South El Monte City Council
March 17, 2026

1 RESOLUTION NO. 26-021

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH TIERRA WEST ADVISORS, INC. FOR

THE ECONOMIC DEVELOPMENT OUTREACH SERVICES
WHEREAS, the City of South El Monte ("City") is committed to proactive engagement with local businesses, stakeholders, and potential investors to foster a vibrant and sustainable local economy; and
WHEREAS, the City requires professional economic development outreach services to effectively communicate municipal initiatives, provide business site and incentive opportunities, and strengthen partnerships with businesses and investors; and WHEREAS, Tierra West Advisors, Inc. ("TWA") has unique history and demonstrated expertise in assisting the City with economic development outreach and is currently prepared to provide outreach services due to their established institutional knowledge; and WHEREAS, the City seeks to enter into an agreement with Tierra West Advisors, Inc., in an amount not to exceed $25,000, for outreach services; and WHEREAS, under South El Monte Municipal Code Section 3.16.070, professional services are not required to go to bid through a request for proposals; and WHEREAS, the City Council wishes to authorize the City Manager, or his designee, to execute a contract with TWA, for such services; and
WHEREAS, this contract is awarded based on TWA’s demonstrated competence, technical continuity, and the administrative efficiency of utilizing a firm with established institutional knowledge of the City's economic goals for outreach.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:

Section 1. The recitals set forth above are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby authorizes the City Manager, or his designee, to execute a professional services agreement with Tierra West Advisors, Inc., in an amount not to exceed $25,000, subject to approval as to form and content by the City Attorney’s Office.

ATTACHMENT A

2 Section 3. The City Council further directs the City Manager or designee to take all actions necessary to effectuate the agreement.

Section 4. This Resolution shall take effect immediately upon its adoption.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of South El Monte this 17th day of March, 2026.

Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, MMC, City Clerk
____________________
__________________________

3 CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution, being Resolution No. 26-021, 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 17th day of March 2026, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adrian Garcia, MMC, City Clerk

01257.0001/867754.3

CONTRACT SERVICES AGREEMENT
By and Between

CITY OF SOUTH EL MONTE
and
TIERRA WEST ADVISORS, INC.

ATTACHMENT B

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AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND
TIERRA WEST ADVISORS, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 17th day of March, 2026 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (“City”) and TIERRA WEST ADVISORS, 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.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time in which service is rendered.

1.4 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.

1.5 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.

1.6 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 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.

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1.7 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.

1.8 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.

1.9 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.

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

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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 twenty-five thousand Dollars ($25,000) (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 invoice; however, Consultant acknowledges and agrees that due to the City’s “warrant run

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procedures,” the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force 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 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

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years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional one-year terms.] ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall 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.

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.

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4.3 Contract Officer.

The Contract Officer shall be David De Vries, Director of Economic Development 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, 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

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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. (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.”

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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.
(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

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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 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,

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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;
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

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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 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

01257.0001/867754.3 13
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. (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.

01257.0001/867754.3 14
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 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.

01257.0001/867754.3 15
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 $200 (two hundred 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.

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

01257.0001/867754.3 16
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.

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

01257.0001/867754.3 17
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.

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.

01257.0001/867754.3 18

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.

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

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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:

OLIVERAS MADRUGA LAW ORGANIZATION, LLP
________ ______
Susie A. Altamirano, Interim 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”

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 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”

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.

March 10, 2026
Mr. Rene Salas
City Manager
Mr. David De Vries, MBA, AICP
Director of Economic Development
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
Dear Mr. Salas and Mr. De Vries,
Tierra West Advisors (“Tierra West” / “TWA”) appreciates the request to provide clarification of the proposed scope of work requested by the City of South El Monte (“City”). Tierra West values the City’s forward-looking approach to strengthening its economic base and positioning itself for longterm fiscal resilience.

PROPOSAL: STRATEGIC SUPPORT ON PLANNING & OUTREACH AT ICSC 2026 The City of South El Monte and Tierra West have discussed advanced planning and outreach at ICSC, engaging retailers, commercial brokers, and developers in support of the City’s key development priorities & opportunity sites. At the direction of the City, Tierra West will immediately begin assisting with planning/outreach for the upcoming ICSC event to be held in Las Vegas, NV in May 2026.

SCOPE OF WORK:

1. Assessment of 5-10 prominent and/or strategic retail or other properties with development potential.
o TWA to consult with the Economic Development Director and determine whether to add or replace properties from last year’s ICSC list.

2. [PROVIDED BY CITY]: A short list of desired retail tenants based on the analysis and potential economic development projects noted above in scope proposal #1.

3. [PROVIDED BY CITY]: Recommendations for ICSC attraction efforts in the next 2 months.

4. [PROVIDED BY CITY]: Recommended programs to retain the community’s retail culture, and attract new retailers in entertainment, experiential, and family-oriented retail. o For bullet points 2, 3, and 4, Tierra West may suggest additional recommendations to the Economic Development Director.

ATTACHMENT C

5. Outreach to approximately 100+ companies of interest to the City and solicit a meeting at ICSC or via teams with City Economic Development Director. o Outreach will include at least one email, and at least two phone calls. o Notes and information related to this task will be recorded and shared with City. o Notes will include contact information such as name, organization, title, phone number, email address, office location, and a list of who they represent, if not themselves.

6. Development of a meeting schedule for ICSC, for two groups of staff and council members; focusing on meetings with priority retailers and developers as provided by City according to bullet points 2, 3, and 4.

7. Supplementary development of new marketing collateral items as needed.

Tierra West Advisors, Inc.

Hourly Rate Schedule 2026–2027
Classification Rate
Principal $245
Director $235
Senior Associate $225
Associate $185
Senior Analyst $150
Analyst $135
Research Assistant/Technician $120
Clerical / Support $60
Administration 10% Charge
Administrative costs (e.g., printing beyond five copies, special insured certificates, messenger services, overnight mail) will be billed at actual cost plus a 10% surcharge. Routine telephone, email, and incidental photocopying are included at no additional cost.

NOT TO EXCEED: $25,000.00
Tierra West will inform the City, on each invoice, of the cumulative percentage of budget spent.

Note that the invoices are delivered at least one month in arrears.

For each scope, all hours will be billed on a time/materials basis, with regular City Staff check-ins on project updates and completion benchmarks. We look forward to the opportunity to further collaborate with the City of South El Monte on these priority economic development endeavors.

Please feel free to contact us directly at (323) 265-4400 or email [email protected] should you have any questions or require additional information.

Thank you for considering Tierra West Advisors for these assignments. We are confident in our ability to deliver exceptional results for the City of South El Monte and its regional stakeholders.

Sincerely,
Tierra West Advisors, Inc
John N. Yonai Rob Hoffman Jane McFarren
Principal Associate Associate

City Council Agenda Report
Agenda Item No. 10.f.

DATE: March 17, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF ONE (1) ADVANCEMENT OF WOMEN

AND GIRLS COMMISSIONER
SUMMARY: Appointment to be made of one (1) Advancement of Women and Girls Commissioner.

RECOMMENDED ACTION: Staff recommends City Council consider appointing one (1) individual seeking appointment to the Advancement of Women and Girls Commission for a one-year term ending January 31, 2027.

FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.

DISCUSSION: The Advancement of Women and Girls Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council.

This appointment is for a one-year term commencing on February 1, 2026, pending clearance of Live Scan background check.

The City Council is to make one (1) appointment. The City received three (3) applications.

Seeking Appointment:
- Karina Murillo
- Sophia M. Sosa
- Rocelyn Islas

ATTACHMENT(S):

A. Karina Murillo
B. Sophia M. Sosa
C. Rocelyn Islas

City Council Agenda Report
Agenda Item No. 10.g.

DATE: March 17, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: APPOINTMENT OF ONE (1) PATRIOTIC COMMISSIONER
SUMMARY: Appointment to be made of one (1) Patriotic Commissioner.

RECOMMENDED ACTION: Staff recommends City Council consider appointing one (1) individual seeking appointment to the Patriotic Commission for a one-year term ending January 31, 2027.

FISCAL/FINANCIAL IMPACT: Commissioners receive a monthly stipend of $100 for each month in which a commissioner attends at least one meeting. Funds have been budgeted.

DISCUSSION: The Patriotic Commission is a five-member commission consisting of five city residents appointed by a majority of the City Council. This appointment is for a oneyear term commencing on February 1, 2026, pending clearance of Live Scan background check.

The City Council is to appoint one (1) Patriotic Commissioner. The City received three (3) applications.

Seeking Appointment:
- George Retamoza
- David Ian Barela
- Jackie Cabral

ATTACHMENT(S):

A. George Retamoza
B. David Ian Barela
C. Jackie Cabral

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

DATE: March 17, 2026
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 THE MONTEBELLO BREWERS

CORPORATION REQUESTING A FACILITY FEE WAIVER
FOR THE USE OF DEAN L. SHIVELY PARK FIELD AND NEW

TEMPLE PARK FIELDS AND CONSIDERATION TO HOST
TWO BASEBALL TOURNAMENTS IN 2026
SUMMARY: The Montebello Brewers Baseball Corporation ("Brewers") is requesting a facility fee waiver for the use of Dean L. Shively Park and New Temple Park fields to host their 2026 season practices and games. In addition, the Brewers are requesting approval to host two baseball tournaments.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider:

1. The facility fee waiver request for the use of Shively and New Temple Park fields in the estimated amount of $64,225.00; and

2. The Brewers request to host two baseball tournaments.

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 estimated amount of $64,225.00 and the Brewers will be responsible for all remaining costs associated with the reservation, including but not limited to, light fees, insurance coverage, and refundable damage deposits.

The cost associated with the reservation may change based on the modifications to the reservation. However, any increases in the requested fee waiver amounts will require City Council approval and must be submitted in a timely manner by the Brewers in writing.

Please reference Attachment A — Fiscal Impact Chart Montebello Brewers Baseball, summarizing the cost details associated with the fee waiver request.

DISCUSSION: The Brewers are a certified non-profit organization that invites boys between the ages of eight to sixteen (8-16) to try out for their competitive travel baseball program. In recent years, the City has sponsored the program by waiving the facility use fees for the fields at Shively and New Temple Park.

The Brewers are requesting a fee waiver for the use of the fields at Shively and New Temple Park to host their 2026 season practice, games and tournaments. The fee waiver includes the rental of the five (4) fields at New Temple Park and one (1) field at Shively Park for an estimated amount of $64,225.00. The Brewers' requested dates are as follows:

Dates: March 24, 2026, to June 30, 2026
Park: Dean L. Shively Park
Days: Tuesday, Wednesday, Thursday, Friday, Saturday
Times: Tuesday to Friday 6:00 p.m. to 8:30 p.m. / Saturdays 1:30 p.m. to 7:00 p.m.

Dates: July 14, 2026, to July 31, 2026
Park: Dean L. Shively Park
Days: Tuesday, Wednesday, Thursday, Friday, Saturday
Times: Tuesday to Friday 6:00 p.m. to 8:30 p.m. / Saturdays 1:30 p.m. to 7:00 p.m.

Dates: August 4, 2026 to December 6, 2026
Park: New Temple Park
Days: Monday, Friday, Saturday
Times: Monday & Friday 6:00 p.m. to 8:30 p.m. / Saturdays 8:00 a.m. to 4:00 p.m.

In addition, the Brewers are requesting to host two baseball tournaments. The proposed Breast Cancer Awareness Tournament is scheduled for Saturday, October 17, 2026 and Sunday, October 18, 2026, which will raise funds that will be donated to the City of Hope.

The proposed Toys for Tots Tournament is scheduled for Saturday, December 5, 2026 and Sunday, December 6, 2026, which collects toys that will be partially donated to the South El Monte Christmas Wish Toy Giveaway event.

If the Brewers request is granted, the Brewers must allow use of the fields to any request received from a South El Monte-based organization or program during their approved reservation time.

ATTACHMENT(S):

A. FISCAL IMPACT CHART BREWERS
B. MONTEBELLO BREWERS RESERVATION APPLICATION
C. FEE WAIVER REQUEST LETTER - BREWERS

ATTACHMENT A
Fiscal Impact Chart Montebello Brewers Baseball
Waived Facility Rental Fee
Fee Description Units Total
Shively Park Field $50/hr x 358.5 hours $17,825.00
New Temple Park Fields (4) $50/hr x 232 hours x 4 Fields $46,400.00 Total: $64,225.00
Non- Waived Fees
Fee Description Units Total
New Temple Park Refundable
Damage Deposit
$500.00 $500.00
New Temple Park Insurance
Coverage
Agency will Provide N/A
Shively Park Refundable Damage
Deposit
$500.00 $500.00
Shively Park Insurance Coverage Agency will Provide N/A Total: $1,000.00
Fee Description Units Total
New Temple Park Light Fees (4) $6/hr x 57 hours x 4 Fields $1,368.00 Shively Park Light Fees $30/hr x 112.5 hours $3,375.00
Total: $4,743.00
 Amount may vary due to additional request or cancellation

ATTACHMENT B

To the respected board members of City of South El Monte The Brewer Baseball Organization is non-profit travel baseball organization whose president has been a resident of your city for as many years as he has been president (30+ yrs. and counting).

Brewers have paid all costs requested of the city for field usage. We are coming to you today not asking for free fields but for a discount on rental charges. We are a non-profit organization and are paying over $1,000 monthly. We try to do as much as we can for our players, parents, and the wonderful city of South El Monte we represent.

We hold two major tournaments a year for in partnership with the City of South El Monte. October is our Cancer awareness tournament and proceeds are donated to St Jude hospital and City of hope in the name of Brewers and City of South El Monte. In December we hold our “Toys for tots” and have collected over 800 toys a year for the City of South El Monte.

Any support the city can give us with field costs would be much appreciated and in return we will continue to take care of the fields we use to assure they are in ready for next sport coming in to use them.

Thank you again to The City Of South El Monte for all of your support.

Brewers Baseball Organization

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

DATE: March 17, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Eric Diaz, Senior Executive Assistant
SUBJECT: LETTER FROM EPIPHANY CATHOLIC CHURCH

REQUESTING A FEE WAIVER FOR A TEMPORARY USE
PERMIT AND CITY STAFF TIME FOR THEIR 2026 SILENT
MARCH
SUMMARY: Epiphany Church is requesting a fee waiver for a Temporary Use Permit (TUP) and for City staff time dedicated to public safety support during its 2026 Silent March procession, scheduled for Friday, April 3rd, 2026.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider approving the fee waiver request submitted by Epiphany Catholic Church, totaling $1,441.68.

FISCAL/FINANCIAL IMPACT: The fiscal impact of this action is a total waiver of $1,441.68 which includes two components: $1,250 for the Temporary Use Permit (TUP) fee and $191.68 for City personnel labor costs dedicated to public safety support.

DISCUSSION: Epiphany Catholic Church will host a silent march on Friday, April 3rd. The silent march will begin at 7:30 pm and proceed through the streets surrounding the parish. The parishioners will push a cart with an image and feature just one individual with a drum alongside in support of these processions. Epiphany is requesting a fee waiver for the Temporary Use Permit and the public safety staff time required. The event will be supported by two to three officers for 1 to 1.5 hours on Friday evening at a rate of $84 per hour, resulting in a cost range of $100 to $191.

The work schedules of public safety and code enforcement officers will be adjusted to minimize overtime when feasible, in order to implement a traffic detail plan that provides a safe route and ensures participant safety. Epiphany Church has completed and submitted a Temporary Use Permit application in compliance with the City's Municipal Code, along with a certificate of liability insurance naming the City as additionally insured.

The permit includes specific conditions the church must follow to remain in compliance.

Epiphany Church also worked with City staff to establish a secure route for the procession, ensuring the safety of participants, the public, and South El Monte residents.

ATTACHMENT(S):

A. LETTER FROM EPIPHANY - RECORRIDO DEL SILENCIO 1
B. RECORRIDO MARCHA DEL SILENCIO
C. Epiphany Certificate of Liability
D. EPIPHANY SILENT MARCH Staff Totals as of 3.11.26

ATTACHMENT A

ROUTE OF THE SILENT MARCH

ATTACHMENT B

ATTACHMENT C

Last Name First Name Primary position Step Hourly Rate OT Rate OT Rate hours
to be worked Total OT OT NS-Rate
OT NS Rate
hours to be
worked Total OT NS FY26 FICA FY26 MED

DISABILITY &

LIFE MEDICAL VISION DENTAL
PERS
% PERS Benefits Total Total OT Fiscal Impact
Rodriguez Raul Code Enf. Supervisor E $ 50.503776 $ 75.755664 0 $ - $ 77.255664 0 $ - $ - $ - $ - $ - $ - $ - 0.1418 $ - $ - $ - Pitones Daniel Code Enforcement D $ 40.449320 $ 60.673980 0 $ - $ 62.173980 1.5 $ 93.26 $ 5.78 $ 1.35 $ - $ - $ - $ - 0.0796 $ - $ 7.13 $ 100.40 Olivos Antonio Code Enforcement B $ 36.688730 $ 55.033095 0 $ - $ 56.533095 1.5 $ 84.80 $ 5.26 $ 1.23 $ - $ - $ - $ - 0.0796 $ - $ 6.49 $ 91.29 $ 191.68

ATTACHMENT D

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

DATE: March 17, 2026
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 HIGH SCHOOL GIRLS

BASKETBALL PROGRAM REQUESTING A FACILITY FEE

WAIVER FOR THE USE OF THE COMMUNITY CENTER

AMPHITHEATER AND ALL THE FEES ASSOCIATED WITH

THE RESERVATION
SUMMARY: The South El Monte High School Girls Basketball Program ("SEMHS Girls Basketball") is requesting a facility fee waiver for the use of the South El Monte Community Center Amphitheater to host their end of the season banquet. In addition, SEMHS Girls Basketball is requesting that the City Council consider waiving all the fees associated with the reservation.

RECOMMENDED ACTION: Staff recommends that the City Council discuss and consider:

1. The requested facility fee waiver for the use of the Community Center Amphitheater in the amount of $375.00; and

2. The request to waive the non-waived fees associated with the reservation in the amount of $927.50.

FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fee in the amount of $375.00 and SEMHS Girls Basketball will be responsible for the remaining cost associated with the reservation, including but not limited to damage deposits, staff time, and cleaning fees.

If the City Council approved waiving all the fees associated to the reservation, the City would allocate $927.50 from the General Fund.

Please find below a chart detailing the cost related to the facility fee waiver and reservation.

Waived Fees
Fee Unit Total
Facility Rental Fee $50 per hour x 3.75 hours $375.00
Total: $375.00
Non-Waived Fees
Fee Unit Total
Staff Fee $17 per hour x 2 staff x 3.75
hours
$127.50
Cleaning Fes Flat Rate $300.00 $300.00
Refundable Damage
Deposit
Flat Rate $500.00 $500.00
Total: $927.50
DISCUSSION: The City has been a long-time sponsor and supporter of South El Monte High School student sport programs. The SEMHS Girls Basketball program wishes to host their annual end-of-the-season banquet celebrating a successful year, honoring coaches, and awarding players. The SEMHS Girls Basketball program is requesting a facility fee waiver for the use of the Community Center Amphitheater to host their banquet on Saturday, April 18, 2026 from 6:00 p.m. to 9:45 p.m.

Community partners, non-profit organizations, and local school districts qualify to request a facility fee waiver which solely cover the facility's rental fees. All other related reservation fees, including but not limited to, staff time, damage deposits, and cleaning fees are the responsibility of the organization. SEMHS Girls Basketball is requesting that the City Council consider waiving all the fees associated with the reservation (non-waived fees), including staff time, damage deposits, cleaning fees, in the amount of $927.50.

The City Council has the discretion to approve or deny any request not approved in the Facility Reservation Regulations and Fee Schedule.

ATTACHMENT(S):

A. Letter from South El Monte High School Girls Basketball Program B. Reservation Application

ATTACHMENT A
Mayor and City Council
South El Monte City Hall
1415 Santa Anita Ave
South El Monte Ca, 91733
Ronald Saldana
South El Monte High School
Head Coach
March 11, 2026
Dear City Council,
The South El Monte High School girls basketball program is requesting the use of your community center app theater for our banquet on April 18, 2026 from 6 PM to 9:46pm We will welcome our families from this year’s varsity and Junior varsity teams to honor the girls on this past season for making CIF playoffs and having a successful year, we would also like to honor our three girls for making all Mission Valley league as well as our JV team for being league champions while also honoring our hard-working, volunteer coaches, managers, and scorekeepers for the hard work they put in throughout the year we will be expecting about 100 people in attendance. Lastly, are organization is requesting A fee waiver from the city Council for any cost associated with the rental of the community center amphitheater we are extremely appreciative of these considerations
Sincerely Ronald R Saldana
Head Coach

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.ci.south-el-monte.ca.us

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 _x__ 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: _April 18, 2026_ Day(s): __Saturday ______ Estimated Attendance: _100____ Purpose of Event/Function: _Basketball Banquet __________________________________________________________ Reservation Time: 6:00 pm to 9:45 pm Set up Time: 6:00 pm to 7:00 pm Kitchen Hours: NA to NA Clean up Time: 9:00 pm to 8:45 pm Will the event be open to the public? __no___
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: Ronald Saldana Organization/Business: SEMHS Basketball Address: City: Zip Code:

Home Phone: Work Phone:

Cell Phone: Email:

ATTACHMENT B

Last update 7/11/18 Page 2 of 5
City of South El Monte Recreation Services Department
APPLCIANT NAME: Erin Lui Temple City Sheriffs_______ DATE OF USE: Thursday, June 12, 2025_________ FACILITY: South El Monte Senior Center_____________________________________________________

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
Field Use Fee $ _100__ x _____3.75___ Hours $ 375.00
Staff Fee $ ___17____ x __2__ Staff x __3.75__ Hours $ 127.50 Security Guard Fee $ ________ x ________ # Guard (s) x ____ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ 300.00
Damage Deposit $ 500.00
Insurance Premium Certificate Agency has Provided $ NA
Liquor Premiums $ NA
Inflatable Bouncer $ NA
ABC Permit $ Na
TOTAL: $ 1,302.50
# of Round Tables: ___0______ 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. *For organizations/businesses that do not carry general liability insurance, special event liability insurance can be purchased through the City/Alliant Insurance.

Last update 7/11/18 Page 4 of 5
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 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 pre-approved 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.

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

Last update 7/11/18 Page 5 of 5

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: ______________________

City Council Agenda Report
Agenda Item No. 13.a.

DATE: March 17, 2026
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: MAYOR GLORIA OLMOS

1. Follow up on last year's and this year's financials for ERA with a request stating that if they cannot produce
financials, they will pay back the City $55,000 that was gifted to them. As a non-profit, it should be a public record; there is no record of it.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 13.b.

DATE: March 17, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: COUNCILEMBER MANUEL ACOSTA

1. Usage of the Pylon Sign Adjacent to Santa Anita Avenue and 60 Fwy
Discussion/Action: The old Ramada hotel was built in
1991 that included a Pylon Sign adjacent to the 60
fwy. Was the Pylon Sign built independently with its own CUP (Conditional-Use Permit)? If so, can this sign be
used as an alternative to the pylon sign being planned for the new shopping plaza being built on Santa Anita
Avenue?

2. Investigation Into Alleged Misconduct by City
Councilmembers
Discussion/Action: In the Public Comment session of the March 3rd meeting, several speakers mentioned
incidents regarding councilmember misconduct. The City
Council should consider investigating these allegations.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 13.c.

DATE: March 17, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: MAYOR PRO TEM RUDY BOJORQUEZ

1. Discussion/Action to open an investigation on public comments made at the last City Council meeting that
Rustic and Chic was bribing council members since 2023
to extend their CUP.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None