Agenda
Regular Meeting of the
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority
Wednesday, February 23, 2022
5:00 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION
Alicia Romero
Mayor
Ana Maria Quintana Monica Arroyo
Vice-Mayor Council Member
Fidencio J. Gallardo A li Saleh Council Member Council Member
Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.
Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Co mmunity Center , 6 250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.
City Council Organization
There are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.
Addressing the City Council
If you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk p rior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.
Compliance with Americans with Disabilities Act
The City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588 -6211, Ext. 2615 , at least one business day prior to the scheduled meeting to ensure that we may assist you.
Statement Regarding Compensation for Members of the Bell City Council
Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.
Meeting of the
Bell City Council and Related Agencies
February 23, 2022
REGULAR JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
February 23, 2022
5:00 P.M. Closed Session
7:00 P.M. Regular Meeting
Call to Order
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero
Communications from the Public on Closed Session Items
This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF AB 361 WHICH ALLOWS FOR THE CITY
COUNCIL AND/OR CITY STAFF TO PARTICIPATE VIA TELECONFERENCE
On September 16, 2021, Governor Newsom signed AB 361, which modified the Brown Act to allow for teleconferencing participation at local legislative body public meetings during a proclaimed state of emergency. As urgency legislation, this law took effect immediately. Pursuant to Government Code section 54953(e)(1)(B), the City Council is holding its February 23, 2022 meeting via teleconferenc e. To ensure the health and safety of the public by limiting human contact that could spread COVID-19, the Bell Community Center will not be open to the public.
The public is encouraged to view the meeting through the City's website at http://www.cityofbell.org/?NavID=101
PUBLIC COMMENT: If you wish to make a comment you may provide input electronically through a temporary public comment email established for City of Bell City Council meetings [email protected]. Please indicate in the Subject Line “For Public Comment” and submit your written comment by 4pm on Wednesday, February 23, 2022. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
Public Comment could also be submitted by telephone by calling 1- 669-900-9128. To provide a comment on items listed on closed session call no later than 5PM , for the regular session of the agenda, please call no later than 7PM . City staff will be using the Zoom audio communication platform for this meeting. Each speaker is limited to 3 minutes and will be given the opportunity to speak in the order your phone call is received. After you submit your comment, you will be disconnected but will still have access to view the meeting live on the City’s website at http://www.cityofbell.org/?NavID=101
If participat ing via Zoom or phone, during the Public Comment Period, use the "raise hand" function on your computer or *9 by phone and wait for the Mayor to announce your name/phone number. When you are prompted, please unmute your line.
Join Zoom Meeting (ONLY FOR PUBLIC COMMENT)
Phone Number: 1-669-900-9128
Meeting ID: 885 8124 3911
Password: 626738
Meeting of the
Bell City Council and Related Agencies
February 23, 2022
Closed Session
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): Two Cases
b) Conference with Legal Counsel – Existing Litigation, Government Code Section 54956.9(d)(1), Terry Dixon vs City of Bell, (WCAB # ADJ10381296, WCAB# ADJ10381294)
Reconvene Regular City Council Meeting
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Gallardo, Saleh, Quintana and Romero
Pledge of Allegiance
City Attorney Report
The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.
Presentations and Recognitions
Update on City Grants by the Community Services Director
Communications from the Public
This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
Business Session
1. Comprehensive Annual Finance Report (CAFR) for fiscal year end date of June 30, 2021. (City Council)
Recommendation: It is recommended that the City Council receive and file this report.
Meeting of the
Bell City Council and Related Agencies
February 23, 2022
2. Consideration to approve Amendment No. 1 with Tierra West Advisors for Successor Agency Administrative Services. (City Council)
Recommendation: It is recommended that the City Council approve Amendment No. 1 with Tierra West Advisors for Successor Agency Administrative Services in the amount of $36,000 per year from July 1, 2022, to June 30, 2023.
3. Contracts Quarterly Update and Contract Implementation Schedule (City Council)
Recommendation: It is recommended that the City Council receive and file this report.
4. Reimbursement Agreement for Shelter Beds within the Salvation Army Bell Shelter. (City Council)
Recommendation: It is recommended that the City Council approve in form the Reimbursement Agreement for Shelter Beds within the Salvation Army Bell Shelter, with the understanding that the final term length and the final cost will be updated in a final agreement to reflect the actual start date of the Measure H Innovation Fund pilot program.
The actual start date of the pilot program is dependent on the execution of this Agreement by the parties to the pilot program and the availabi lity of shelter beds in the Salvation Army Bell Shelter based on Los Angeles County Department of Public Health guidance for homeless shelters.
5. Social Services Collaborator Agreement with The Salvation Army. (City Council)
Recommendation: It is recommended that the City Council approve in form the Social Services Collaborator Agreement between The Salvation Army and the City of Bell, with the understanding that the final term length and the final cost will be updated in a fi nal agreement to reflect the actual start date of the Measure H Innovation Fund pilot program.
The actual start date of the pilot program is dependent on the execution of agreements by the parties to the pilot program and the availability of shelter beds i n the Salvation Army Bell Shelter based on Los Angeles County Department of Public Health guidance for homeless shelters.
6. Consideration to Authorize the City Manager to begin emergency repairs at 4500 Gage Ave. (City Council)
Recommendation: It is recommended that the City Council:
1. Approve the City Manager or his designee to execute a contract with ATI Restoration, LLC in the amount of $208,575.10 for the mitigation of fire debris and demolition work in conjunction with insurance claim process; and
2. Read by title only, waive further reading and adopt Resolution 2022-16 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE A CONTRACT WITH ATI RESTORATION, INC.
FOR THE 4500 GAGE AVE DEMOLITION PROJECT
Meeting of the
Bell City Council and Related Agencies
February 23, 2022
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 7 through 11.
7. It is recommended that the City Council authorize the Acting City Manager to execute the Deed Restriction for the property located at 3700 E. Gage Ave. for the Los Angeles County Regional Park and Open Space District (RPOSD) Measure A Grant for the Development of Ernest Debs Park Gym Rehabilitation Project. (City Council)
8. Receive and File the Donation Report for the month of January 2022. (City Council)
9. Receive and File the City of Bell and Successor Agency Investment Reports as of January 2022. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
10. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated February 23, 2022 . (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
11. Minutes for the Regular City Council Meeting s of June 23, 2021 and February 9, 2022. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Pending Items – None
Next Regular Meeting, Wednesday, March 9, 2022
I, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted on February 18, 2022 at least seventy-two (72) hours prior to the meeting as required by law.
________________________________
Angela Bustamante, City Clerk
REGULAR MEETING OF THE
BELL CITY COUNCIL AND RELATED AGENCIES
February 23, 2022
5:00 P.M. Closed Session
7:00 P.M. Regular Session
INDEX
Agenda Category Item Number Page Numbers
CLOSED SESSION a & b
AGENDA & INDEX 1-7
PUBLIC HEARING(s) None
BUSINESS SESSION 1 8-190
2 191-232
3 233-239
4 240-275
5 276-288
6 289-349
CONSENT CALENDAR 7 350-375
8 376-377
9 378-464
10 465-576
11 577-596
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AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF BELL (“City”), a California charter city, and TIERRA WEST ADVISOR, INC. , a California corporation (“Consultant”), is effective as of the ______ day of _______________ 2022.
RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated June 12, 2019 (“Agreement”) whereby Consultant agreed to provide certain redevelopment dissolution and successor agency advisory services (the “Services”).
B. The Term of the Agreement was from June 12, 2019 to June 30, 2022 with two (2) one-year extensions in the City’s sole and absolute discretion (per Exhibit D).
C. The total maximum compensation due under the Agreement was $108,000, with an annual not to exceed of $36,000 from the date of the agreement to June 30, 2020 (“Year One”), and $36,000 per fiscal years 2020-2021 and 2021-2022 (“Year Two” and “Year Three” respectively).
D. By this Amendment No. 1, the City and Consultant now desire to extend the term of the Agreement by one additional year, from July 1, 2022 to June 30, 2023, exercising (1) of its first two (2) one-year extensions. Amendment No. 1 will also increase the Contract Sum by $36,000 from $108,000 to $144,000, to account for the one year term extension.
E. Except as amended hereby, this extension is subject to the same terms and conditions as provided in the Agreement.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough. a. Section 2.1, “Contract Sum,” is hereby amended and shall now read as follows:
“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 $108,000 (One Hundred Eight Thousand Dollars) $144,000 (One Hundred Forty Four Thousand
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Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
b. Section III of Exhibit “D,” is hereby amended and shall now read as follows:
“III. This Agreement shall continue in full force and effect until the end of the 2021- 2022 2022-2023 fiscal year. At the City’s sole and absolute discretion, the City may extend the term for two (2) additional one-year fiscal years. one (1) additional fiscal year.
2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendments No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective r ights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
_________________________________
Alicia Romero
Mayor
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :
TIERRA WEST ADVISORS, INC., a
California corporation
By: ___________________________
Name: John Yonai
Title: Principal/Partner
By: ___________________________
Name: Rose Acosta Yonai
Title: Principal/Partner
Address:
2616 East 3 rd Street
Los Angeles, CA 90033
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED
BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
01135.0001/764738.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/764738.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
T
HIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of March ____, 2022 (“Effective Date ”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS , a California general law city (“ Bell Gardens”),the CITY OF COMMERCE , a California general law city (“Commerce”), the CITY OF CUDAHY, a California general law city (“Cudahy”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD , a California general law city (“Maywood”), the CITY OF SOUTH GATE , a California general law city (“South Gate”), and the CITY OF VERNON, a California charter city and municipal corporation (“Vernon”), collectively referred to herein as the “LCA1 Members” and/or the “Parties”.
RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon , are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for sub regional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.
B. Los Angeles County ( First and Fourth Supervisorial Districts) (“County”) will separately participate with T he Salvation Army for the same services as set forth herein pursuant to separate agreement s directly with the Salvation Army Bell Shelter.
C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 9020, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services wi thin such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended provide a safe and supportive twenty- four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The
01135.0001/536707.2 -2-
number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.
D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and hous ing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.
E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System ( “HMIS”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.
F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES ”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.
Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.
G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.
H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.
I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.
The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salva tion Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions.
01135.0001/536707.2 -3-
J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.
K. To this end, the City of Bell and The Salvation Army , a California corporation (“Salvation Army”) have entered into an agreement, dated March ____, 2022, as set forth in Exhibit A (the “Salvation Army Agreement ”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.
L. Separately, the City of Bell , as lead agency, appl ied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by fifty percent (50%) from $999,324 to $499,324. In return for the Measure H Grant award, the LCA1 M embers agree that if the thirty -six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty -six (36) Shelter Beds, which is eighteen (18) out of the thirty -six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.
M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison ”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.
N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing . If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
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O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement . If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell) . The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities , in ord er to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (9 0%) occupied during the term of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.
Section 2. Term; Termination.
(a) The term of this Agreement will commence on March 1, 2022 and end on June 30, 2023 (the “Term”) for a total of 487 days.
(b) In addition, t his Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.
The City of Bell, as lead agency, may replace any party that terminates this A greement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately av ailable to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.
Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly
01135.0001/536707.2 - 5-
amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.
As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.
Total Agreement Cost
The total cost of the Salvation Army Agreement is $999,324 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 487 days.
The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of th is Agreement to $499,324.
Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds at a cost of $117,420. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds at a cost of $ 58,710, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program.
The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8
th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $62,415.50 of the total Agreement of $499,324.
Monthly Invoice
The City of Bell, as lead agency , will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.
Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect
01135.0001/536707.2 -6-
Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty -six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or t hirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department , etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed avail ability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the forty (40) prioritized Shelter B eds under the Salvati on Army Agreement. The LCA1 Members acknowledge and agree that the thirty -six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. E ach day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty -six (36) prioritized Shelter B eds, cooperation and communication between the Parties is essential. Informal a nalysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless
01135.0001/536707.2 -7-
Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.
Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receivin g housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID -19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need . The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36 ) Shelter B eds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM , Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.
After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell S helter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID -19 protocols, after hours intake should only be for emergency situations. An after -hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days . Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) i f an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If
01135.0001/536707.2 - 8-
a participant is not vaccinated, they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure a llocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: t he Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
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Section 6. Defaults and Indemnification Provisions.
(a) D efaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties , and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties . To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respectiv e officers, employees and agents 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 that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds , the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.
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Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other P arties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, 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 attorneys’ fees. (c) Integration; Amendments . This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement) . It is understood that there are no oral agreements between the Parties hereto af fecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement ), 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 City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) 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. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each 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 A greement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
____________________________________
Name:
Title:
A
ddress: City Hall; 6330 Pine Ave, Bell, CA
90201
A
TTEST:
_________________________________
Angela Bustamante, City Clerk
AP
PROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney
01135.0001/536707.2
CITY:
CITY OF BELL GARDENS,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF COMMERCE,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF CUDAHY,
a California general law city
By: ____________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
01135.0001/536707.2
_________________________________
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:
Title:
Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:
Title:
01135.0001/536707.2
Address: _________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF VERNON,
a California charter city
By: ____________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
Last updated 04/11/2014; v.1.00
AGREEMENT
THIS AGREEMENT (“Agreement”) is made by and between (1) The Salvation Army, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 (“TSA”), acting through its Bell Shelter; and (2) The City of Bell, a California Municipal Corporation (“Collaborator”). (Collectively, TSA and Contractor shall be referred to as “the Parties,” and either individually shall be a “Party.”)
WHEREAS TSA and Collaborator have identified substantially similar goals to serv e the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: Individual
Sole proprietorship
Corporation, nonprofit for profit
organized under the laws of the State of
Partnership
organized under the laws of the State of
Government Agency
Employer Identification Number: .
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties’ individual operations. TSA shall provide the services described in Exhibit "A", and Collaborator shall provide the services described in Exhibit "B", both attached hereto
and made a part hereof as though set forth in full.
2. No Partnership, No Joint Venture, No Employment. Each Party represents that it does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party.
Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party (“Furnishing Party”), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party’s exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers’ compensation, federal or state tax– withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers’ compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees.
EXHIBIT A
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c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other , that the Parties’ status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3) neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from March 1, 2022 to June 30, 2023. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days’ written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Payment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $57 per bed night for 36 beds during the Term, which covers a
total of 487 days. The maximum compensation payable under this agreement shall be $999,324. TSA will submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the “Indemnifying Party”) shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the “Indemnified Party”) from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
Commercial General Liability insurance; said policy shall be writt en wi th limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Liability i nsurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
Professional Liability insurance; said policy sha ll be written with limits no less than $1,000,000 per claim.
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Initials ____________/____________.
b. Collaborator is and shall remain a member of a joint powers insurance authority throughout the term of this Agreement as required by law and within minimum limits described more particularly below:
Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Li ability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
7. Additional Provisions. Collaborator acknowledges that this Agreement of one or more agreements for funding, attached hereto as Exhibit(s) Initials ____________/____________.
is is not subject to the provisions
and made a part hereof as though
set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ____________/____________.
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance
with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon
reasonable written notice or as required by law. Each
Party agrees that any documents
or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentiality. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided
under this contract does does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between
the Parties, which if implicated is attached hereto as Exhibit "C" and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate a sub-Agreement with these cities in consultation with TSA and which sub-Agreement will be subject to TSA final written consent.
11. No Third-Party Beneficiary. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12 . Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business
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associations by which the disclosing Party benefits, directly or indirectly, or has an intere st, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law . This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreement s, promise s, representations, understanding , and negotiations, whether written or oral, including without limitation any previous version of this or any other document, signed or unsigned, including correspondence and emails. Any revisions to this Agreement shall be in writing and executed and dated by authorized representatives of both Parties hereto.
15. Severability. If any provision herein shall be held to be invalid or unenforceable for any reason, the remain ing provisions shall continue to be valid and enforceable. If a court finds that any provisi on of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Notices. Written notice by either Party to t he other shall be effective three business days after mailing by registered mail to:
If to TSA:
The Salvation Army Bell Shelter
Attn: Steve Lytle
5600 Rickenbacker Road, Bldg. 2A/B
Bell, CA 90201
with copy to
The Secretary for
Business Administration
The Salvation Army
180 East Ocean Boulevard
Long Beach, California 90802
If to Collaborator:
City of Bell
Attn: City Manager's
Office
6330 Pine Avenue
City of Bell, California 90202
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date last below written:
THE SALVATION ARMY
a California corporation
By: _______________________
The City of Bell, a California
Municipal Corporation, Collaborator
By: ______________________
Last updated 04/11/2014; v.1.00
Its: _______________________ Its: _______________________ Dated:_________________
Attest: _______________________
Its: _______________________
Dated:_________________
EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Thirty six (36) Reserved Crisis/Bridge Housing Beds for single adult (age 18+) participants referred by the City of Bell. (An additional 6 beds will be contracted directly with Los Angeles County Supervisorial Districts 1 and 4 under separate agreements.) Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis provided the participant is actively working on a housing plan with his/her case manager. The Salvation Army Bell Shelter has the right not to extend the stay of any participants beyond any 30-day period or extension if the individual is not actively working with his/her case manager on a housing plan.
In addition, The Salvation Army Bell Shelter has the right to terminate services for any participant according to the shelter’s established Termination Policy.
We will provide at least
three (3) referrals to other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis or Bridge Housing beds; as such they are operated with a low barrier/low demand, trauma-informed program design. This means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. Some beds will be available in a sober living environment in a separate building for participants who choose a sober living environment. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as “homeless”, have a history of arson, or are registered sex offenders. 2) Comprehensive Supportive Services for up to thirty-six (36) participants at any time utilizing the City of Bell reserved Crisis/Bridge Housing beds include, but are not limited to:
- intake processing – including working collaboratively with the Homelessness Coordinator - outreach coordination with representatives of the City of Bell (Homelessness Coordinator, law enforcement, Community Services, etc.)
- program orientation
- comprehensive needs assessment – psychosocial assessment focusing on identification of strengths and areas of growth, which is used as a basis to inform the development of an individualized case plan
- individualized case management with development of an Individualized Service Plan including a Housing Plan
- referrals to health care/mental health services – currently, health care, including COVID-19 vaccination and testing, primary care and referrals, TB testing, etc. is provided on-site by JWCH Institute
- substance abuse supports – including referrals to outpatient treatment programs, AA/NA/CA groups, and referrals to on-site residential treatment program - life skills classes – including household budgeting, anger management, coping skills, landlord/tenant issues, conflict resolution
- employment supports and job referrals
- transportation assistance – including, when staffing allows, pick-up of individuals for intake who are referred by the City of Bell or its subcontractors; as well as van transportation, bus passes, and taxi vouchers, according to participant needs and availability - benefits advocacy – including SSI/SSDI, food stamps, Medi-Cal, housing vouchers, etc. - documentation preparation assistance – including helping participants obtain ID/driver’s license, birth certificates, verification of income and/or homelessness
- permanent housing placement assistance – including assistance with identifying housing opportunities, assisting clients identify voucher and other housing assistance programs, and assisting with landlord negotiations.
3) Operational Services/Supports for up to thirty-six (36) participants at any time include, but are not limited to, three (3) hot, nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, access to indoor and outdoor recreational facilities, and social/holiday events.
4) COVID-19 – Public Health Protocols and Collaboration – The Salvation Army Bell Shelter will continue to work closely in collaboration with the Los Angeles County Department of Public Health DPH) to mitigate potential spread of infection/disease related to the ongoing COVID-19 global pandemic. Proactive measures have and will be taken to operate programs and facilities according to DPH, CDC, and California Department of Public Health guidelines and directives, including following Public Health Orders that may be issued by State and Local officials from time to time. These efforts will be geared toward protecting the health and well-being of all participants and staff and the continued smooth/safe operation of the program and facility, while minimizing disruptions to service delivery and intake process for new participants. 5) Measurable Outcomes – The Salvation Army Bell Shelter will strive to inspire success for all participants. The measurable outcomes for this grant are as follows:
(a) 100 unduplicated individuals will be served each year during the term. (b) 20% of participants (of those able to work – e.g. not disabled or retired) will be employed by exit date.
(c) 30% of participants will exit to permanent housing. (d) 85% of participants will complete a Housing Plan.
(e) 10% of participants will exit to another level of care (DMH IHP, other stable temporary housing location). *(Note: we will redirect any Veterans who are referred to this program to our existing VA beds, so they would not enter the project and would not be counted in this measure. We can’t do the same for DMH, because the participant needs to be screened and enrolled by DMH before they can transfer to the DMH Interim Housing Program at Bell Shelter or another facility.)
EXHIBIT B
The City of Bell shall provide the following:
1) Referrals of individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Thirty-six (36) beds will be reserved for participants referred by the City of Bell, with an additional six (6) beds contracted separately with Los Angeles County – First and Fourth Supervisorial Districts.
No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. Based upon staff availability at any given time, The Salvation Army Bell Shelter, will make every attempt to provide pick-ups or other transportation support for participants referred by the City of Bell. 3) Payment at the rate of $57 per bed per night for thirty-six (36) reserved beds, paid monthly in arrears upon the presentation of an invoice.
EXHIBIT C
Confidentiality
As stipulated in the Agreement between the Parties, the Parties agree to treat all information related to participants served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the participant.
The nature of the services provided under this contract implicates the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which are described herein.
The Parties agree individually to develop and implement written procedures to ensure:
1. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual who applies for and/or receives assistance will be kept secure and confidential.
2. The name, personal information, or location of any program participant will not be disclosed without written consent of the participant.
3. A standardized Release of Information form will be used to document participant consent for the release of confidential information. See copy attached, which by reference is made a part hereto of the Agreement.
The Salvation Army Bell Shelter
RELEASE OF INFORMATION CONSENT FORM
Name: DOB: SSN:
I am hereby authorizing the release of the information listed below to the agencies named. I further express my knowledge that this release is in effect while I am in the shelter program and for a period of one (1) year after my discharge from the program. I understand that I may cancel the permission for release in writing at any time. I know that any release of information beyond that listed below must be accompanied by a specified signed release, and that any information will be accompanied by a cover sheet with the following statement:
CONFIDENTIALITY
This information has been disclosed to you from records whose confidentiality is protected by Federal Law. Federal regulations (42CFR part 2) prohibit you from making any disclosures of it without specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. A general authorization for release of medical or other information is NOT sufficient for this purpose.
INFORMATION THAT MAY BE RELEASED:
Name, Date of Birth, Social Security Number, Admission Date, Current Status, Financial, Medical Information.
AGENCIES INFORMATION MAY BE RELEASED TO: YES NO INITIALS DPSS, SDI, SSDI (welfare):
Health Care Provider, Paramedics, County Hospital:
Social Security Administration:
Veteran’s Administration:
DCFS Worker: (specify)
Parole and/or Probation Officer: (specify)
Mental Health Provider: (specify)
City of Bell:
Other (specify):
Client Signature Date
_______________________________________ ______________________________ Staff Signature Date
Narrative Timeline
1/5/21 The City of Bell, in partnership with the cities of Maywood, Cudahy, and Commerce, hires a shared Homeless Services Liaison with a $123,770 Measure H grant provided by the Gateway Cities Council of Governments. This partnership initiates a cooperative multi-city response to homelessness in the four-city Southeast Los Angeles area.
6/23/21 Salvation Army Bell Shelter notifies City of Bell staff that forty (40) shelter beds may become available due to an expiring contract. The City of Bell had previously asked the Salvation Army in April of 2020 to notify the City of Bell if any shelter beds became available due to expiring contracts at the Bell shelter.
6/29/21 City of Bell staff expresses interest to the Salvation Army in contracting for shelter beds, if a larger subregional group of cities agrees to coordinate homeless services and join in sharing of costs for the shelter bed agreement.
7/20/21 Salvation Army provides City of Bell with a draft agreement version #1 for shelter beds for the City Council to review.
7/28/21 Bell City Council provides approval for staff to initiate subregional negotiations on homeless shelter beds with surrounding cities.
7/29/21 City of Bell requests assistance from the Gateway Cities Council of Governments Homeless Program Manager to determine interest from the LCA1 subregion cities (Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon) in a coordinated cost sharing agreement for forty (40) homeless shelter beds in the Salvation Army Bell Shelter.
8/3/21 Gateway COG Homelessness TAC meeting
8/4/21 LCA1 cities meeting organized by Gateway COG
8/5/21 Bell and Gateway COG Homelessness Program Manager meeting
8/6/21 Bell, Salvation Army meeting
8/9/21 Bell, Salvation Army, Gateway COG meeting
8/9/21 Distribution of draft Bell, Salvation Army shelter bed agreement version #1 to LCA1 cities for comments
8/10/21 Gateway COG Homelessness TAC working group meeting
8/12/21 Bell, Salvation Army meeting
8/14/21 D raft agreement version #2 for shelter beds developed, as LCA1 cities determine metrics and review cost sharing options
8/17/21 Gateway COG Homelessness TAC working group meeting
8/18/21 LCA1 cities meeting
8/25/21 LCA 1 cities meeting organized by Gateway COG
9/1/21 Bell, Vernon meeting
9/1/21 Bell contacts LA County Supervisorial District 1 (Solis) to determine interest in developing shelter bed agreement
9/3/21 Bell, Salvation Army meeting
9/10/21 Bell, LA County Supervisorial District 1 meeting to discuss inclusion of the unincorporated communities of East Los Angeles and Walnut Park.
9/10/21 Distribution of draft cost reimbursement agreement version #2 to LCA1 cities and LA County Supervisorial District 1 for comments
9/13/21 City of Bell submits grant application to Gateway COG for Measure H Innovation grant funds for LCA1 cities and LA County Supervisorial District 1 shared use of shelter beds and shared Homeless Liaison
9/13/21 Bell, Gateway COG meeting
9/15/21 Second request by Bell for comments on the draft reimbursement agreement version #1 to LCA1 cities
9/15/21 Bell, South Gate meeting
9/15/21 Bell, Vernon meeting
9/16/21 Bell, LA County Supervisorial District 1 meeting
9/17/21 Bell, LA County CEO’s Office, LA County Supervisorial District 1, LA County Homelessness Initiative, Gateway COG meeting
9/22/21 Bell, LA County Supervisorial District 1 meeting
9/22/21 Gateway COG Homelessness TAC
9/22/21 Submittal of LCA1 comments to draft reimbursement agreement version #2 provided to Bell City Attorney and Salvation Army.
9/22/21 Gateway COG Homelessness TAC recommends funding of $500,000 in Measure H grant funds for City of Bell and LCA1 coordinating cities for shared use shelter beds; and $182,435 in grant funding for a renewal of the shared Homeless Liaison position for the cities of Bell, Maywood, Cudahy and Commerce.
10/1/21 Bell, Salvation Army meeting
10/4/21 Distribution of version #3 of draft reimbursement agreement to LCA1 cities for comments.
10/6/21 Gateway Cities Council of Governments Board of Directors approves the “Road Map Toward Ending Homelessness” which promotes a subregional approach to providing homeless solutions in the Gateway Cities
10/6/21 Gateway Cities Council of Governments Board of Directors approves the Gateway Cities COG Work Plan for LA County Homelessness Measure H Funds.
10/25/21 Request for comments from LCA1 cities on draft reimbursement agreement version #3.
10/26/21 Bell, Cudahy meeting
10/28/21 Meeting of LCA1 cities, Gateway COG, and LA County Supervisorial District 1 to discuss final draft reimbursement agreement – rescheduled to 11/4/21 due to Contract Cities Conference.
10/29/21 Bell, Maywood meeting
11/2/21 Bell, LA County Supervisorial District 1 meeting
11/3/21 Bell, Maywood, LA County CEO’s Office, LA County Homelessness Initiative, Gateway COG, LA County Supervisorial District 1 meeting
11/4/21 Bell, Maywood, Salvation Army, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting
11/4/21 LCA 1 cities reach consensus on final draft cost sharing agreement. Issues arise with LA County Supervisorial District 1 participation in cost sharing agreement.
11/5/21 Bell, Salvation Army meeting
11/9/21 Bell, Huntington Park meeting
11/24/21 Updated final draft agreement sent to Huntington Park as requested for additional review.
11/15/21 Bell, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting. Consensus reached on LA County Supervisorial District 1 participation through a separate social program agreement with the Salvation Army to simplify funding, and inclusion of additional program metrics in the final agreement. Final draft reimbursement agreement to be amended when LA County Supervisorial District 1 social program draft agreement is received, and draft Measure H grant funding contract is received from Gateway COG.
12/1/21 Final agreement edits sent to LA County Supervisorial District 1 and LCA1 cities with increased metrics and recalculated costs based on requests from LA County CEO’s office and LA County Homeless Initiative.
12/2/21 Bell, Vernon meeting
12/3/21 Bell, Salvation Army meeting
12/15/21 New Los Angeles County Supervisorial District Boundaries are adopted. The unincorporated community of East Los Angeles remains in District 1 (Solis), the unincorporated community of Walnut Park is moved to District 4 (Hahn).
12/16/21 Salvation Army provides updated agreement between the City of Bell and Salvation Army for review, based on the edits to the final cost sharing agreement and the changes to the LA County Supervisorial District 1 Social Program Agreement.
12/21/21 LA County Supervisorial District 1 submits request for Social Program Agreement to LA County CEO’s Office.
1/7/22 LA County Homeless Initiative informs Gateway COG that Measure H Innovation funding is available for early deliverables and payment for approved project reimbursement in January 2022, despite the delay in providing agreements for the funding.
1/14/22 Salvation Army receives draft Social Program Agreement HP-01-001 for review from County of Los Angeles Executive Office for LA County Supervisorial District 1 participation in the Bell Crisis Housing program for the unincorporated East Los
Angeles community. Salvation Army requests minor edits to the special program agreement.
1/18/22 Salvation Army forwards LA County draft Social Program Agreement to the City of Bell for review.
1/18/22 Bell, Salvation Army meeting
1/19/22 Bell, Gateway COG meeting
1/19/22 Bell, Maywood meeting
1/21/22 Bell, Salvation Army meeting
1/25/22 Bell, Maywood, LA County Supervisorial District 4, Salvation Army meeting to discuss the effect of new supervisorial district boundaries on the final cost sharing agreement. LA County Supervisorial District 4 expresses interest in joining unincorporated Walnut Park to the LCA1 cities and District 1 with a future amendment to final agreement. LA County Supervisorial District 4 staff concurs that the agreement should move forward to final execution with the existing parties at this point.
2/7/22 LA County Supervisorial District 4 (Hahn) notifies Salvation Army of interest to participate through a separate social program agreement for two (2) shelter beds for the unincorporated community of Walnut Park.
2/9/22 Presentation to the Bell City Council
2/23/22 (Projected) Agreements submitted to the Bell City Council and LCA1 cities for approval.
3/1/22 (Projected) Initiation of LCA1 cities & unincorporated East Los Angeles and Walnut Park subregional shelter bed program, if Los Angeles County Department of Public Health has approved the intake of program participants at the Salvation Army Bell Shelter based on COVID-19 protocols.
01135.0006/769437.3
PUBLIC WORKS AGREEMENT
By and Between
CITY OF BELL
and
ATI RESTORATION, LLC
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01135.0006/769437.3
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF BELL AND
ATI RESTORATION, LLC
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this ____ day of February, 2022 by and between the CITY OF BELL, a charter city (“City”) and ATI RESTORATION, LLC, a limited liability company (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City requires professional cleanup and restoration services.
B. Consultant, has demonstrated expertise in cleanup and restoration services and is qualified to provide the professional services required by the City.
C. Pursuant to the City’s Municipal Code, section 3.12.080(C), Consultant’s professional cleanup and restoration services are procured by the City under emergency circumstances, therefore, the City is not required to satisfy the public bidding procedures contained in the City’s Municipal Code.
E. Pursuant to the City of Bell Municipal Code section 3.12.080(C), 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. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest
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professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Contractor 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 effec t at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work
. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR” ) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
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(d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every empl oyer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors
. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
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such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her wor kers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such lic enses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor’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 fe es, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any sit e, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the co nditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work,
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Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
(e) City will compensate Contr actor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section s hall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work . For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work .
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement . All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement , to the reasonable satisfaction of the City, the
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City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.10 Additional Work and Change Orders.
(a) 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 Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contr act Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the C hange Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment
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costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor 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 e xceed $208,575.10 (Two Hundred Eight Thousand Five Hundred Seventy- Five Dollars and Ten Cents) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
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 the contract retention; (iii) payment for time and materials based upon the Contractor’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.
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2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each mon th Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”
, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub- category), travel, material s, equipment, supplies, and sub-contractor contracts. Sub- contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor 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 Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run pr ocedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after rec eipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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3.2 Schedule of Performance.
Contractor 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 Contractor, 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 Contractor, 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 Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 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 one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”
).
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Henry Cho ________________ Executive Project Director __ (Name) (Title)
________________________ _________________________
(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 Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’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 Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor ’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. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Manual Acosta or such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer
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any decisions which must be made by City t o 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 Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor 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 Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor 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. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transfe rred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor 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
. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
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an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance
. Contractor 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 Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance . Contractor 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 Contractor 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 . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontracto rs as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along wi th a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at al l times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor 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
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endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of C alifornia, 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract provisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. 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 . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
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be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Contractor 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 Contractor , provide the same minimum insurance coverage and endorsements required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor , the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor ’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Contractor 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, Contractor 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
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connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or fail ure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor 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 Contractor hereunder; and Contractor agrees to save and hold the City , its officers, agents, and employees harmless therefrom;
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor 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 Contractor hereunder, Contractor 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.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabili ties 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 here under 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 Contractor and shall survive termination of this Agreement.
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5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third- party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor.
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5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for r elease and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, 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 docum ents 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 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 Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.
Contractor shall periodically prepare and subm it to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor 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, Contractor agrees that if Contractor 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 her ein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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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 Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor 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 Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted 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 Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor 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) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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) Contractor, 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 Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in vi olation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by
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Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor 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.
(a) Default; Cure
. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give noti ce to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances wa rrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. 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 Contractor 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 Contractor’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.
(b) Dispute Resolution . This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 Contractor’s acts or omissions in performing or failing to perform Contractor’s
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obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, 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 Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor 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 i n 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, Contractor shall file a 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 $1,500.00 (One Thousand Five 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 p ublic agency or owner of the utility to provide for removal or relocation of utility facilities.
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01135.0006/769437.3
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of noti ce may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically appr oved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to co mpensation 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 Contractor.
If termination is due to the failure of the Contractor 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 Contractor 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 Contractor 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 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.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
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01135.0006/769437.3
Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without furth er acknowledgment of the Parties.
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 Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor 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 Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor 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.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, 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. Contractor 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.
Contractor 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 Contractor so employ
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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, Contractor 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 (wit h her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201, and in the case of the Contractor, to the person 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. All correspondence relating to this Agreement shall be serialized consecutively.
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 Contractor and by the Cit y 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
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01135.0006/769437.3
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor 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.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’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) the 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]
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01135.0006/769437.3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
____________________________________
Alicia Romero, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONTRACTOR:
ATI RESTORATION, LLC
____________________________________
By: _______________________________
Name: Henry Cho
Title: Executive Project Director
By:_________________________________
Name:
Title:
Address: 3360 E. La Palma Avenue
Anaheim, CA 92806
Two corporate officer signatures required when Contractor 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. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
01135.0006/769437.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0006/769437.3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0006/769437.3 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the proposal for the project entitled _______ATI Restoration, LLC ____, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
A. Please see attached proposal.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports:
A. Status reports due to City upon request
IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
Client: City of Bell
Property: 4500 Gage Ave.
Bell, CA 90201
Operator: HENRY.CH
Estimator: Henry Cho Cellular: (714) 412-4947
E-mail: henry.cho@atirestoration.
com
Type of Estimate: <NONE>
Date Entered: 1/19/2022 Date Assigned:
Price List: CALA8X_JAN22
Labor Efficiency: Restoration/Service/Remodel
Estimate: COB4500GAGE-2-17
Thank you for giving ATI Restoration, LLC. (ATI) the opportunity to provide an estimate. We look forward to working with you on this project. The work to be performed by ATI includes only those items that were visible at the time of the inspection.
All items not expressly included are outside ATI’s scope of work and will not be completed by ATI. ATI recommends that you carefully review this estimate to ensure you are familiar with the work to be performed and any limitations in ATI’s scope of work. If a work order is signed and we commence work at the property it is possible that latent damages will be discovered or you may decide to select operations that differ from this estimate. In that case we will prepare an additional estimate and/or change order. If you have any questions or wish to speak to us about additional work at your property please contact me at 714-412-4947 or at [email protected].
Best regards,
Henry Cho
**ATI is not responsible for preexisting conditions.
**Does not include hidden or unknown damages.
****Estimate is based on prevailing wage rates.
Includes certified asbestos abatement supervisor and technicians.
Estimate is for work during standard business hours only. ****Additional mobilizations, labor, material, and equipment due to down time for dumpsters, etc. will be billed on a time and material basis.
2 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4500GAGE-2-17 2/17/2022 Page: 2
COB4500GAGE-2-17
COB4500GAGE-2-17
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
1. Taxes, insurance, permits & fees 1.00 EA OPEN
(Bid Item)
2. Commercial Supervision / Project 10.00 HR 0.00 95.00 0.00 0.00 950.00 Management - per hour
(1) Project Manager for 10 hours.
3. Supervisor/Technician Enviro 200.00 HR 0.00 125.00 0.00 0.00 25,000.00 **Includes certified asbestos abatement supervisor and technicians. (1) certified asbestos abatement supervisor and (3) certified asbestos technicians for 50 hours each.
4. Excavator 30-34K 1.00 WK 0.00 2,090.00 0.00 418.00 2,508.00
5. Grapple bucket 1.00 WK 0.00 217.80 0.00 43.56 261.36
6. Skid steer 1.00 WK 0.00 726.00 0.00 145.20 871.20
7. Water trailer 1.00 WK 0.00 445.50 0.00 89.10 534.60
8. Rental equipment delivery / 2.00 EA 0.00 165.00 0.00 66.00 396.00 mobilization (Bid item)
9. Dumpster load - Approx. 40 yards, 30.00 EA 643.32 0.00 0.00 3,859.92 23,159.52 up to 7 tons of debris
Dumpster pricing is per the City of Bell's hauler, Republic Services. A supplement will be added for additional or overweight dumpsters.
A supplement will be added for down time due to dumpster inventory/availability. **Pricing is for a Construction and Demolition container. Waste Management Plan is not included. Republic Services is aware that this is a demolition project. A supplement will be added for additional supervision and planning as needed.
Line items 2 - 9 are to remove the fallen fire debris only. Does not include the remaining standing walls. A supplement will be added if above labor and equipment budget are exceeded due to down time due to dumpster inventory/availability, etc.
10. Commercial Supervision / Project 10.00 HR 0.00 95.00 0.00 0.00 950.00 Management - per hour
(1) Project Manager for 10 hours.
11. General Demolition - per hour 200.00 HR 125.00 0.00 0.00 0.00 25,000.00 (1) supervisor and (3) technicians for 50 hours each.
12. Excavator 30-34K 1.00 WK 0.00 2,090.00 0.00 418.00 2,508.00
13. Grapple bucket 1.00 WK 0.00 217.80 0.00 43.56 261.36
14. Skid steer 1.00 WK 0.00 726.00 0.00 145.20 871.20
15. Water trailer 1.00 WK 0.00 445.50 0.00 89.10 534.60
16. Dumpster load - Approx. 10 yards, 30.00 EA 643.32 0.00 0.00 3,859.92 23,159.52 up to 7 tons of debris
Dumpster pricing is per the City of Bell's hauler, Republic Services. A supplement will be added for additional or overweight dumpsters.
A supplement will be added for down time due to dumpster inventory/availability. **Pricing is for a Construction and Demolition container. Waste Management Plan is not included. Republic Services is aware that this is a demolition project. A supplement will be added for additional supervision and planning as needed.
Line items 10 - 16 are to remove the remaining standing walls. A supplement will be added if above labor and equipment budget are exceeded due to down time due to dumpster inventory/availability, etc.
3 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4500GAGE-2-17 2/17/2022 Page: 3
CONTINUED - COB4500GAGE-2-17
DESCRIPTION QTY REMOVE REPLACE TOTALTAX O&P
17. Traffic Control 1.00 EA 0.00 13,596.00 0.00 2,719.20 16,315.20 Above line item is a budget to use the City of Bell's traffic control subcontractor. Requesting a full closure on Gage and Atlantic due to safety for 2 weeks. Plan will be revised as needed pending approval from the City of Bell.
18. Temporary fencing LF BY OTHERS
City has provided temp fencing and sidewalk closure.
Site security to be provide by the City of Bell if necessary.
19. Plumber - per hour HR OPEN
20. Electrician - per hour HR OPEN
Above 2 line items to cap utilities if necessary.
**********Option**********
21. Engineering fees (Bid Item) 1.00 EA OPEN
Open item to inspect the concrete slab following debris and wall removal. A supplement will be added if slab replacement is necessary.
22. Commercial Supervision / Project 10.00 HR 0.00 95.00 0.00 0.00 950.00 Management - per hour
(1) Project Manager for 10 hours.
23. General Demolition - per hour 200.00 HR 125.00 0.00 0.00 0.00 25,000.00 (1) supervisor and (3) technicians for 50 hours each.
24. Excavator 1.00 WK 0.00 2,090.00 0.00 418.00 2,508.00
25. Breaker attachment 1.00 WK 0.00 1,771.00 0.00 354.20 2,125.20
26. Skid steer loader 1.00 WK 0.00 726.00 0.00 145.20 871.20
27. Water trailer 1.00 WK 0.00 445.50 0.00 89.10 534.60
28. Rental equipment delivery / 2.00 EA 0.00 165.00 0.00 66.00 396.00 mobilization (Bid item)
29. Dumpster load - Approx. 10 yards, 30.00 EA 643.32 0.00 0.00 3,859.92 23,159.52 up to 7 tons of debris
Dumpster pricing is per the City of Bell's hauler, Republic Services. A supplement will be added for additional or overweight dumpsters.
A supplement will be added for down time due to dumpster inventory/availability. **Pricing is for a Construction and Demolition container. Waste Management Plan is not included. Republic Services is aware that this is a demolition project. A supplement will be added for additional supervision and planning as needed.
Option to remove slab per the City of Bell:
Line items 22 - 29 are to remove the slab and footings. Budget is based on a 6" slab, #4 rebar at 18" each way, and 3' x 2' footings. A supplement will be added for varying slab conditions. A supplement will be added if above labor and equipment budget is exceeded due to down time due to dumpster inventory/availability.
30. Erosion control, storm water 1.00 EA OPEN
prevention, and maintenance
Total: COB4500GAGE-2-17 0.00 16,829.18 178,825.08
4 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4500GAGE-2-17 2/17/2022 Page: 4
Line Item Totals: COB4500GAGE-2-17 0.00 16,829.18 178,825.08
5 ATI Restoration, LLC
3360 E. La Palma Avenue
Anaheim, CA 92806
Tel: 714.283-9990 Fax: 714.283.9995
www.atirestoration.com
License: 1075543
Tax ID: 33-0352215
COB4500GAGE-2-17 2/17/2022 Page: 5
Summary
Line Item Total 161,995.90
Overhead 8,414.59
Profit 8,414.59
Replacement Cost Value $178,825.08
Net Claim $178,825.08
Henry Cho
This is an estimate only and does not constitute a contract to perform any work at the property address listed unless it is made part of a signed work order by the property owner. Limitations: ATI Restoration, LLC is not responsible for identifying the source of loss or remedying it. To the extent the loss was caused by water (including mold) it is the property owner’s responsibility to identify the source of the loss and to remedy it prior to any repair work begun by ATI Restoration, LLC. We appreciate the opportunity to provide this estimate and work with you on this project.
Respectfully,
Henry Cho
01135.0006/769437.3 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
(This Page has been left blank intentionally.)
01135.0006/769437.3 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below (“EA” means “each,” “HR” means “hour,” “WK means “week,” and “LF” means “linear feet”):
DESCRIPTION QTY REMOVE WAGE/
EQUIPMENT
RATE
TAX O&P TOTAL
A1. Taxes, insurance,
permits & fees (bid
item)
1.00 EA $8000.00
A2. Commercial
Supervision / Project
Management – per
hour
10.00 HR $0.00 $95.00 $0.00 $0.00 $950.00
A3. Supervisor/Technician
Enviro
200.00
HR
$0.00 $125.00 $0.00 $0.00 $25,000.00
A4. Excavator 30-34K 1.00 WK $0.00 $2,090.00 $0.00 $418.00 $2,508.00 A5. Grapple bucket 1.00 WK $0.00 $217.80 $0.00 $43.56 $261.36 A6. Skid steer 1.00 WK $0.00 $726.00 $0.00 $145.20 $871.20 A7. Water trailer 1.00 WK $0.00 $445.50 $0.00 $89.10 $534.60
A8. Rental equipment
delivery / mobilization
(Bid item)
2.00 EA $0.00 $165.00 $0.00 $66.00 $396.00
A9. Dumpster load –
Approx. 40 yards, up to
7 tons of debris
30.00 EA $643.22 $0.00 $0.00 $3,859.92 $23,159.52
A10. Commercial
Supervision / Project
Management – per
hour
10.00 HR $0.00 $95.00 $0.00 $0.00 $950.00
01135.0006/769437.3 C-2
A11. General Demolition –
per hour
200.00
HR
$125.00 $0.00 $0.00 $0.00 $25,000.00
A12. Excavator 30-34K 1.00 WK $0.00 $2,090.00 $0.00 $418.00 $2,508.00 A13. Grapple bucket 1.00 WK $0.00 $217.80 $0.00 $43.56 $261.36 A14. Skid steer 1.00 WK $0.00 $726.00 $0.00 $145.20 $871.20 A15. Water trailer 1.00 WK $0.00 $445.50 $0.00 $89.10 $534.60 A16. Dumpster load –
Approx. 10 yards, up to
7 tons of debris
30.00 EA $643.32 $0.00 $0.00 $3,859.92 $23,159.52
A17. Traffic Control 1.00 EA $0.00 $13,596.00 $0.00 $2,719.20 $16,315.20 A18. Temporary Fencing LF Provided by
City
A19. Plumber – per hour 10.00 HR $0.00 $175.00 $0.00 $0.00 $1,750.00 A20. Electrician – per hour 10.00 HR $0.00 $20.00 $0.00 $0.00 $2,000.00 A21. Engineering 1.0 EA $0.00 $10,000 $0.00 $2,000.00 $12,000.00 A22. Commercial
Supervision / Project
Management – per
hour
10.00 HR $0.00 $95.00 $0.00 $0.00 $950.00
A23. General Demolition –
per hour
200.00
HR
$125.00 $0.00 $0.00 $0.00 $25,000.00
A24. Excavator 1.00 WK $0.00 $2,090.00 $0.00 $418.00 $2,508.00 A25. Breaker attachment 1.00 WK $0.00 $1,771.00 $0.00 $354.20 $2,125.20 A26. Skid steer loader 1.00 WK $0.00 $726.00 $0.00 $145.20 $871.20 A27. Water trailer 1.00 WK $0.00 $445.50 $0.00 $89.10 $534.60 A28. Rental equipment
delivery / mobilization
(Bid item)
2.00 EA $0.00 $165.00 $0.00 $66.00 $396.00
A29. Dumpster load –
Approx. 10 yards, up to
7 tons of debris
30.00 EA $643.32 $0.00 $0.00 $3,859.92 $23,159.52
01135.0006/769437.3 C-3
A30. Erosion control, storm
water prevention and
maintenance
1.00EA $5,000 $0.00 $0.00 $1,000.00 $6,000
OVERALL TOTAL: $248,946.70 O&P
TOTAL:
$19,829.18
LINE ITEM
TOTAL:
$208,575.10
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 item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor 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 amount provided in Section
2.1 of this Agreement.
01135.0006/769437.3 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
DESCRIPTION QTY DEADLINE
A1. Taxes, insurance, permits & fees (bid item) 1.00 EA 7 working days after receipt of NTP*
A2. Commercial Supervision / Project Management –
per hour
10.00 HR 7 working days after
mobilization, i.e. Task A8
A3. Supervisor/Technician Enviro 200.00 HR 7 working days after mobilization, i.e. Task A8
A4. Excavator 30-34K 1.00 WK 7 working days after
mobilization, i.e. Task A8
A5. Grapple bucket 1.00 WK 7 working days after
mobilization, i.e. Task A8
A6. Skid steer 1.00 WK 7 working days after
mobilization, i.e. Task A8
A7. Water trailer 1.00 WK 7 working days after
mobilization, i.e. Task A8
A8. Rental equipment delivery / mobilization (Bid item) 2.00 EA 5 working days from receipt of permit and licensing
A9. Dumpster load – Approx. 40 yards, up to 7 tons of
debris
30.00 EA 7 working days after
mobilization, i.e. Task A8
A10. Commercial Supervision / Project Management –
per hour
10.00 HR 7 working days after
completion of Tasks A2-A7 &
A9
A11. General Demolition – per hour 200.00 HR 7 working days after completion of Tasks A2-A7 &
A9
A12. Excavator 30-34K 1.00 WK 7 working days after
completion of Tasks A2-A7 &
A9
A13. Grapple bucket 1.00 WK 7 working days after
completion of Tasks A2-A7 &
A9
01135.0006/769437.3 D-2
A14. Skid steer 1.00 WK 7 working days after
completion of Tasks A2-A7 &
A9
A15. Water trailer 1.00 WK 7 working days after
completion of Tasks A2-A7 &
A9
A16. Dumpster load – Approx. 10 yards, up to 7 tons of
debris
30.00 EA 7 working days after
completion of Tasks A2-A7 &
A9
A17. Traffic Control 1.00 EA Ongoing - Deadline is 7 days after receipt of NTP
A18. Temporary Fencing LF NOT APPLICABLE
A19. Plumber – per hour HR Within 3 days from direction of Contract Officer
A20. Electrician – per hour HR Within 3 days from direction of Contract Officer
A21. Engineering Bids 1.00 EA Within 7 working days from authorization of Contract
Officer to conduct work
A22. Commercial Supervision / Project Management –
per hour
10.00 HR Within 7 working days from
approval of Contract Officer
A23. General Demolition – per hour 200.00 HR Within 7 working days from approval of Contract Officer
A24. Excavator 1.00 WK Within 7 working days from
approval of Contract Officer
A25. Breaker attachment 1.00 WK Within 7 working days from approval of Contract Officer
A26. Skid steer loader 1.00 WK Within 7 working days from approval of Contract Officer
A27. Water trailer 1.00 WK Within 7 working days from
approval of Contract Officer
A28. Rental equipment delivery / mobilization (Bid item) 2.00 EA Within 7 working days from approval of Contract Officer
A29. Dumpster load – Approx. 10 yards, up to 7 tons of
debris
30.00 EA Within 7 working days from
approval of Contract Officer
01135.0006/769437.3 D-3
A30. Erosion control, storm water prevention, and
maintenance
1.00 EA Ongoing
* NTP – Notice to Proceed
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Daily Reports will be delivered to the City Weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for.
B. Concrete Inspection(s) & Testing Results
C. Stamped Traffic Control Plan
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
01135.0006/769437.3
PERFORMANCE BOND
WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agre ements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
01135.0006/769437.3
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01135.0006/769437.3
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF BELL, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as
follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) f or any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
01135.0006/769437.3
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
01135.0006/769437.3
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Bell
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(C ompany Representative)
(SEE NOTICE ON NEXT PAGE)
01135.0006/769437.3
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
01135.0006/769437.3
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to su ch insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out o f or incident to the perils insured against in relation to those activities described generally above with regard
01135.0006/769437.3
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Bell, 6330 Pine Avenue, Bell, California 90201.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01135.0006/769437.3
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01135.0006/769437.3
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, fr om all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard
01135.0006/769437.3
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regul atory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
(signatures on following page)
01135.0006/769437.3
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
01135.0006/769437.3
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.
01135.0006/769437.3
8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Bell
6330 Pine Avenue
Bell, California 90201
10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:
13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .
01135.0006/769437.3
(signatures on following page)
I, (print name) , hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
Report Date: 2/23/2022
Issuer / Book Market % of YTM
CUSIP Security Value Value * Portfolio (Market Y)
LAIF 20,260,135 20,260,135 65.42% 0.23%
See Attached Asset-Backed Security 974,636 968,399 3.13% 1.01% See Attached Agency Issues 3,088,363 3,082,608 9.96% 0.95% See Attached Commercial Mortagage 716,342 726,984 2.35% 1.06% See Attached Corporate 2,011,786 2,001,790 6.47% 1.34%
See Attached Money Market 193,096 193,096 0.63% 0.01%
See Attached Supranational 534,099 523,297 1.69% 1.30%
See Attached US Treasury 3,212,513 3,182,835 10.28% 1.18% Accrued Interest 32,331
Totals 30,990,970$ 30,971,475$ 100%
Bank Account Balances:
Wells Fargo Bank Stagecoach Sweep General Checking: 2,353,627.46$ Wells Fargo Bank Commercial Checking Choice IV-Public Funds: 89,665.00 Wells Fargo Bank Bell Community Housing Authority Checking Account: 1 -
Wells Fargo Bank Payroll Account: 2
-
Wells Fargo Bank Worker's Compensation Account: 3
70,819.20
2,514,111.66$
The City's investment and banking liquidity is adequate for it to meet its expenditure requirements for the next 180 days. There have been no variances to the City Investment Policy. 1 The Bell Community Housing Authority Account - This bank account segregates the financial activities pertinent of the Housing Authority, Fund 90.
This bank account was transitioned to zero balance account (ZBA) status in 2013 and is reconciled to the City's General Ledger. 2 Payroll Account - This bank account segregates payroll activities. This bank account was transitioned to zero balance account (ZBA) status in 2013 and is reconciled to the City's General Ledger. 3 Workers' Compensation - This bank account was established for joint access by City Staff and the City's third -party administrator, AdminSure, to administer workers' compensation programming.
The account is reimbursed by bank transfers as necessary. * Current market valuation is required for investments with maturities of more than twelve months. MV includes accrued interest earned as of 01/31/2022 City of Bell Investment Report
LAIF Deposit and Core Investments
January 2022
MONTH FY 2019-20 FY 2020-21 FY 2021-22
JULY 25,600,523.51$ 25,320,562.61$ 27,158,657.80$
AUGUST 23,650,305.37 23,739,062.20 28,268,929.13
SEPTEMBER 21,748,944.76 21,690,804.87 26,397,025.57 OCTOBER 21,193,173.66 21,605,826.32 26,237,986.42 NOVEMBER 20,099,691.81 22,017,659.98 25,741,196.73 DECEMBER 21,785,287.59 24,124,656.89 28,966,073.71 JANUARY 24,770,584.76 27,425,271.30 33,505,081.56 FEBRUARY 25,232,601.81 25,221,695.57
MARCH 25,624,394.74 25,161,017.39
APRIL 26,944,295.13 25,811,974.54
MAY 29,010,371.43 28,685,142.78
JUNE 29,238,115.42 28,279,502.12
City of Bell
Historical Summary of Invested Funds & Bank Deposits
Report Date: 2/23/2022
Issuer / Book Market % of YTM
Security Value Value * Portfolio (Purchase Y)
LAIF 1,168,000.36 1,168,000.36 100.00% 0.23%
Totals 1,168,000.36$ 1,168,000.36$ 100.00%
Bank Account Balances:
Wells Fargo Bank Successor to RDA: 291,105.73$
* Current market valuation is required for investments with maturities of more than twelve months.
City of Bell Successor to Redevelopment Agency - This bank account segregates the financial activities of the Successor Agency and is reconciled to the City's General Ledger each month.
Bell Successor Agency Investment Report
January 2022
All Investments
MONTH FY 2019-20 FY 2020-21 FY 2021-22
JULY 2,464,340.05$ 2,652,039.24$ 2,634,143.35$
AUGUST 2,456,554.55 2,653,373.37 2,601,063.64
SEPTEMBER 809,289.36 986,026.30 890,531.10
OCTOBER 821,311.22 995,957.79 886,165.69
NOVEMBER 823,156.22 995,957.04 876,829.70
DECEMBER 820,436.97 995,914.01 873,108.41
JANUARY 1,666,656.18 1,895,562.17 1,459,106.09
FEBRUARY 1,790,434.90 1,747,081.95
MARCH 1,098,088.53 1,140,655.41
APRIL 1,090,404.89 1,144,094.97
MAY 1,083,571.27 1,131,195.10
JUNE 2,794,524.07 2,770,827.46
Community Redevelopment Agency / Successor Agency
Historical Summary of Invested Funds & Bank Deposits
/i255 /i255 /i255 /i255 /i255/1 /2 /3 /4 /5 /i255 /6 /7 /8 /9 /3 /10 /i255 /11 /9 /12 /8 /13 /14/15/8/9 /14 /i255 /16 /17 /9 /18 /i255/i255 /i255 /i255 /i255 /i255 /i255/19 /20 /21 /20 /i255 /22 /2 /23 /i255 /24 /25 /26 /27/28 /24/i255 /i255 /i255 /i255 /i255 /i255/29 /4 /3 /30 /4/15/8/9 /14 /2 /31 /i255 /32/6 /i255 /24 /25 /26 /28 /24 /33 /28 /28 /28 /34/i255 /i255 /i255 /i255 /i255 /i255/35 /24 /34 /36 /37 /i255 /36 /38 /39 /33 /39 /28 /28/34 /i255 /i255 /i255 /i255 /16 /8 /40 /30 /17 /4 /30 /10 /i255 /28 /34 /31 /i255 /26 /28 /26 /26 /i255 /1 /6 /11 /16 /i255 /41 /2/15/8/i255
/19/42/11/6 /i255 /6 /12 /8 /30 /4 /7 /8 /i255/42/2/9 /14 /43 /5 /10 /44 /45 /8 /5 /18 /13
/46 /47 /47 /48 /49 /50 /51 /i255 /53 /49/54/55/56 /57 /58/i255/24 /27 /33 /34 /24 /33 /28 /38 /24/i255 /59 /4 /9 /17 /4 /30 /10 /i255 /26 /28 /26 /26/i255 /29 /14 /4 /14 /8/15/8/9 /14 /60 /30 /4 /9 /i255 /60 /10 /61 /8 /i255 /62 /8 /63 /45 /9 /45 /14 /45 /2 /9 /13 /64 /65 /65 /56 /47 /51 /66 /67 /56
/68 /69 /51 /56
/70 /57/69 /50 /71 /69 /47 /51 /66 /48 /50
/68 /69 /51 /56
/70 /57 /69 /50
/70 /72 /73 /56/74 /48 /50 /65 /66 /57 /54
/53 /49/54/55/56 /57
/75/56/55
/74 /48 /50 /65 /66 /57 /54
/53 /49/54/55/56/57/46 /49 /51 /76 /48 /57 /66 /77 /56 /78 /i255 /74 /69 /79 /79 /56/57/46 /54/48 /49 /50 /51 /34 /80 /34 /28 /80 /26 /28 /26/26/34/80 /34 /28 /80 /26 /28 /26/26/81/62/34/36 /24 /39 /39 /28 /25/34 /36 /38 /39 /38 /36 /26/82 /1 /11 /29 /6 /i255 /83 /81 /6 /60 /11/1/38 /28 /28 /31 /28/28 /28 /20 /28 /28 /34 /80 /34 /25 /80 /26 /28 /26/26/34/80 /34 /39 /80 /26 /28 /26/26/84 /81/62/34/36 /24 /38 /25 /39 /27/85 /80 /6 /29 /44 /29 /60 /82/42/27 /31 /28/38 /86 /20 /86 /26 /34 /80 /26 /34 /80 /26 /28 /26/26/34/80 /26 /34 /80 /26 /28 /26/26/81/62/34/36 /24 /36 /39 /25 /27/34 /36 /38 /36 /36 /28 /86/82 /1 /11 /29 /6 /i255 /83 /81 /6 /60 /11/1/39 /31 /38 /28 /28 /31 /28/28 /28 /20 /28 /28 /46 /47 /47 /48 /49 /50 /51 /i255 /87 /49 /54/54/69/57 /72 /60 /2 /14 /4 /5 /i255 /62 /8 /61 /2 /13 /45 /14/88 /25 /31 /28 /28 /27 /31 /28 /38 /86 /20 /86 /26/i255/22 /8 /7 /45 /9 /9 /45 /9 /7 /i255 /22 /4 /5 /4 /9 /3 /8 /88/34 /36 /31 /26 /38 /26 /31 /28/86 /36 /20 /86 /27 /60 /2 /14 /4 /5 /i255/89/45/14 /43 /18 /30 /4/90 /4 /5 /88 /28 /20 /28 /28/82 /9 /18 /45 /9 /7 /i255 /22 /4 /5 /4 /9 /3 /8 /88/26 /28 /31 /26 /36 /28 /31 /34/39 /25 /20 /38 /28 /32 /11 /60 /44 /i255 /21 /16 /i255 /22 /82/1 /1 /i255
/32 /11 /60 /44 /i255 /60 /81 /82 /6/29 /91 /81 /82 /81 /i255 /36 /39 /39 /28 /i255 /19 /11 /85 /82 /i255 /6/92 /82 /85 /91 /82 /i255 /22 /82 /1 /1 /31 /i255 /32 /6 /i255 /i255/24 /28 /26 /28 /34 9999999
STAGECOACH SWEEP
WELLS FARGO BANK, N.A.
P.O. BOX 63020
THIS STATEMENT COVERS 01/01/2022 THROUGH 01/31/2022
FOR QUESTIONS, PLEASE CALL YOUR CUSTOMER SERVICE OFFICER OR CUSTOMER CARE FOR BUSINESS (CC4B) SERVICE OFFICE AT 1-800-AT-WELLS (1-800-289-3557) OPTION 2.
THE SALE OF WELLS FARGO ASSET MANAGEMENT (WFAM) TO GTCR LLC AND REVERENCE CAPITAL PARTNERS, L.P. HAS BEEN COMPLETED. EFFECTIVE 11/1/21, WFAM BECAME ALLSPRING GLOBAL INVESTMENTS. WELLS FARGO HAS RETAINED AN EQUITY INTEREST IN ALLSPRING AND REMAINS A DISTRIBUTION PARTNER. YOUR MUTUAL FUND INVESTMENT WILL REFLECT THE ALLSPRING NAME ON YOUR 12/21 STATEMENT. THERE ARE NO OTHER CHANGES.
ALLSPRING TREASURY PLUS MMF A CLS
Transaction Detail
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 01-01* 1,831,696.85 .010 % .000000274 0.50
SAN FRANCISCO, CA 94163 Page 1 of 2
CITY OF BELL
GENERAL FUND OPERATING
ATTN CITY TREASURER
6330 PINE AVE
BELL CA 90201-1221
Account Number - DDA
4159281427
1-01-2022 Beginning Balance 1,838,517.21
1-03-2022 Sweep Funds Return To DDA 6,843.19
1-03-2022 Reinvested Dividend 22.83
1-04-2022 Next Day Sweep Purchase 590,198.48
1-05-2022 Next Day Sweep Purchase 153,989.61
1-06-2022 Sweep Funds Return To DDA 29,592.90
1-07-2022 Sweep Funds Return To DDA 220,426.42
1-10-2022 Sweep Funds Return To DDA 69,228.97
1-11-2022 Sweep Funds Return To DDA 505,365.36
1-12-2022 Next Day Sweep Purchase 2,576.44
1-13-2022 Next Day Sweep Purchase 56,957.01
1-14-2022 Next Day Sweep Purchase 577,168.61
1-18-2022 Next Day Sweep Purchase 428,892.57
1-19-2022 Sweep Funds Return To DDA 121,666.00
1-20-2022 Next Day Sweep Purchase 6,128.59
1-21-2022 Next Day Sweep Purchase 3,347,250.17
1-24-2022 Sweep Funds Return To DDA 3,472,037.01
1-25-2022 Next Day Sweep Purchase 215,124.52
1-26-2022 Next Day Sweep Purchase 189,702.77
1-27-2022 Sweep Funds Return To DDA 212,250.49
1-28-2022 Sweep Funds Return To DDA 455,541.87
1-31-2022 Next Day Sweep Purchase 40,050.86
1-31-2022 Ending Balance 2,353,627.46
FUND SUMMARY
Dividends Earned YTD 21.05
Federal Withholding YTD .00
7-Day Simple Yield .01000 %
Federal Withholding .00
Beginning Balance 1,838,517.21
Prior Months Dividends Reinvested 22.83 +
Shares Purchased 5,608,039.63 +
Shares Redeemed 5,092,952.21 -
Ending Balance 2,353,627.46
Dividends Earned in Current Month 21.05
Funds Pending Investment 66,955.89
9999999999999
STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 01-02* 1,831,696.85 .010 % .000000274 0.50
01-03 1,831,696.85 .010 % .000000274 0.50
01-04 2,421,895.33 .010 % .000000274 0.66
01-05 2,575,884.94 .010 % .000000274 0.71
01-06 2,546,292.04 .010 % .000000274 0.70
01-07 2,325,865.62 .010 % .000000274 0.64
01-08* 2,256,636.65 .010 % .000000274 0.62
01-09* 2,256,636.65 .010 % .000000274 0.62
01-10 2,256,636.65 .010 % .000000274 0.62
01-11 1,751,271.29 .010 % .000000274 0.48
01-12 1,753,847.73 .010 % .000000274 0.48
01-13 1,810,804.74 .010 % .000000274 0.50
01-14 2,387,973.35 .010 % .000000274 0.65
01-15* 2,387,973.35 .010 % .000000274 0.65
01-16* 2,387,973.35 .010 % .000000274 0.65
01-17* 2,387,973.35 .010 % .000000274 0.65
01-18 2,816,865.92 .010 % .000000274 0.77
01-19 2,695,199.92 .010 % .000000274 0.74
01-20 2,701,328.51 .010 % .000000274 0.74
01-21 6,048,578.68 .010 % .000000274 1.66
01-22* 2,576,541.67 .010 % .000000274 0.71
01-23* 2,576,541.67 .010 % .000000274 0.71
01-24 2,576,541.67 .010 % .000000274 0.71
01-25 2,791,666.19 .010 % .000000274 0.76
01-26 2,981,368.96 .010 % .000000274 0.82
01-27 2,769,118.47 .010 % .000000274 0.76
01-28 2,313,576.60 .010 % .000000274 0.63
01-29* 2,313,576.60 .010 % .000000274 0.63
01-30* 2,313,576.60 .010 % .000000274 0.63
01-31 2,353,627.46 .010 % .000000274 0.64
TOTAL MTD 21.04
* Indicates non-business day
THANK YOU FOR BANKING WITH WELLS FARGO.
MONEY MARKET MUTUAL FUNDS (EACH, A "MMMF") ARE NOT FDIC INSURED, HAVE NO BANK GUARANTY AND MAY LOSE VALUE.
An Investment in a MMMF is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the MMMF's seek to preserve the value of customer's investment at $1.00 per share, it is possible to lose money by investing in a MMMF.
Allspring Funds Management, LLC, a wholly owned subsidiary of Allspring Global Investments Holdings, LLC ("Allspring Global"), provides investment advisory and administrative services for the Allspring Funds?. Other subsidiaries of Allspring Global provide sub-advisory and other services for the funds. The funds are distributed by Allspring Funds Distributor, LLC, Member FINRA/SIPC, a subsidiary of Allspring Global.
This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
01/01/2022 - 01/31/2022
Account Number - DDA
4159281427
999999999999
Choice IV-Public Funds {NIB}
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 1 of 8 Prior account number: 145398000
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
(182)
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (182)
PO Box 63020
San Francisco, CA 94163
CITY OF BELL
GENERAL FUND OPERATING
ATTN CITY TREASURER
6330 PINE AVE
BELL CA 90201-1221
Account summary
Choice IV-Public Funds {NIB}
Account number Beginning balance Total credits Total debits Ending balance 4159281427 $50,000.00 $11,960,614.47 -$11,920,949.47 $89,665.00 Credits
Deposits
Effective
date
Posted
date Amount
Transaction detail
01/11 1,939.00 Deposit
01/11 1,896.03 Deposit
01/11 1,103.25 Deposit
01/11 88.00 Deposit
01/11 17.00 Deposit
01/11 10.00 Deposit
01/20 893.50 Deposit
01/20 211.00 Deposit
01/20 18.00 Deposit
01/24 1,457.25 Deposit
01/26 1,286.65 Deposit
01/26 1,211.00 Deposit
01/26 349.00 Deposit
$10,479.68 Total deposits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
01/03 10,258.13 Desktop Check Deposit
01/03 582,970.87 LA County Gen-Pymt 211229 Pta-11600 NTE*202112285184222 *A2200364033 *Pta-11600
01/03 35,856.81 Southern Califor Single 220103 SCG*Uut*Payment*20211122000070U121521\ 01/03 19,129.14 LA County Gen-Pymt 211229 Pta-11600 NTE*202112285184221 *A2200364032 *Pta-11600
Sheet Seq = 0035400
Sheet 00001 of 00008
99999999
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 2 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/03 3,166.44 Cctm1 LLC Cci AP 820 211222 02598861
44**\Ref*PO*00514710\Dtm*003*220101\SE*8*0001\GE*
01/03 2,232.36 CC Tm PA LLC Cci AP 820 211222 02604097
36**\Ref*PO*00514644\Dtm*003*220101\SE*8*0001\GE*
01/03 13.78 Southern Califor Single 220103
Just*Energy*Uut*Payment*20211122000070U121621\
01/04 293.67 01/04Bankcard Deposit -0328029700
01/04 7.00 Desktop Check Deposit
01/04 306,200.34 LA County Gen-Pymt 211229 500110 NTE*202112295186867 *A2200366724 *500110
01/04 3,848.00 LA County Gen-Pymt 211229 500110 NTE*202112295186753 *A2200366610 *500110
01/05 19,928.44 Desktop Check Deposit
01/05 293.70 Square Inc 220105P2 220105 L210684082500 City of Bell 01/05 37,604.31 ZBA Funding Account Transfer From 4121929244 01/05 29,592.90 Sweep Transfer From Investment
01/06 154.00 01/06Bankcard Deposit -0328029700
01/06 3,050.24 Desktop Check Deposit
01/06 52,074.58 ZBA Funding Account Transfer From 4121929244 01/06 220,426.42 Sweep Transfer From Investment
01/07 69,228.97 Sweep Transfer From Investment
01/10 2,230.46 01/10Bankcard Deposit -0328029700
01/10 10.00 01/10Bankcard Deposit -0328029700
01/10 1,174.82 Square Inc 220110P2 220110 L210685293952 City of Bell 01/10 811.86 Square Inc 220110P2 220110 L210685293951 City of Bell 01/10 505,365.36 Sweep Transfer From Investment
01/11 3,214.28 WT Fed#07222 Bank of America, N /Org=PMAm Corporation Aaf City of Bell Srf# 2022011100311795 Trn#220111066253 Rfb# Dec 21 Alarm Fee 01/11 2,833.54 01/11Bankcard Deposit -0328029700
01/11 20,203.80 Desktop Check Deposit
01/11 1,226.81 Square Inc 220111P2 220111 L210685487966 City of Bell 01/11 75,521.77 ZBA Funding Account Transfer From 4121929244 01/12 340.60 01/12Bankcard Deposit -0328029700
01/12 454,894.98 Desktop Check Deposit
01/12 147.69 Square Inc 220112P2 220112 L210685676536 City of Bell 01/12 25,512.63 ZBA Funding Account Transfer From 4121929244 01/13 414.00 01/13Bankcard Deposit -0328029700
01/13 203,735.00 WT Seq170223 City of Bell, Successor /Org=City of Bell Srf# Gb00000047876073 Trn#220113170223 Rfb# 2644
01/13 1,938.75 Ce Solutions D Operating Fgwap0000556199 Caelectricityuut2112 01/13 1,459.95 Square Inc 220113P2 220113 L210686001355 City of Bell 01/13 84.68 Ce Solutions D Operating Fgwap0000556258 Cagasuut2112 01/13 59.06 Active Network, Registrati 000000005838021
Rmr*IV*13334601**59.06*59.06*0\Ref*PO*RN 0011549
01/14 367.55 01/14Bankcard Deposit -0328029700
01/14 287,296.00 WT Seq151124 City of Bell, Successor /Org=City of Bell Srf# Gb00000047905098 Trn#220114151124 Rfb# 2647
01/14 142,211.92 Southern Califor EDI Paymts 2201100001 003*211201***20?Dtm*003*211231***20?SE*15*80912?G
01/14 1,383.60 Square Inc 220114P2 220114 L210686343099 City of Bell Sheet Seq = 0035401
Sheet 00002 of 00008
99999999
9999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 3 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/18 1,375.92 Desktop Check Deposit
01/18 1,500.00 Jpmorgan Chase B Payment
Rmr*IV*14513-0002620233**1500.00*1500.00*0.00\
01/18 148.01 Square Inc 220117P2 220117 L210687009867 City of Bell 01/18 10,504.71 ZBA Funding Account Transfer From 4121929244 01/18 121,666.00 Sweep Transfer From Investment
01/19 639.60 Desktop Check Deposit
01/19 75.00 Square Inc 220119P2 220119 L210687392468 City of Bell 01/20 891.19 01/20Bankcard Deposit -0328029700
01/20 2.00 01/20Bankcard Deposit -0328029700
01/20 43,060.99 Desktop Check Deposit
01/20 2,890,796.36 LA County Gen-Pymt 220117 Pta-11600 NTE*202201175202312 *A2200390423 *Pta-11600
01/20 699,446.00 Lacmta Corp Pmt 1151268
699446|699446~Dtm|003|20211227~SE|33|0060~GE|0001
01/20 2,967.79 Square Inc 220120P2 220120 L210687719155 City of Bell 01/20 2,452.56 Active Network, Registrati 000000005839994 Rmr*IV*13341643**2452.56*2452.56*0\Ref*PO*RN 0011
01/20 1,500.00 LA County Gen-Pymt 220117 500110 NTE*202201175203490 *A2200391601 *500110
01/21 59,783.65 Apport St of CA Apsapports 011822 388 Bell City Treasurer 01/21 180.00 01/21Bankcard Deposit -0328029700
01/21 170.00 01/21Bankcard Deposit -0328029700
01/21 24,526.00 Lacounty Develop Payment 220121 0000000895 Rmr*IV*064248**0024526.00\ 01/21 3,472,037.01 Sweep Transfer From Investment
01/24 221,837.00 Bd of Equalizatn Boe-Locltx 011922 19005 City of Bell 01/24 200.00 01/24Bankcard Deposit -0328029700
01/24 118,279.99 Desktop Check Deposit
01/24 70,776.36 Desktop Check Deposit
01/24 2,438.30 Square Inc 220124P2 220124 L210688725105 City of Bell 01/24 2,116.31 Amer Tower 1942 EDI Paymnt Jan 22 43Rent_40007123 8\GE*000001*039734473\Iea*00001*039734473\
01/24 63.00 Square Inc 220124P2 220124 L210688725106 City of Bell 01/24 5,998.50 ZBA Funding Account Transfer From 4121929244 01/25 41,957.64 Apport St of CA Apsapports 012022 388 Bell City Treasurer 01/25 631.15 01/25Bankcard Deposit -0328029700
01/25 111.00 01/25Bankcard Deposit -0328029700
01/25 15,976.63 Desktop Check Deposit
01/25 1,201.45 Square Inc 220125P2 220125 L210688920098 City of Bell 01/26 317.00 01/26Bankcard Deposit -0328029700
01/26 222.00 01/26Bankcard Deposit -0328029700
01/26 4,947.81 LA County Gen-Pymt 220123 500110 NTE*202201235209935 *A2200408808 *500110
01/26 560.05 Square Inc 220126P2 220126 L210689226201 City of Bell 01/26 212,250.49 Sweep Transfer From Investment
01/27 1,838.62 01/27Bankcard Deposit -0328029700
01/27 1,686.00 01/27Bankcard Deposit -0328029700
01/27 22,063.82 Desktop Check Deposit
01/27 13,547.30 Desktop Check Deposit
Sheet Seq = 0035402
Sheet 00003 of 00008
99999999
9999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 4 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/27 74,295.28 Lacmta Corp Pmt 1151655
4295.28~Dtm|003|20220116~SE|33|0171~GE|0001|11921
01/27 61,625.98 Lacmta Corp Pmt 1151654
1625.98~Dtm|003|20220116~SE|33|0001~GE|0001|11921
01/27 1,507.15 Active Network, Registrati 000000005842646 Rmr*IV*13347515**1507.15*1507.15*0\Ref*PO*RN 0011
01/27 422.33 Square Inc 220127P2 220127 L210689551758 City of Bell 01/27 7,349.30 ZBA Funding Account Transfer From 4121929244 01/27 455,541.87 Sweep Transfer From Investment
01/28 460.55 01/28Bankcard Deposit -0328029700
01/28 1,794.96 Square Inc 220128P2 220128 L210689889750 City of Bell 01/31 45,636.87 Desktop Check Deposit
01/31 342.85 Desktop Check Deposit
01/31 2.50 Desktop Check Deposit
01/31 52,349.09 Lacmta Corp Pmt 1152042
2349.09~Dtm|003|20220118~SE|33|0115~GE|0001|11949
01/31 46,201.70 Lacmta Corp Pmt 1152041
201.7~Dtm|003|20220118~SE|33|0001~GE|0001|1194928
01/31 754.40 Square Inc 220131P2 220131 L210690535462 City of Bell 01/31 337.54 Square Inc 220131P2 220131 L210690535463 City of Bell $11,950,134.79 Total electronic deposits/bank credits
$11,960,614.47 Total credits
Debits
Electronic debits/bank debits
Effective
date
Posted
date Amount
Transaction detail
01/03 2,477.48 ZBA Funding Account Transfer to 4121929244 01/03 590,198.48 Sweep Transfer to Investment
01/04 144,413.51 < Business to Business ACH Debit - Calpers 1800 5686383552 100000016651640 01/04 2,980.58 < Business to Business ACH Debit - Calpers 1800 5686383552 100000016651656 01/04 11,833.18 ZBA Funding Account Transfer to 4121929244 01/04 153,989.61 Sweep Transfer to Investment
01/06 2,994.24 ACH Prep Origintn - General Fund - File 2956000677 Coid 2956000677 01/06 248,661.32 ZBA Funding Account Transfer to 4159281401 01/07 110,508.91 ZBA Funding Account Transfer to 4159281401 01/10 500,000.00 WT Seq110227 State Treasurers Office /Bnf=State of CA Laif Account Srf# Gw00000047773330 Trn#220110110227 Rfb# 2639
01/11 3,790.45 Client Analysis Srvc Chrg 220110 Svc Chge 1221 000004159281427 01/11 8,557.63 WT Seq#56870 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000047794592 Trn#220111056870 Rfb# 2642
01/11 6,468.60 WT Seq#56546 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000047794869 Trn#220111056546 Rfb# 2641
01/11 456.16 ZBA Funding Account Transfer to 4159281401 01/11 2,576.44 Sweep Transfer to Investment
01/12 196.78 Bankcard Interchange Fee - 0328029700
01/12 26.93 Bankcard Discount Fee - 0328029700
01/12 7.30 Bankcard Discount Fee - 0328029700
Sheet Seq = 0035403
Sheet 00004 of 00008
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 5 of 8 Prior account number: 145398000
Electronic debits/bank debits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/12 5.43 Bankcard Fee - 0328029700
01/12 1.20 Bankcard Discount Fee - 0328029700
01/12 29,326.21 ZBA Funding Account Transfer to 4159281401 01/12 56,957.01 Sweep Transfer to Investment
01/13 11,505.53 WT Seq134697 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000047868200 Trn#220113134697 Rfb# 2643
01/13 16,681.88 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644685 01/13 16,630.85 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644729 01/13 15,649.75 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644824 01/13 12,523.57 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644868 01/13 5,986.57 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644776 01/13 10,657.11 ZBA Funding Account Transfer to 4121929244 01/13 577,168.61 Sweep Transfer to Investment
01/14 208.95 ZBA Funding Account Transfer to 4121929244 01/14 428,892.57 Sweep Transfer to Investment
01/18 1,087.72 ZBA Funding Account Transfer to 4159281401 01/19 5,072.01 WT Seq#98828 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000047972733 Trn#220119098828 Rfb# 2648
01/19 147.00 ZBA Funding Account Transfer to 4121929244 01/19 6,128.59 Sweep Transfer to Investment
01/20 23,128.12 WT Fed#00762 US Bank, NA /Ftr/Bnf=U.S. Bank National Association Srf# Gw00000048005839 Trn#220120110182 Rfb# 2649
01/20 2,914.24 ACH Prep Origintn - General Fund - File 2956000677 Coid 2956000677 01/20 223,168.83 ZBA Funding Account Transfer to 4159281401 01/20 3,347,250.17 Sweep Transfer to Investment
01/21 3,500,000.00 WT Seq144696 State Treasurers Office /Bnf=State of CA Laif Account Srf# Gw00000048039747 Trn#220121144696 Rfb# 2651
01/21 8,794.56 < Business to Business ACH Debit - Wright Express Fleet Debi 220120 9100005154093 City of Bell (3)
01/21 608.29 < Business to Business ACH Debit - Expertpay Expertpay xxxxx0677 City of Bell 01/21 608.29 < Business to Business ACH Debit - Expertpay Expertpay xxxxx0677 City of Bell 01/21 89,745.52 ZBA Funding Account Transfer to 4159281401 01/24 215,124.52 Sweep Transfer to Investment
01/25 7,893.20 WT Seq138399 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000048106416 Trn#220125138399 Rfb# 2652
01/25 3,643.90 < Business to Business ACH Debit - AFLAC Insurance 012122 Vw090860510 City of Bell
01/25 189,702.77 Sweep Transfer to Investment
01/27 310,125.00 WT Fed#01256 Zions Bancorporati /Ftr/Bnf=Zb, NA DBA Zions Bank Srf# Gw00000048128838 Trn#220126096300 Rfb# Tina Norrdin
01/27 203,806.25 WT Fed#01055 Zions Bancorporati /Ftr/Bnf=Zb, NA DBA Zions Bank Srf# Gw00000048129155 Trn#220126097224 Rfb# 2654
01/27 21,789.53 WT Seq117831 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000048165797 Trn#220127117831 Rfb# 2655
01/27 16,828.15 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644699 01/27 13,282.81 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644746 01/27 13,186.20 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644836 01/27 12,672.74 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644884 01/27 4,863.71 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016644791 01/28 40,050.86 Sweep Transfer to Investment
Sheet Seq = 0035404
Sheet 00005 of 00008
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 6 of 8 Prior account number: 145398000
Electronic debits/bank debits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/31 10,095.64 ZBA Funding Account Transfer to 4121929244 01/31 685.54 ZBA Funding Account Transfer to 4159281401 01/31 66,955.89 Sweep Transfer to Investment
$11,311,692.89 Total electronic debits/bank debits
< Business to Business ACH: If this is a business account, this transaction has a return time frame of one business day from post date. This time frame does not apply to consumer accounts.
Checks paid
Number Amount Date Number Amount Date Number Amount Date 76835 250.00 01/10
77604 * 121,494.89 01/18
77640 * 5,500.00 01/04
77656 * 70.00 01/11
77702 * 18,960.00 01/05
77722 * 7,050.00 01/10
77738 * 24,155.67 01/06
77747 * 486.00 01/06
77752 * 3,024.00 01/28
77758 * 51.00 01/12
77795 * 50.00 01/14
77803 * 36,252.53 01/03
77814 * 573.82 01/04
77815 50.00 01/28
77818 * 857.14 01/13
77819 1,333.07 01/10
77820 1,250.00 01/14
77821 354.61 01/18
77825 * 341.90 01/18
77827 * 1,416.71 01/04
77835 * 463.29 01/12
77837 * 253.00 01/24
77838 72.75 01/12
77841 * 371.00 01/03
77846 * 5,770.00 01/05
77850 * 35.00 01/04
77852 * 965.00 01/12
77857 * 1,608.86 01/11
77865 * 85.00 01/03
77867 * 721.88 01/03
77880 * 65.00 01/14
77881 1,664.27 01/03
77882 1,511.14 01/04
77883 1,901.64 01/05
77884 1,180.72 01/05
77887 * 87.90 01/06
77888 156.46 01/03
77889 2,103.35 01/03
77891 * 2,119.83 01/03
77893 * 41,395.75 01/24
77894 75.00 01/03
77895 407.36 01/11
77896 33.00 01/05
77897 2,400.00 01/03
77898 2,735.00 01/13
77900 * 3,069.25 01/03
77901 325.00 01/05
77902 549.48 01/10
77903 8,382.92 01/05
77904 2,236.96 01/07
77905 222.52 01/11
77906 96.00 01/19
77907 70.01 01/11
77908 363.85 01/18
77909 300.07 01/05
77910 60.00 01/10
77911 246.65 01/06
77912 137.50 01/06
77913 38.88 01/12
77914 276.10 01/07
77915 349.95 01/10
77916 5,520.96 01/06
77917 652.67 01/11
77918 195.00 01/05
77919 21.46 01/04
77920 214.60 01/14
77921 730.47 01/20
77922 5,486.46 01/13
77923 725.40 01/24
77924 5,721.97 01/13
77925 93.92 01/18
77926 656.64 01/20
77927 54.00 01/19
77928 656.64 01/20
77929 656.64 01/20
77930 656.64 01/20
77931 222.65 01/12
77932 35.75 01/18
77933 448.78 01/11
77935 * 577.95 01/14
77936 1,372.47 01/12
77937 325.00 01/27
77945 * 14,562.04 01/24
77983 * 230,888.00 01/26
77984 325.00 01/27
77988 * 350.00 01/31
77992 * 39.90 01/31
77994 * 219.67 01/31
77998 * 1,422.51 01/31
78003 * 5,016.49 01/31
78006 * 8,436.63 01/31
78007 5,270.00 01/31
78014 * 1,900.00 01/31
78019 * 975.00 01/31
78022 * 50.00 01/31
78025 * 253.68 01/31
78039 * 115.00 01/31
78040 1,259.26 01/27
78042 * 544.65 01/28
78049 * 974.00 01/31
78068 * 3,200.00 01/31
$609,256.58 Total checks paid
* Gap in check sequence.
$11,920,949.47 Total debits
Sheet Seq = 0035405
Sheet 00006 of 00008
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 7 of 8 Prior account number: 145398000
Daily ledger balance summary
Date Balance Date Balance Date Balance
12/31 50,000.00
01/03 61,933.00
01/04 50,007.00
01/05 100,378.00
01/06 93,793.00
01/07 50,000.00
01/10 50,000.00
01/11 132,724.00
01/12 523,913.00
01/13 50,000.00
01/14 50,000.00
01/18 61,422.00
01/19 50,639.00
01/20 93,060.00
01/21 50,000.00
01/24 201,106.00
01/25 59,744.00
01/26 50,000.00
01/27 91,414.00
01/28 50,000.00
01/31 89,665.00
Average daily ledger balance $80,961.22
Addendum to Wells Fargo Commercial Account Agreement
Effective March 18, 2022, Wells Fargo is updating the descriptions of its procedures in Wells Fargo's Commercial Account Agreement (and the other agreements governing your commercial deposit account) for determining your account's available balance, posting transactions to your account, and overdrawing your account. In the event of a conflict between this update and any other agreements governing your deposit account, this update will control.
Except as expressly modified by this Addendum, these agreements remain in full force and effect.
In the Wells Fargo Commercial Account Agreement, delete the provision titled "Available balance, posting order, and overdrafts" (and similar provisions in other agreements governing your Wells Fargo commercial deposit account) and replace them with the following:
Available balance, posting order, and overdrafts
How do we determine your account's available balance?
Your account's available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to process your transactions during the day (e.g., wire transfers and other electronic transactions). We also use the available balance when we process your transactions during our nightly processing. We calculate your available balance as follows:
- We start with the ending daily account balance from our prior business day nightly processing that includes all transactions deposited to or paid from your account.
- We subtract from this balance any holds placed on a deposit to your account and any holds placed due to legal process.
- We add pending deposits that are immediately available for your use (including cash deposits, electronic deposits, and the portion of a paper check deposit we make available; see "Funds availability policy" section for details). - We subtract pending withdrawals we have either received (such as wire transfers and other electronic transactions) or are known to us (such as your checks we receive for payment from your account) but have not processed.
How do we post transactions to your account?
We post transactions each business day (Monday through Friday except federal holidays) during our nightly processing. Once we process a transaction, we post the results to your account. There are three key steps to this process. The most common types of transactions are processed as described below.
1. We determine the available balance in your account (as described above) that we can use to pay your transactions.
2. We sort your transactions into three categories: deposits, "must-pay" transactions, and checks and certain ACH payments.
- Deposits. We credit your account for deposits, including cash and check deposits and incoming electronic transfers, received before the cutoff time at the location the deposit or transfer was made. - "Must-pay" transactions. A "must-pay" transaction is a withdrawal/payment we have previously authorized and cannot return unpaid, such as account transfers, and teller-cashed checks. If we receive more than one of these transactions for payment from your account, we will generally sort and pay them based on the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
- Checks and certain ACH payments. Finally, we use your remaining funds to pay your checks and preauthorized ACH payments (such as bills you pay by authorizing a third party to withdraw funds directly from your account). If there is more than one of these types of transactions, they will be sorted by the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
Sheet Seq = 0035406
Sheet 00007 of 00008
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 January 1, 2022 - January 31, 2022 Page 8 of 8 Prior account number: 145398000
3. If the available balance in your account is not enough to pay all of your transactions, we will decide whether to pay your transaction and overdraw your account or return your transaction unpaid. - Important Note: When we receive multiple transactions on the same day and the available balance in your account is not enough to pay all the transactions, we reserve the right to choose the order in which we pay the transactions, including paying the highest dollar amount first or in any other order we determine in our sole discretion.
How do we handle overdrafts?
At our discretion, we are permitted to pay items into overdraft rather than returning them unpaid. You agree to pay the applicable fee associated with an overdraft or returned item. Any overdraft on your account is immediately due and payable, unless we agree otherwise in writing. You agree to reimburse us for any attorneys' fees and other costs and expenses we incur in recovering the overdraft (including overdraft and associated fees). When we post items in the order of highest to lowest dollar amount, the overdraft and returned item fees may be more than these fees would be if we were to post the items in the order of lowest to highest dollar amount.
Sheet Seq = 0035407
Sheet 00008 of 00008
99999999
99999999
Commercial Checking Acct Public Funds
Account number: 4121929244 January 1, 2022 - January 31, 2022 Page 1 of 3 ©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
(182)
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (182)
PO Box 63020
San Francisco, CA 94163
CITY OF BELL
BCHA
6330 PINE AVE
BELL CA 90201-1221
Account summary
Commercial Checking Acct Public Funds
Account number Beginning balance Total credits Total debits Ending balance 4121929244 $0.00 $254,414.06 -$254,414.06 $0.00
Credits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
01/03 383.00 121108250 Ccddeposit 220101 xxxxx0548 Bell Community Housing 01/03 1,675.40 Desktop Check Deposit
01/03 2,477.48 ZBA Balance Account Transfer From 4159281427 01/04 11,833.18 ZBA Balance Account Transfer From 4159281427 01/05 37,604.31 Desktop Check Deposit
01/06 52,074.58 Desktop Check Deposit
01/11 51,473.42 Desktop Check Deposit
01/11 24,048.35 Desktop Check Deposit
01/12 25,524.26 Desktop Check Deposit
01/13 10,657.11 ZBA Balance Account Transfer From 4159281427 01/14 208.95 ZBA Balance Account Transfer From 4159281427 01/18 10,663.58 Desktop Check Deposit
01/19 147.00 ZBA Balance Account Transfer From 4159281427 01/24 5,998.50 Desktop Check Deposit
01/27 7,349.30 Desktop Check Deposit
01/31 2,200.00 Desktop Check Deposit
01/31 10,095.64 ZBA Balance Account Transfer From 4159281427 $254,414.06 Total electronic deposits/bank credits
$254,414.06 Total credits
Sheet Seq = 0027805
Sheet 00001 of 00003
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4121929244 January 1, 2022 - January 31, 2022 Page 2 of 3 Debits
Electronic debits/bank debits
Effective
date
Posted
date Amount
Transaction detail
01/05 37,604.31 ZBA Balance Account Transfer to 4159281427 01/06 52,074.58 ZBA Balance Account Transfer to 4159281427 01/11 75,521.77 ZBA Balance Account Transfer to 4159281427 01/12 25,512.63 ZBA Balance Account Transfer to 4159281427 01/18 10,504.71 ZBA Balance Account Transfer to 4159281427 01/24 5,998.50 ZBA Balance Account Transfer to 4159281427 01/27 7,349.30 ZBA Balance Account Transfer to 4159281427 $214,565.80 Total electronic debits/bank debits
Checks paid
Number Amount Date Number Amount Date Number Amount Date 7813 612.90 01/03
7819 * 3,826.50 01/03
7822 * 7,016.48 01/04
7823 4,816.70 01/04
7825 * 96.48 01/03
7826 7,228.56 01/13
7827 3,428.55 01/13
7828 147.00 01/19
7830 * 158.87 01/18
7831 208.95 01/14
7832 11.63 01/12
7843 * 12,223.12 01/31
7848 * 72.52 01/31
$39,848.26 Total checks paid
* Gap in check sequence.
$254,414.06 Total debits
Daily ledger balance summary
Date Balance Date Balance Date Balance
12/31 0.00
01/03 0.00
01/04 0.00
01/05 0.00
01/06 0.00
01/11 0.00
01/12 0.00
01/13 0.00
01/14 0.00
01/18 0.00
01/19 0.00
01/24 0.00
01/27 0.00
01/31 0.00
Average daily ledger balance $0.00
Addendum to Wells Fargo Commercial Account Agreement
Effective March 18, 2022, Wells Fargo is updating the descriptions of its procedures in Wells Fargo's Commercial Account Agreement (and the other agreements governing your commercial deposit account) for determining your account's available balance, posting transactions to your account, and overdrawing your account. In the event of a conflict between this update and any other agreements governing your deposit account, this update will control.
Except as expressly modified by this Addendum, these agreements remain in full force and effect.
In the Wells Fargo Commercial Account Agreement, delete the provision titled "Available balance, posting order, and overdrafts" (and similar provisions in other agreements governing your Wells Fargo commercial deposit account) and replace them with the following:
Available balance, posting order, and overdrafts
Sheet Seq = 0027806
Sheet 00002 of 00003
999999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4121929244 January 1, 2022 - January 31, 2022 Page 3 of 3 How do we determine your account's available balance?
Your account's available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to process your transactions during the day (e.g., wire transfers and other electronic transactions). We also use the available balance when we process your transactions during our nightly processing. We calculate your available balance as follows:
- We start with the ending daily account balance from our prior business day nightly processing that includes all transactions deposited to or paid from your account.
- We subtract from this balance any holds placed on a deposit to your account and any holds placed due to legal process.
- We add pending deposits that are immediately available for your use (including cash deposits, electronic deposits, and the portion of a paper check deposit we make available; see "Funds availability policy" section for details). - We subtract pending withdrawals we have either received (such as wire transfers and other electronic transactions) or are known to us (such as your checks we receive for payment from your account) but have not processed.
How do we post transactions to your account?
We post transactions each business day (Monday through Friday except federal holidays) during our nightly processing. Once we process a transaction, we post the results to your account. There are three key steps to this process. The most common types of transactions are processed as described below.
1. We determine the available balance in your account (as described above) that we can use to pay your transactions.
2. We sort your transactions into three categories: deposits, "must-pay" transactions, and checks and certain ACH payments.
- Deposits. We credit your account for deposits, including cash and check deposits and incoming electronic transfers, received before the cutoff time at the location the deposit or transfer was made. - "Must-pay" transactions. A "must-pay" transaction is a withdrawal/payment we have previously authorized and cannot return unpaid, such as account transfers, and teller-cashed checks. If we receive more than one of these transactions for payment from your account, we will generally sort and pay them based on the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
- Checks and certain ACH payments. Finally, we use your remaining funds to pay your checks and preauthorized ACH payments (such as bills you pay by authorizing a third party to withdraw funds directly from your account). If there is more than one of these types of transactions, they will be sorted by the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
3. If the available balance in your account is not enough to pay all of your transactions, we will decide whether to pay your transaction and overdraw your account or return your transaction unpaid. - Important Note: When we receive multiple transactions on the same day and the available balance in your account is not enough to pay all the transactions, we reserve the right to choose the order in which we pay the transactions, including paying the highest dollar amount first or in any other order we determine in our sole discretion.
How do we handle overdrafts?
At our discretion, we are permitted to pay items into overdraft rather than returning them unpaid. You agree to pay the applicable fee associated with an overdraft or returned item. Any overdraft on your account is immediately due and payable, unless we agree otherwise in writing. You agree to reimburse us for any attorneys' fees and other costs and expenses we incur in recovering the overdraft (including overdraft and associated fees). When we post items in the order of highest to lowest dollar amount, the overdraft and returned item fees may be more than these fees would be if we were to post the items in the order of lowest to highest dollar amount.
Sheet Seq = 0027807
Sheet 00003 of 00003
99999999
Choice IV-Public Funds {NIB}
Account number: 4159281401 January 1, 2022 - January 31, 2022 Page 1 of 3 Prior account number: 145098007
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
(182)
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (182)
PO Box 63020
San Francisco, CA 94163
CITY OF BELL
PAYROLL ACCOUNT
ATTN CITY TREASURER
6330 PINE AVE
BELL CA 90201-1221
Account summary
Choice IV-Public Funds {NIB}
Account number Beginning balance Total credits Total debits Ending balance 4159281401 $0.00 $703,640.21 -$703,640.21 $0.00
Credits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
01/06 248,661.32 ZBA Balance Account Transfer From 4159281427 01/07 110,508.91 ZBA Balance Account Transfer From 4159281427 01/11 456.16 ZBA Balance Account Transfer From 4159281427 01/12 29,326.21 ZBA Balance Account Transfer From 4159281427 01/18 1,087.72 ZBA Balance Account Transfer From 4159281427 01/20 223,168.83 ZBA Balance Account Transfer From 4159281427 01/21 89,745.52 ZBA Balance Account Transfer From 4159281427 01/31 685.54 ZBA Balance Account Transfer From 4159281427 $703,640.21 Total electronic deposits/bank credits
$703,640.21 Total credits
Debits
Electronic debits/bank debits
Effective
date
Posted
date Amount
Transaction detail
01/06 248,661.32 ACH Prep Origintn - City of Bell Pay - File 1956000677 Coid 1956000677 01/07 89,486.32 < Business to Business ACH Debit - IRS Usataxpymt 010722 270240744492647 City of Bell
01/07 21,022.59 < Business to Business ACH Debit - Employment Devel EDD Eftpmt 80097165 Txp*80097165*01102*220107*T*000*T*2102259*T*21022
01/12 28,998.51 < Business to Business ACH Debit - Voya NAT Trst182 Spnsr P/R 220111 664486 0001 City of Bell
01/20 593.49 WT Fed#01420 Jpmorgan Chase Ban /Ftr/Bnf=NEW York Life Insurance Srf# Gw00000048007133 Trn#220120119669 Rfb# 2650
Sheet Seq = 0035397
Sheet 00001 of 00003
99999999
9999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281401 January 1, 2022 - January 31, 2022 Page 2 of 3 Prior account number: 145098007
Electronic debits/bank debits (continued)
Effective
date
Posted
date Amount
Transaction detail
01/20 222,575.34 ACH Prep Origintn - City of Bell Pay - File 1956000677 Coid 1956000677 01/21 68,244.85 < Business to Business ACH Debit - IRS Usataxpymt 012122 270242142881453 City of Bell
01/21 13,002.16 < Business to Business ACH Debit - Employment Devel EDD Eftpmt 80097165 Txp*80097165*01102*220121*T*000*T*1300216*T*13002
01/21 8,498.51 < Business to Business ACH Debit - Voya NAT Trst182 Spnsr P/R 220120 664486 0001 City of Bell
$701,083.09 Total electronic debits/bank debits
< Business to Business ACH: If this is a business account, this transaction has a return time frame of one business day from post date. This time frame does not apply to consumer accounts.
Checks paid
Number Amount Date Number Amount Date Number Amount Date 40696 456.16 01/11
40700 * 350.18 01/18
40701 327.70 01/12
40702 280.52 01/18
40703 457.02 01/18
40708 * 685.54 01/31
$2,557.12 Total checks paid
* Gap in check sequence.
$703,640.21 Total debits
Daily ledger balance summary
Date Balance Date Balance Date Balance
12/31 0.00
01/06 0.00
01/07 0.00
01/11 0.00
01/12 0.00
01/18 0.00
01/20 0.00
01/21 0.00
01/31 0.00
Average daily ledger balance $0.00
Addendum to Wells Fargo Commercial Account Agreement
Effective March 18, 2022, Wells Fargo is updating the descriptions of its procedures in Wells Fargo's Commercial Account Agreement (and the other agreements governing your commercial deposit account) for determining your account's available balance, posting transactions to your account, and overdrawing your account. In the event of a conflict between this update and any other agreements governing your deposit account, this update will control.
Except as expressly modified by this Addendum, these agreements remain in full force and effect.
In the Wells Fargo Commercial Account Agreement, delete the provision titled "Available balance, posting order, and overdrafts" (and similar provisions in other agreements governing your Wells Fargo commercial deposit account) and replace them with the following:
Available balance, posting order, and overdrafts
How do we determine your account's available balance?
Your account's available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to process your transactions during the day (e.g., wire transfers and other electronic transactions). We also use the available balance when we process your transactions during our nightly processing. We calculate your available balance as follows:
Sheet Seq = 0035398
Sheet 00002 of 00003
99999999
9999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281401 January 1, 2022 - January 31, 2022 Page 3 of 3 Prior account number: 145098007
- We start with the ending daily account balance from our prior business day nightly processing that includes all transactions deposited to or paid from your account.
- We subtract from this balance any holds placed on a deposit to your account and any holds placed due to legal process.
- We add pending deposits that are immediately available for your use (including cash deposits, electronic deposits, and the portion of a paper check deposit we make available; see "Funds availability policy" section for details). - We subtract pending withdrawals we have either received (such as wire transfers and other electronic transactions) or are known to us (such as your checks we receive for payment from your account) but have not processed.
How do we post transactions to your account?
We post transactions each business day (Monday through Friday except federal holidays) during our nightly processing. Once we process a transaction, we post the results to your account. There are three key steps to this process. The most common types of transactions are processed as described below.
1. We determine the available balance in your account (as described above) that we can use to pay your transactions.
2. We sort your transactions into three categories: deposits, "must-pay" transactions, and checks and certain ACH payments.
- Deposits. We credit your account for deposits, including cash and check deposits and incoming electronic transfers, received before the cutoff time at the location the deposit or transfer was made. - "Must-pay" transactions. A "must-pay" transaction is a withdrawal/payment we have previously authorized and cannot return unpaid, such as account transfers, and teller-cashed checks. If we receive more than one of these transactions for payment from your account, we will generally sort and pay them based on the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
- Checks and certain ACH payments. Finally, we use your remaining funds to pay your checks and preauthorized ACH payments (such as bills you pay by authorizing a third party to withdraw funds directly from your account). If there is more than one of these types of transactions, they will be sorted by the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
3. If the available balance in your account is not enough to pay all of your transactions, we will decide whether to pay your transaction and overdraw your account or return your transaction unpaid. - Important Note: When we receive multiple transactions on the same day and the available balance in your account is not enough to pay all the transactions, we reserve the right to choose the order in which we pay the transactions, including paying the highest dollar amount first or in any other order we determine in our sole discretion.
How do we handle overdrafts?
At our discretion, we are permitted to pay items into overdraft rather than returning them unpaid. You agree to pay the applicable fee associated with an overdraft or returned item. Any overdraft on your account is immediately due and payable, unless we agree otherwise in writing. You agree to reimburse us for any attorneys' fees and other costs and expenses we incur in recovering the overdraft (including overdraft and associated fees). When we post items in the order of highest to lowest dollar amount, the overdraft and returned item fees may be more than these fees would be if we were to post the items in the order of lowest to highest dollar amount.
Sheet Seq = 0035399
Sheet 00003 of 00003
99999999
9999999
Choice IV-Public Funds {NIB}
Account number: 4159804517 January 1, 2022 - January 31, 2022 Page 1 of 4 Prior account number: 145701262
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
(182)
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (182)
PO Box 63020
San Francisco, CA 94163
CITY OF BELL
WORKERS COMPENSATION
ATTN CITY TREASURER
6330 PINE AVE
BELL CA 90201-1221
Account summary
Choice IV-Public Funds {NIB}
Account number Beginning balance Total credits Total debits Ending balance 4159804517 $105,518.03 $62,516.50 -$97,215.33 $70,819.20 Credits
Deposits
Effective
date
Posted
date Amount
Transaction detail
01/19 01/20 1,230.00 Reversal of Check Posted 1-19-22 Stale Date Our Ref: 1-19-22 00000000 $1,230.00 Total deposits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
01/11 8,557.63 WT Seq#56870 City of Bell /Org=City of Bell Srf# Gb00000047794592 Trn#220111056870 Rfb# 2642
01/11 6,468.60 WT Seq#56546 City of Bell /Org=City of Bell Srf# Gb00000047794869 Trn#220111056546 Rfb# 2641
01/13 11,505.53 WT Seq134697 City of Bell /Org=City of Bell Srf# Gb00000047868200 Trn#220113134697 Rfb# 2643
01/19 5,072.01 WT Seq#98828 City of Bell /Org=City of Bell Srf# Gb00000047972733 Trn#220119098828 Rfb# 2648
01/25 7,893.20 WT Seq138399 City of Bell /Org=City of Bell Srf# Gb00000048106416 Trn#220125138399 Rfb# 2652
01/27 21,789.53 WT Seq117831 City of Bell /Org=City of Bell Srf# Gb00000048165797 Trn#220127117831 Rfb# 2655
$61,286.50 Total electronic deposits/bank credits
$62,516.50 Total credits
Sheet Seq = 0037385
Sheet 00001 of 00004
99999999
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159804517 January 1, 2022 - January 31, 2022 Page 2 of 4 Prior account number: 145701262
Debits
Checks paid
Number Amount Date Number Amount Date Number Amount Date 15525 1,409.96 01/05
15546 * 60.57 01/03
15547 139.54 01/03
15588 * 88.29 01/05
15589 60.57 01/05
15591 * 88.29 01/05
15593 * 1,365.00 01/13
15637 * 68.82 01/24
15648 * 60.57 01/11
15649 136.57 01/11
15650 136.57 01/11
15653 * 156.02 01/20
15655 * 88.29 01/11
15657 * 580.00 01/03
15658 50,000.00 01/12
15663 * 161.98 01/04
15665 * 4,795.50 01/05
15666 128.06 01/03
15667 128.06 01/03
15670 * 580.00 01/03
15671 580.00 01/10
15672 1,563.00 01/05
15673 10.08 01/06
15674 40.06 01/03
15675 177.70 01/07
15676 190.00 01/28
15677 136.57 01/20
15678 140.65 01/20
15679 140.65 01/20
15680 140.65 01/20
15681 136.57 01/20
15683 * 323.62 01/04
15684 295.61 01/04
15685 580.00 01/11
15686 156.02 01/20
15687 3,765.00 01/11
15688 948.00 01/10
15689 281.30 01/20
15690 190.00 01/28
15691 190.00 01/28
15692 190.00 01/28
15693 88.29 01/14
15694 190.00 01/28
15695 190.00 01/28
15696 190.00 01/28
15697 184.06 01/06
15698 190.00 01/28
15699 23.60 01/06
15700 991.06 01/11
15701 78.02 01/14
15702 300.23 01/10
15703 580.00 01/31
15704 128.16 01/10
15705 109.14 01/10
15706 71.98 01/18
15707 68.00 01/10
15708 315.24 01/19
15709 107.20 01/11
15710 16.50 01/18
15711 33.00 01/18
15712 412.62 01/13
15713 3.66 01/20
15714 0.37 01/20
15715 1,230.00 01/19
15716 243.59 01/21
15717 189.10 01/18
15718 13.43 01/18
15719 580.00 01/18
15720 580.00 01/31
15721 292.54 01/18
15722 580.00 01/24
15723 172.98 01/20
15725 * 80.18 01/18
15726 132.00 01/20
15727 8.08 01/26
15728 22.00 01/24
15729 69.50 01/27
15730 177.13 01/20
15733 * 2,794.96 01/20
15734 59.49 01/20
15735 254.66 01/24
15736 580.00 01/31
15737 463.22 01/24
15738 43.50 01/31
15739 33.00 01/31
15745 * 214.09 01/24
15748 * 6,241.79 01/28
15749 231.59 01/31
15750 4,020.51 01/25
15751 1,795.41 01/28
15752 252.53 01/27
15755 * 141.28 01/27
15757 * 86.96 01/31
15759 * 580.00 01/31
15762 * 372.54 01/31
$97,215.33 Total checks paid
* Gap in check sequence.
$97,215.33 Total debits
Daily ledger balance summary
Date Balance Date Balance Date Balance
12/31 105,518.03
01/03 103,861.74
01/04 103,080.53
01/05 95,074.92
01/06 94,857.18
01/07 94,679.48
01/10 92,545.95
01/11 101,706.92
01/12 51,706.92
01/13 61,434.83
01/14 61,268.52
01/18 59,991.79
01/19 63,518.56
01/20 60,119.54
01/21 59,875.95
Sheet Seq = 0037386
Sheet 00002 of 00004
99999999
99999999
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159804517 January 1, 2022 - January 31, 2022 Page 3 of 4 Prior account number: 145701262
Daily ledger balance summary (continued)
Date Balance Date Balance Date Balance
01/24 58,273.16
01/25 62,145.85
01/26 62,137.77
01/27 83,463.99
01/28 73,906.79
01/31 70,819.20
Average daily ledger balance $76,369.85
Addendum to Wells Fargo Commercial Account Agreement
Effective March 18, 2022, Wells Fargo is updating the descriptions of its procedures in Wells Fargo's Commercial Account Agreement (and the other agreements governing your commercial deposit account) for determining your account's available balance, posting transactions to your account, and overdrawing your account. In the event of a conflict between this update and any other agreements governing your deposit account, this update will control.
Except as expressly modified by this Addendum, these agreements remain in full force and effect.
In the Wells Fargo Commercial Account Agreement, delete the provision titled "Available balance, posting order, and overdrafts" (and similar provisions in other agreements governing your Wells Fargo commercial deposit account) and replace them with the following:
Available balance, posting order, and overdrafts
How do we determine your account's available balance?
Your account's available balance is our most current record of the amount of money in your account available for your use or withdrawal. We use the available balance to process your transactions during the day (e.g., wire transfers and other electronic transactions). We also use the available balance when we process your transactions during our nightly processing. We calculate your available balance as follows:
- We start with the ending daily account balance from our prior business day nightly processing that includes all transactions deposited to or paid from your account.
- We subtract from this balance any holds placed on a deposit to your account and any holds placed due to legal process.
- We add pending deposits that are immediately available for your use (including cash deposits, electronic deposits, and the portion of a paper check deposit we make available; see "Funds availability policy" section for details). - We subtract pending withdrawals we have either received (such as wire transfers and other electronic transactions) or are known to us (such as your checks we receive for payment from your account) but have not processed.
How do we post transactions to your account?
We post transactions each business day (Monday through Friday except federal holidays) during our nightly processing. Once we process a transaction, we post the results to your account. There are three key steps to this process. The most common types of transactions are processed as described below.
1. We determine the available balance in your account (as described above) that we can use to pay your transactions.
2. We sort your transactions into three categories: deposits, "must-pay" transactions, and checks and certain ACH payments.
- Deposits. We credit your account for deposits, including cash and check deposits and incoming electronic transfers, received before the cutoff time at the location the deposit or transfer was made. - "Must-pay" transactions. A "must-pay" transaction is a withdrawal/payment we have previously authorized and cannot return unpaid, such as account transfers, and teller-cashed checks. If we receive more than one of these transactions for payment from your account, we will generally sort and pay them based on the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
- Checks and certain ACH payments. Finally, we use your remaining funds to pay your checks and preauthorized ACH payments (such as bills you pay by authorizing a third party to withdraw funds directly from your account). If there is more than one of these types of transactions, they will be sorted by the date and time we received them. Multiple transactions that have the same time will be sorted and paid from lowest to highest dollar amount.
3. If the available balance in your account is not enough to pay all of your transactions, we will decide whether to pay your transaction and overdraw your account or return your transaction unpaid. - Important Note: When we receive multiple transactions on the same day and the available balance in your account is not enough to pay all the transactions, we reserve the right to choose the order in which we pay the transactions, including paying the highest dollar amount first or in any other order we determine in our sole discretion.
How do we handle overdrafts?
Sheet Seq = 0037387
Sheet 00003 of 00004
99999999
9999999