENEFITS

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

1. New Year 's Day

2. Martin Luther King Day

3. Presidents' Day

4. Cesar Chavez Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee's Birthday

13. Juneteenth Day
Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday are not observed holidays. Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three (3) floating holidays.

Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.2 Administrative Leave. Employee will be granted 80 hours of administrative leave per fiscal year. Employee shall not accrue more than 80 hours of administrative leave.

Employee shall not use less than one (1) hour of administrative leave at any one time.

Administrative leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.3 Bereavement Leave. Employee shall be entitled to bereavement leave for a period not exceeding three (3) workdays for deaths within the Employee's immediate family.

Immediate family is defined as any relative by blood or marriage who is a member of the Employee's household (under the same roof), and the Employee's spouse, registered domestic partner, parents or stepparents; spouse's parents or stepparents; brothers, stepbrothers or halfbrothers; sisters, step-sisters or half- sisters; Employee's grandparents; spouse's grandparents; grandchildren; aunts and uncles, in-laws, regardless of the residence of the deceased. For purposes of compliance with Government Code section 12945.7, Employee shall be entitled to two additional days of bereavement leave (totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days.

6.4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee if the is required to serve on jury duty, with compensation at Employee's existing pay rate. The Employee shall remit to the City any money paid to his by the court for jury service.

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

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents (employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6.5 Employee shall instead receive a deferred compensation payment of $600 per month. To be eligible for the $600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

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

6.7 Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee's annual salary, accidental death and dismemberment insurance equal to Employee 's annual salary, and long-term disability insurance equal to two-thirds of Employee's monthly salary. The long-term

disability insurance plan shall provide a 30-day benefit exclusion and benefit payments until the age of 70 years.

6.8 California Public Employees' Retirement System (“CalPERS”).

Employee is a “ Classic” member and accordingly is covered by the 2% @ 60 CalPERS retirement formula. Employee will pay the mandatory CalPERS contribution rate for “Classic” member as determined by CalPERS, which currently the amount is 7.0%. If the mandatory CalPERS contribution rate for “ Classic” members changes, the Employee shall comply with the rate as may be determined by CalPERS.

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

6.10 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at his home to facilitate work production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $3,000. Funds will be advanced only after the need for the equipment is verified and approved by the City Manager and a reimbursement agreement, approved by the City Attorney, is executed.

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

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

6.13 Professional Development, Memberships, Conferences. Employee shall be eligible to attend professional conferences, trainings, and events, and to maintain memberships in professional organizations relevant to the duties of the Director of Economic Development. The City shall provide an annual budget not to exceed Five Thousand Dollars ($5,000) for the combined cost of memberships, conferences, events, and trainings, travel and accommodation.

Employee shall submit proposed memberships, conferences, or training events for City Manager approval in advance of incurring any related costs.

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

1. Employee must have taken minimum hours of vacation in the fiscal year so that at the end of the fiscal year the vacation accrual does not exceed 320 hours.

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

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

1. Ten hours per month (accrued at the rate of five hours biweekly for 24 of the 26 pay periods annually) during the first five years of service.

2. Twelve hours per month (accrued at the rate of six hours biweekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service.

6.15 Sick Leave.
(a) Employee shall accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service.
(b) Employee may accrue an unlimited number of sick leave hours.

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

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

6.16 Deferred Compensation. City shall contribute $400.00 per month into a qualified 457 plan.

6.17 Cellular Phone. In lieu of a City-issued cellular phone, the Employee shall receive a monthly stipend of fifty dollars ($50) to offset the cost of using a personal device for City business. Employee acknowledges that any communications, including emails and text messages sent or received on the personal device in connection with City business may constitute public records subject to disclosure under the California Public Records Act (Government Code §7920 et seq.), and Employee agrees to cooperate with the City in providing access to such records as required by law

6.18 Automobile Allowance.
(a) City shall provide to Employee a monthly automobile allowance of $600. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation, and interest.

(b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City-related use of such automobile. (c) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the insurance policy currently insuring Employee, and as a result of such requirement Employee's premium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials, and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance. Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced, or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6.19 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City’s executive employees, including Employee and department heads, which may reduce the level of compensation (exclusive of Employee’s base salary), or benefits provided. In the event the level of compensation or benefits provided to Employee changes (whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

7.0 EXPENSE REIMBURSEMENT
The City recognizes that Employee may incur certain expenses of a non-personal and jobrelated nature in performance of the duties of the position of Director of Economic Development.

The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City’s normal expense approval and reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by an appropriate receipt therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8.0 BONDS AND INDEMNIFICATION

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

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS

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

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

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

To City: To Employee:

City Manager David De Vries
City of South El Monte [Employee Adress]
1415 Santa Anita Ave.

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

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

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

9.6 Agreement to Mediation. Before initiating litigation over any dispute about matters covered by this Agreement, the City and Employee agree that they will submit to voluntary mediation in accordance with procedures to be mutually agreed by them. Nothing herein shall be construed to relieve either party or be deemed to constitute a waiver by either part of their respective

rights and obligations under Government Code section 810 et seq.

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

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

9.9 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

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

9.10 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and

that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

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

CITY OF SOUTH EL MONTE

Gloria Olmos, Mayor
ATTEST:

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

Susie Altamirano, City Attorney

EMPLOYEE

David De Vries

EXHIBIT “A”

CITY OF SOUTH EL MONTE

DIRECTOR ECONOMIC DEVELOPMENT
At-Will, Exempt

DEFINITION
Under direction from the City Manager, serves as a member of the City's executive management team; plans, directs, organizes, budgets, coordinates and oversees the programs, projects, activities and operations of the Economic Development Department. He/She will establish and maintain liaison to the Planning Commission, capital improvement projects, other committees as needed, and the general public. He/She assures the integrity of all Economic Development services; is well versed in the principles methods and practices of economic development that includes strong negotiating and facilitation skills; has familiarity with the fundamentals of real-estate analysis including financial and economic review processes; and oversees the administration of professional consulting services contracts. Provides leadership regarding departmental strategies, resource requirements and competing priorities to attain community needs. Performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the City Manager.

ESSENTIAL DUTIES
Assume full management responsibilities for Economic Development Departmental Services and Duties may include, but are not limited to, the following:
• Plans, organizes, and directs Economic Development operations including current and advanced planning, environmental planning (CEQA compliance). • Reviews major land use, businesses, construction and building projects with other Staff, Managers, Commissions, Committees, City Manager and City Council to enhance and maintain successful programs and projects to help shape the growth and development of the City.
• Facilitates private development in the City through meetings and outreach to developers, brokers, and retail tenants.
• Obtain and manage state and federal grant monies for private development and other projects.
• Understand Budgetary practices and economics in the field of economic development, direct the forecast of funds needed for staffing, equipment, materials, and supplies, monitor and approve expenditures and implement mid-year adjustments.

• Represents the Economic Development Department to other line departments, elected officials, and outside agencies and organizations.
• Courts developers and businesses and negotiate contracts and agreements. • Supervise and coordinate the technical research required in the economic development review process.
• Develop and Present highly technical & analyzed information, studies and reports, as well as ordinances, resolutions, and staff report clearly and concisely to various divisions, commissions, City Council and lay groups orally and in writing. • Hires, trains, motivates, evaluates, disciplines, plans and organizes workloads for assigned staff and consultants.
• Analyzes local, State and Federal legislation; advises and develops City policy in the areas economic development,
• Engages intergovernmental organizations and represents the City in Economic Development forums.
• Perform a variety of public relations and outreach work related to Economic development, redevelopment activities.
• Generates private sector investment and economic development interest in the revitalization of properties in the City by working with real estate brokers, merchant builders and private investment firms.
• Evaluates business processes and implements modernization strategies, where needed, develops and leads staff to implement short and long-range plans and projects related to economic development.
• Responds to public inquiries about economic development, regulations, and ordinances. • Perform other duties as assigned by the City Manager.

JOB REQUIREMENTS
Knowledge:
• Principles and practices of Public Administration, Organization and Management. • Principles, methods, and procedures of Economic Development. • Budget Techniques.
• City Municipal Code, General Plan, Subdivision Map Act. • State and Federal regulations and legislation.
• Principles of urban design, planning and zoning laws, land develop process. • Adept regulation research, English Language usage, writing and interpretation skills. • Marketing and Public Relations, principles and techniques. • Technology systems and relevant software applications. • Supervise, evaluate, and direct assigned staff.
• Initiate, negotiate, and/or review complex development proposals. • Adapt in a high-volume, fast-paced working atmosphere with multiple priorities. • Develop comprehensive plans to meet future City needs/services. • Deal constructively with conflict and develop effective resolutions. • Coordinates with developers and brokers effectively.

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. • 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/identifies current opportunities for improvement. • Gathering and Analyzing Data – Organizes, codes, aggregates, and disaggregates data for analysis and produces data that can be trusted.

MINIMUM QUALIFICATIONS
Experience:

Five (5) years increasingly responsible experience in urban planning, Public Administration, Economics, Engineering, or closely related field. A Master’s Degree in an applicable field is highly desirable. At least three years of increasingly responsible professional experience in the public service sector, and in supervisory management capacity. Demonstrated commitment to collaboration, innovation, open and transparent communication, and fiscal management.

Management certifications from accredited universities or institutions is also a plus.

Education:

Bachelor’s degree in Urban and/or Regional planning, Geography, public administration, or a closely related field. A Master’s degree is preferred.

Licenses and Certificates
Possession of a valid Class C California State Driver's License at the time of employment and continuously throughout employment.

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.
• Frequently required to talk or hear.
• Sit; use hands to finger, handle, feel or operate objects, tools, or controls. • Reach with hands and arms.

• Occasionally required to stand or walk.
• Occasionally lift and/or move up to 25 pounds.
• Vision abilities required for close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.

Working Conditions:
• Sedentary, office settings.
• Some outdoor work is required in the inspection of various land use developments and construction sites.
• Exposure to weather conditions including 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. • Ability to work extended hours, including evenings, weekends, and holidays in order to complete projects,

EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

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

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will Director of Economic Development effective November 12, 2025, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

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

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ______as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

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

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

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

(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above to the extend allowed under applicable law.

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

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

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

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

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.

This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that

EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

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

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment.

Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

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

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

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

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

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

8. MISCELLANEOUS

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

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

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

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

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

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

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

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and

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

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

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

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

South El Monte, California 91733

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

DATED: EMPLOYEE
By:

David De Vries

THE CITY
DATED: By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

City Council Agenda Report
Agenda Item No. 12.a.

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: COUNCILMEMBER MANUEL ACOSTA

1. Travel Approval Process
Discussion/Action: Every year the city council approves a budget for travel for the city council and all city
employees. The approval of the travel has certain
requirements. These requirements include professional
development, any city-oriented business, and potential
benefit to the city and its residents. As long as these requirements are met, travel is almost certain. The current city policy distinguishes between in-state and out-of-state travel. Out-of-state travel requires city council approval, while in-state travel does not. It is unclear why there is a distinction. How does out-of-state travel differ from instate travel? And why does the city council have to approve out-of-state travel?

2. City Council Paraphernalia
Discussion/Action: Individual canvas tarps with city
council members' names were purchased with city funds.

This is highly unusual and not a typical practice. For
example, city council members are not allowed to appear in the city-sponsored newsletter due to it violating political campaign laws. Are city-purchased paraphernalia
depicting councilmembers’ names exempted? Do their
purchase with city funds violate political campaign laws? Or is it simply a city policy? And if it is a city policy, should the city council be required to approve it?
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 12.b.

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: MAYOR PRO TEM HECTOR DELGADO

1. Consideration to approve a request from the El MonteSouth El Monte Emergency Resources Association (ERA) for funding of $40,000 to support efforts in fighting food insecurity and providing essential services to
families in need.

2. Manage Electioneering and campaigning practices on
Public Facilities.

SUMMARY: The El Monte-South El Monte Emergency Resources Association (ERA) is an organization dedicated to serving families and children of the cities South El MonteEl Monte. ERA is facing an influx of individuals and families seeking assistance as a result of the government shut down and is requesting $40,000 from the city.

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. City of South El Monte Helps Children and Families 2025-2026 (2)

Emergency Resources Association is a 501(c) 3 nonprofit organization providing basic needs to people in times of crisis.

Tax ID number 95-6097318.

El Monte-South El Monte
Emergency Resources Association (ERA)
70 th
Year Anniversary
10900 Mulhall St., El Monte, CA 91731
(626) 444-7269 [email protected]
October 21, 2025
The Honorable Gloria Olmos, Mayor
The Honorable Hector Delgado, Mayor Pro Tem
The Honorable Manuel Acosta, Councilmember
The Honorable Rudy Bojorquez, Councilmember
The Honorable Larry Rodriguez, Councilmember
and Rene Salas, City Manager
City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Dear Mayor Olmos, Mayor Pro Tem Delgado, and City Council Members, I am writing to you today as the Executive Director of the El Monte-South El Monte Emergency Resources Association (ERA), a nonprofit organization that has been dedicated to serving the families and children of South El Monte for the past 70 years. As I reflect on our organization's history, I am reminded of the enduring impact of our mission. Like a steadfast oak tree, we have weathered challenges and remained a constant source of support for our community.

But I'm here to tell you that the situation has never been more dire. The current government shutdown has thrown our community into chaos, and the most vulnerable among us are paying the price. The potential disruption to programs like Women, Infants, and Children (WIC) and Supplemental Nutrition Assistance Programs (SNAP) will have catastrophic consequences for families who rely on these lifelines to put food on the table. The thought of children going hungry, of families struggling to make ends meet, is a reality we cannot ignore.

As a result, ERA is bracing for an influx of individuals and families seeking assistance. More people in our community will desperately be turning to us for help, and we must be prepared to answer the call. That's why we're requesting funding in the amount of $40,000 to support our efforts in fighting food insecurity and providing essential services to families in need. This funding will enable us to continue providing critical services, including emergency food assistance and daily food distributions.

Emergency Resources Association is a 501(c) 3 nonprofit organization providing basic needs to people in times of crisis.

Tax ID number 95-6097318.

We believe that every child and family in South El Monte deserves access to nutritious food and the opportunity to thrive. That's why we work tirelessly to provide essential services to those in need. Our organization has been a lifeline for families struggling to make ends meet, and we are proud to serve this community.
*ERA Christmas Food Baskets and Toys Distribution Event* - Monday, December 22, 2025 (8:00 AM - 1:00 PM) - Basket Assembly - Tuesday, December 23, 2025 (8:00 AM - 3:00 PM) - Basket Distribution This holiday program will bring joy and hope to families in need, and we urge you to join us in this effort. Your funding will enable us to continue providing critical services to families in need and make a meaningful difference in the lives of our residents.

Thank you for considering our request. We look forward to continuing our partnership with the City of South El Monte.

Sincerely,
Mrs. Veronica Castro
Executive Director, ERA
Emergency Resources Association (ERA)
10900 Mulhall St., El Monte, California 91731
(626) 444-7269 | [email protected]

City Council Agenda Report
Agenda Item No. 12.c.

DATE: November 4, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: COUNCILMEMBER RUDY BOJORQUEZ

1. Discussion to direct staff to begin identifying locations in the city for arts development districts and what needs to be done to change zoning in these locations.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None