3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-31 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum (f) Do the prop osed General Plan updates r equire subsequent or supplemental CEQA documentation with respect to expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The City of Bell is located within the inundation paths of the Hansen and Sepulveda Dams. The Hansen Dam is located on the northern edge of the San Fernando Valley, approximately four miles west of Sunland.
Large areas downstream of the Hansen and Sepulveda Dams, including the City of Bell, are at risk of inundation in the event of dam failure. The Hansen and Sepulveda Dams are operated by the Army Corps of Engineers and were constructed primarily for flood control. The flood hazards associated with dam failure will affect most areas south of the dams. However, the 203 0 General Plan FEIR found future development will be exposed to the potential inundation risk from the Whittier, Hansen, and Sepulveda Dams though the level of risk would not increase from either the existing levels or those that are associated with the previously adopted General Plan.
Build out under the proposed Housing Element would not increase the number of residents and workers that had not already been analyzed by the General Plan EIR. The Housing Element proposes 365 units of housing to meet RHNA re quirements, well below the 3,358 units analyzed in the General Plan.
Additionally, most of the dams are flood control dams subject to the safety requirements and inspections by the Division of Safety of Dams. Therefore, no new or greater impacts would occur. (g) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to inundation by seiche, tsunami, or mudflow?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
As analyzed in the General Plan FEIR, there is no potential for seiche or tsunami in Bell since no large surface water bodies (lakes, reservoirs, etc.) are located nearby. The City of Bell is relatively flat with no hilly nor natural terrain that would contribute to a mudslide. Therefore, ther e would be no impacts to inundation by seiche, tsunami, or mudflow.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-32 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum As there is no potential for seiche or tsunami in Bell due to its proximity away from large surface bodies of water, the proposed Housing Element and other General Plan updates would not create additional impacts.
Therefore, no new or greater impacts would occur.
3.9 LAND USE AND PLANNING
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the potential to physically divide an existing community? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The City of Bell is a well- established community consisting of a residential center and industrial neighborhood. The General Plan FEIR found the 2030 General Plan would not result in the disruption or division of the physical arrangement of an established residential community. As a result, the adopted General Plan’s land use impacts are less than significant.
The proposed Housing Element applies to residential and mixed-use projects and, as a result, would not incentivize the construction of transportation or other types of projects that have the ability to physically divide an area as most development is anticipated to be infill development. Projects subject to the Housing Element would be consistent with the existing zoning and the allowable densities specified in the General Plan Land Use Element; any proposed zone change would require discretionary action. Any projects that are not consistent with zoning or the General Plan land use designation (and therefore with the potential to disrupt an existing neighborhood) would be subject to the City’s process for zone changes or General Plan amendments. The Housing Element would not change impacts as compared to those identified for the General Plan; therefore, no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-33 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum (b) Do the proposed General Plan updates r equire subsequent or supplemental CEQA documentation with respect to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR found that in general, the General Plan’s implementation will not involve any changes in the existing land use policy. The land use plan’s major change in land use will involve potential infill mixed-use development within the areas of the City designated as the Mixed-Use Overlay Zone. As indicated previously, this overlay designation applies to those areas located along the Florence Avenue, Atlantic Avenue, and the Gage Avenue corridors. The purpose of this overlay zone is to expand the range of land uses and development to include mixed-use residential development, senior housing development, and multiple -family development on infill parcels. The General Plan’s land use policy provides for a number of “area plans” for key areas of the City. The analysis of land use and planning impacts indicated that no significant adverse impacts on land use and development would result from the implementation of the General Plan.
Development in accordance with the proposed Housing Element would occur primarily in residential and urbanized areas. The Housing Element is consistent with local land use plans, goals, and policies mandating more affordable housing, transit serving development, and mixed-use development served by high-quality transit. The General Plan updates would also further accomplish the goals, objectives, policies and programs of the existing Housing Element of the General Plan by expanding the supply of affordable housing. It would not substantially change impacts as compared to those identified for the General Plan FEIR; therefore, no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-34 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum (c) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to conflict with any applicable habitat conservation plan or natural community conservation plan? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
As described in Section 3.7, Biological Resources, the General Plan FEIR stated the City of Bell is urbanized and plant life is limited to non-native, introduced, and ornamental species, which are used for landscaping.
The City is completely surrounded by established commercial and industrial development. Animal life in Bell and nearby urban areas consists of domesticated species commonly found in an urban setting. Thus, future development within the City would not have any adverse impacts on sensitive plan ts or animals.
The area governed by the General Plan does not include areas governed by a habitat conservation or community conservation plan. As a result, no adverse impacts on local, regional, or State habitat conservation plans would result from the General Plan’s implementation.
The City is located within an urbanized setting, and no natural habitats are found within the City or in adjacent areas. Development through the proposed Housing Element would not make any changes to local, regional, or State ha bitat conservation plans. It would not substantially change impacts as compared to those identified for the General Plan; therefore, no new or greater impacts would occur.
3.10 MINERAL RESOURCES
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Under the Surface Mining and Reclamation Act (SMARA), the California Division of Oil, Gas, and Geothermal has identified significant sources of aggregate materials in the State. No significant sources of sand or gravel resources have been identified in the City of Bell or the adjacent areas. Also, the map
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-35 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum showing significant aggregate resources indicate the City of Bell is in an area where no significant mineral deposits are present and there is little likelihood for their presence. 11 The Tujunga-Soboba association, found on the eastern section of the Central City along the Los Angeles River, is a good source of sand though the Los Angeles River has been completely channelized and sand mining activity is no longer possible. A portion of the Bandini oil field underlies the Cheli industrial area of the City of Bell. Records concerning oil production indicate there are 14 wells located in the Bandini oil field with an annual production of 45,600 barrels. The remaining reserves in the Bandini oil field are estima ted at 100 million barrels. The wells tapping the Bandini oil field are not located within the City of Bell though they are located in adjacent cities. There are no active oil wells within the City and the exploratory wells at the Cheli industrial area have long since been abandoned and plugged. Therefore, there would be no impacts to mineral resources.
As there are no mineral resources in Bell, development under the proposed Housing Element would not contribute to the loss of a known mineral resources. Therefore, no newer or greater impacts would occur. (b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
As described above, the City of Bell has no known mineral resources; therefore, there would be no impacts to the loss of availability of a locally important mineral resource recovery site delineated on a general plan, specific plan, or other land use plan.
The proposed General Plan updates will also not affect mineral resource zones or otherwise result in the loss of locally important mineral resources. It would not substantially change impacts as compared to those identified for the General Plan; therefore, no new or greater impacts would occur.
11 California Department of Conservation Division of Mines and Geology Mineral Re sources Program SMARA Mineral Land Classification Project. Publications of the SMARA Mineral Land Classification Project Dealing with Mineral Resources in California. May 14, 2001.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-36 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum
3.11 NOISE AND VIBRATION
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
To determine the existing and future noise levels along major roadways and transportation facilities, future traffic noise levels were again determined using on -site surveys and the California Department of Transportation (CALTRANs) Traffic Noise Prediction Model. Traffic generated by future development envisioned under the General Plan would result in an incremental increase in traffic noise along local streets. Generally, a change in the ambient noise levels of between 3.0 dB to 5.0 dB is required for it to be perceptible under normal conditions. Because of the logarithmic character related to noise propagation, a doubling in traffic volumes is generally required to result in result in such a c hange. For larger projects, additional environmental analysis may be required to determine the nature and scope of noise -related mitigation. Traffic generated by future development supported by the General Plan would not represent a doubling of existing tr affic volumes. Furthermore, any new development would not result in any significant noise impacts not already envisioned under the existing Adopted General Plan. As a result, the future noise impacts from future development in the planning area would be less than significant.
The potential stationary noise impacts are site specific. The impacts of the future development projects will require evaluation on a project specific basis. Furthermore, the analysis herein concluded that the implementation of the General Plan would not result in any significant environmental impacts. As a result, the 2030 General Plan would not result in any significant cumulative noise impacts.
Construction as a result of development due to t he proposed Housing Element would likely not create significant impact outside of those examined in the 2030 adopted General Plan. The analysis contained in the FEIR determined that short -term construction impacts would be less than significant through the implementation of the City’s Noise Ordinance and any impact would be temporary and cease once the construction phases are completed. The potential long-term impacts would not be any different from that anticipated for any common development project. Therefore, the proposed Housing Element would not
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-37 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum substantially change impacts as compared to those identified for the General Plan, and no new or greater impacts would occur.
(b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Dec lined by Proponent?
o þ
The 2030 General Plan FEIR found that future development would result in short -term construction impacts. However, the construction noise would subside once construction of a particular project is completed. Two types of noise impacts could occur during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along local roadways. Even though there could be a relatively high single event noise exposure potential with passing trucks (a maximum noise level of 86 dBA at 50 feet), the increase in noise would be less than 1.0 dBA when averaged over a 24-hour period.
12 Composite construction noise is best characterized by a study prepared by the Environmen tal Protection Agency (Bolt, Beranek, and Newman). In this study, the noisiest phases of construction for commercial development are presented as 89 dBA while residential development are presented as 88 dBA Leq, both as measured at a distance of 50 feet fr om the construction effort. These values take into account both the number of pieces and spacing of the heavy equipment used in the construction effort. In later phases during building erection, noise levels are typically reduced from these values and the physical structures further break up line -of-sight noise. However, as a worst -case scenario, the 89 dBA value should be used as an average noise level for any future construction effort. All construction activities will be subject to the City of Bell Munic ipal Code and regulated between the hours of 7:00 A.M. and 7:00 P.M. As such, no construction activities shall be permitted outside of these hours. Adherence to City Code requirements will ensure that any potential future construction noise impacts will be less than significant.
The analysis of noise impacts indicated that no significant adverse impacts would result from the implementation of the proposed General Plan FEIR. There are a number of policies included in the General
12 U.S. Environmental Protection Agency, Noise from Construction Equipment Operations, Building Equipment and Home Appliances, 1971.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-38 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum Plan that would also be applicable to future development that may be directly or indirectly supported through the Plan.
Construction through the proposed Housing Element is not anticipated to result in significant generation of groundborne vibration or groundborne noise levels in excess of City standards. Development projects subject to the Housing Element would likely be residential or mixed-use projects and would not include the development of industrial land uses typical of excessive groundborne vibration or groundborne noise levels. Therefore, development through the proposed Housing Element would not intensify impacts as compared to those identified for the General Plan; no new or greater impacts would occur. (c) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Future development would result in short -term construction impacts. However, the construction noise would subside once construction of a particular project is completed. Two types of noise impacts could occur during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along local roadways. Even though there could be a relatively high single event noise exposure potential with passing trucks (a maximum noise level of 86 dBA at 50 feet), the increase in noise would be less than 1.0 dBA when averaged over a 24-hour period. 13 Composite
construction noise is best characterized by a study prepared by the Environmental Protection Agency (Bolt, Beranek, and Newman). In this study, the noisiest phases of construction for commercial development are presented as 89 dBA while residential development are presented as 88 dBA Leq, both as measured at a distance of 50 feet from the construction effort. These values take into account both the number of pieces and spacing of the heavy equi pment used in the construction effort. In later phases during building erection, noise levels are typically reduced from these values and the physical structures further break up line-of-sight noise. However, as a worst-case scenario, the 89 dBA value should be used as an average noise level for any future construction effort. All construction activities will be subject to the City of Bell Municipal Code and regulated between the hours of 7:00 A.M. and 7:00 P.M. As such, no construction
13 U.S. Environmental Protection Agency, Noise from Construction Equipment Operations, Building Equipment and Home Appliances, 1971
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-39 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum activities shall be permitted outside of these hours. Adherence to City Code requirements will ensure that any potential future construction noise impacts will be less than significant.
Projects developed under the proposed Housing Element could generate traffic that could co ntribute to elevated noise levels from mobile sources along roadways. However, such projects would be required to implement General Policies to mitigate potential impacts that would result in a less than significant contribution to traffic and consequently noise. Moreover, the Housing Element proposes 365 units in comparison to the 3,358 units analyzed in the General Plan EIR. T herefore, buildout under the proposed element would not substantially change impacts as compared to those identified for the General Plan FEIR.
No new or greater impacts would occur.
(d) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The City of Bell roadway noise contour data were generated with the Federal Highway Administration's Highway Traffic Noise Prediction Model, U.S. Department of Transportation (1978). Model input data included existing average daily traffic levels; day/evening/night percentages of autos, medium, and heavy trucks; vehicle speeds; ground attenuation factors; and roadway widths. The distance from the roadway centerline to the roadway's 60, 65 and 70 dB CNEL contours for the existing conditions (1996) are provided in Table 3-16. Atlantic Avenue, Florence Avenue, Eastern Avenue, Slauson Avenue, and Gage Avenue are the major generators of noise within Bell. The I-710 freeway also generates traffic noise within the City. As shown, traffic noise levels dominate the ambient noise environment along Gage, Florence, and Eastern Avenues, and the I-710 Freeway. These noises affect residences, trailer parks, a convalescent home, and other noise sensitive uses located along major roadways.
Future development would result in short -term construction impacts. However, the construction noise would subside once construction of a particular project is completed. Two types of noise impacts could occur during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along local roadways. Even though there could be a relatively high single event noise exposure potential with passing trucks (a maximum noise level of 86 dBA at 50
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-40 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum feet), the increase in noise would be less than 1.0 dBA when averaged over a 24-hour period.14 Composite construction noise is best characterized by a study prepared by the Environmental Protection Agency (Bolt, Beranek, and Newman). In this study, the noisiest phases of construction for commercial development are presented as 89 dBA while residential development are presented as 88 dBA Leq, both as measured at a distance of 50 feet from the construction effort. These val ues take into account both the number of pieces and spacing of the heavy equipment used in the construction effort. In later phases during building erection, noise levels are typically reduced from these values and the physical structures further break up line-of-sight noise. However, as a worst-case scenario, the 89 dBA value should be used as an average noise level for any future construction effort. All construction activities will be subject to the City of Bell Municipal Code and regulated between the h ours of 7:00 A.M. and 7:00 P.M. As such, no construction activities shall be permitted outside of these hours. Adherence to City Code requirements will ensure that any potential future construction noise impacts will be less than significant.
Projects deve loped under the proposed Housing Plan could generate traffic that could contribute to elevated noise levels from mobile sources along roadways. However, most projects would result in a less than significant contribution to traffic and therefore noise. Proj ects would be required to implement General Policies that mitigate potential impacts. Because the maximum amount of development under the Housing Element is far less than that analyzed in the General Plan EIR, the Housing Element would not increase nor intensify impacts; therefore, no new or greater impacts would occur. (e) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
(f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR explains that development is required to be consistent with any applicable Airport Land Use Compatibility Plan (ALUCP) constraints pertaining to nearby developments. Compliance with
14 U.S. Environmental Protection Agency, Noise from Construction Equipment Operations, Building Equipment and Home Appliances, 1971
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-41 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum land use compatibility policies included in the Land Use Element and Noise Element of the General Plan would ensure that development would not conflict with airport land use plans. Therefore, the General Plan EIR found that future development under the General Plan would be consistent with adopted ALUCPs and there would be no significant noise exposure impacts relative to airport or airstrip noise levels (and would not exacerbate existing impacts).
Development under the proposed Housing Element would be required to comply with policies included in the Land Use Element and Noise Element of the General Plan to ensure that development would not conflict with airport land use plans. The Housing Element projects would not substantially change impacts as compared to those identified for the General Plan FEIR; therefore, no new or greater impacts would occur.
3.12 POPULATION AND HOUSING
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to induce s ubstantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Cumulative and growth-inducing impacts are generally associated with the provision of urban services to an undeveloped or rural area, such as utilities, improved roadways, and expanded public services. The General Plan FEIR found the build -out population and housing projections for the General Plan is comparable to that projected for the then existing Adopted General Plan (2021-2029). Finally, the majority of those land use designation changes envisioned as part of the 2030 General Plan’s implementation are designed to promote conformity with the underlying land uses. As a result, the General Plan will result in growth in population and housing over the current 2014 condition, though it will result in a reduction in the attendant impacts as compared to the 2021-2029 General Plan. The analysis of land use and planning impacts indicated that no significant impacts on housing and population would result from the implementation of the General Plan.
The proposed General Plan updates include the need for additional housing, specifically affordable housing set asides in applicable zones and submarket areas. The 2029 6th Cycle RHNA indicates that the
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-42 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum City of Bell needs a total of 365 units of housing,15 but the proposed Housing Element recommends 365 residential units. According to the US Census Bureau, the City of Bell has 3.90 persons per household.
Therefore, 365 units of housing would lead to a population increase of approximately 1,424 people.
Considering the total population of the City is 35,521, the proposed Housing Element would increase the population by four percent. The General Plan EIR analyzes environmental impacts for 3,358 units of housing for a population increase of 13,096 people (37 percent). Therefore, the proposed Housing Element is not anticipated to result in a substantial increase in population, and the effects of the proposed Housing Element on its own would be minimal and well within the assumptions of the General Plan FEIR. The General Plan updates would not substantially change impacts as compared to those identified for the 2030 General Plan; therefore, no new or greater impacts would occur. (b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere or displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan Update EIR concluded that existing uses would continue even where new zoning and land use designations are proposed. None of the existing uses would be forced to be removed or relocated as a result of the project implementation. Compliance with the Housing Element would facilitate the development of a variety of housing types by providing a supply of land that is adequate to accommodate the RHNA and maintain an inventory of housing opportunities sites. Therefore, the General Plan EIR found no significant impacts.
Development under the proposed Housing would not result in the displacement of substantial numbers of existing housing units, either market rate or affordable. The purpose of the proposed Housing Element along with the Environmental Justice Element is to increase affordable housing supply in the City of Bell.
Both elements would work with RHNA to help ensure there is no net loss of affordable housing. Therefore,
15 SCAG 6th Cycle Final RHNA Allocation Plan. Southern California Association of Governments. March 4, 2021.
Available online at: https://scag.ca.gov/sites/main/files/file-attachments/6th-cycle-rhna-proposed-final-allocation- plan.pdf?1614023284.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-43 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum the General Plan updates would not increase impacts as compared to those identified for the 2030 General Plan; no new or greater impacts would occur.
3.13 PUBLIC SERVICES
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services:
• Fire protection and emergency response
• Police Protection
• Schools
• Parks
• Other Public Facilities
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Fire Protection and Emergency Response
The City of Bell contracts with the Los Angeles County Fire Department (LACFD) for fire protection and emergency services. Fire stations are located in the City of the Bell and the surrounding area to meet the demand for fire protection in the area. The LA CFD has a service area covering over 22,000 square miles.
There are 235 fire stations throughout the County which respond to approximately 200,000 calls per year.
The City of Bell has access to all the resources and facilities of the County Fire Department. Thus, other fire stations may respond to a fire in the City of Bell if the need arises. The County Fire Station No. 163 is located at the Civic Center of Bell and provides first response to the Central City. Fire Station No. 27 on Rickenbacker Road in Bell serves the Cheli industrial area. There are also a number of other fire stations in the surrounding area that may also serve the City of Bell when needed. Response time county -wide is under five minutes.
To ensure emergency water supply throughout the City, new construction is required to meet specific fire flow standards. Fire flows for individual structures are calculated according to size of the structure (floor area), type of construction (wood, non -combustible, fire-resistant), building height, presence of sprinkler systems, distance between buildings, and type of use. The Los Angeles County Fire Department's Fire Prevention Bureau determines the minimum flows for new construction based on building plans and developers are responsible for providing adequate fire flows. This ensures that hydrant capacity is
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-44 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum available to meet fire emergency needs of all developments. The City of Bell follows the County Fire Department Fire Code standards for fire flows and emergency access roads. Fire flows of 1,000 gallons per minute (gpm) to 5,000 gpm at 20 pounds per square-inch of residual pressure for a duration of two to five hours is needed at residential and commercial uses, with hydrants every 300 to 600 feet, based on the type of occupancy. The fire standards outlined above are subject to the following conditions:
• Fire flow increases with building size (square feet) and/or lot coverage. Twenty pounds per square inch (psi) and 600 feet hydrant spacing is required for single -family dwelling. Twenty psi and 300 f eet hydrant spacing is required for all other occupancies.
• Road width increases where parallel parking allowances, hydrant requirements, serial fire suppression requirements, or aerial fire suppression requirements indicate the need. • A minimum 20 feet private road width is permitted only if life safety is not jeopardized, topography, or lot shape/dimensions are constraints, and the Fire Department grants discretionary approval. • A paved access is required if any portion of the first floor, building exterior is more than 150 feet from a public vehicle access (private driveway, bridge, alley). • Final fire flow will be based on the size of the building, its relationship to adjacent structures and the type of construction.
The water system must be capable of supplying adequate quantities of water for firefighting purposes, in addition to the daily supply for domestic demand in the area. Adequate reservoir capacity is determined by the availability of water for peak day supply plus fire flow requirements. Generally, peak day supply is twice the average day demand and total fire flow requirements are estimated by the population of the area.
The provision of adequate roadway widths will facilitate emergency response during a disaster. The City supports fire access standards that have been established by the County Fire Department to ensure access for firefighting equipment to all areas of the City. The adopted General Plan would not introduce any new significant adverse impacts on fire department services not already anticipated in the adopted City of Bell General Plan. All future development supported in whole or part within the planning area would reflect the development contemplated to occur under the City’s General Plan. Any future development within the planning area may occur in the absence of the General Plan’s implementation. Given that the newer construction would lessen the likelihood for structural fires, the greatest potential increase in service demands would be related to paramedic calls. The removal over older substandard structures and blighted properties would have a beneficial impact in terms of reducing structural hazards and risk.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-45 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum The projects subject to the proposed Housing Element are not expected to substantially increase the local population while assisting the increase in stock of affordable housing in the City. The General Plan EIR examined potential buildout of 3,358 residential units whereas the Housing Element proposes a maximum buildout of 365 units, far less than the General Plan. Therefore, the proposed Housing Element would not intensify nor increase impacts as compared to those identified for the adopted General Plan; no new or greater impacts would occur.
Law Enforcement
The General Plan FEIR found that the intensification of land use within the City may also result in an increase in the demand for police services related to general calls for service. As part of the Sheriff Department’s annual review, demand shall be evaluated, and resources allocated as necessary. For larger projects, additional environmental analysis may be required to determine the nature and scope of potential impacts on law enforcement services. The anticipated net increase in demand associated with the General Plan’s adoption would not be significantly different from the existing levels.
The proposed Housing Element would require additional housing units to comply with RHNA and accommodate Bell’s population . Similar to fire services, the projects subject to the proposed Housing Element that increase the stock of housing in the City are not expected to substantially increase the local population because such increases have been anticipated and analyzed in the General Plan EIR . The Housing Element would not substantially change impacts as compared to those identified for the adopted General Plan; therefore, no new or greater impacts would occur.
School Services
The Los Angeles Unified School District (LAUSD) serves the residential neighborhoods located in Bell. The City is home to a new primary school (Escutia Primary Center), three elementary schools (Corona Avenue Elementary School, Nueva Vista Elementary School, and Woodlawn Avenue Elementary School), and a high school (Bell High School). The Magnolia Science Academy was established in the fall of 2010. Orchard Academy 2B/2C shares the same site as the Magnolia Science Academy. Bell is also within the service boundaries of the Los Angeles Community College District.
The General Plan EIR described the 2000 U. S. Census breakdown of the number of residents by age group as well as the number attending school to project future enrollments. To provide a maximum case, all of the prospective school aged students were assumed to be attending school. Of the total number citywide residents, approximately 10.5% were grade school-aged, 15.5% were middle school-aged, and 11.7% were high school-aged. All new development, including potential residential development within the planning
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-46 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum area would be required to pay the mandatory school district development fees. As a result, the proposed project’s impacts on school facilities are not considered to be significant or adverse.
Development under the Housing Element is meant to increase housing units in the City though not to a level exceeding the analysis in the General Plan FEIR. Therefore, the Housing Element would not increase the population beyond what was anticipated in the General Plan. Projects subject to the proposed element would be required to pay established impact fees at the time of building permit issuance, which would adequately mitigate any impacts generated to school service. Henceforth, development under the Housing Element would not substantially change impacts as compared to those identified for the General Plan; no new or greater impacts would occur.
Library Services
The Bell Library is located on 4411 East Gage Avenue and is part of the Los Angeles County Library System.
The library was first established in 1913 as the 29th branch of the County of Los Angeles Public Library System. After having been relocated several times, a new library was constructed at the present location in 1960. The library building has 4,863 square feet of floor area. Due to the rapid growth of the community, the building was expanded in 1973. The current collection includes books in Arabic, Spanish, and English.
Other resources include computer work-stations, free wi-fi, and computers for smaller children. The FEIR found that the analysis of public services and utilities indicated that no significant adverse impacts would result from the implementation of the General Plan taking into account the number of policies included in the General Plan that would be applicable to future development.
The General Plan FEIR examined a maximum buildout of 3,358 residential units; however, the proposed Housing Element recommends 365 residential units, well below the amount analyzed in the General Plan.
Given impacts were found to be less than significant in the FEIR and there would not be a substantial increase in population, it is unlikely additional libraries would need to be constructed as a result of the Housing Element. Regardless, consistent with the adopted General Plan, projects subject to the Housing Element would be required to pay the County’s established library facility fee at the time of building permit issuance, which would adequately mitigate any impacts generated to libraries. Therefore, the proposed element would not substantially change impacts as compared to those identified for the 2030 General Plan; no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-47 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum
3.14 RECREATION
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Because of the urban and developed character of the city, open space land is limited . Virtually all of the parcels in the City have been developed with the remaining vacant parcels limited to infill properties likely to be developed in the near term. A large number of vacant parcels in the westerly portion of the City have been cleared to accommodate the construction of a new school. Other open space areas have been set aside as easements for utilities, landscaped yard areas, and for flood control. The City of Bell Department of Parks and Recreation maintains and operates nine parks totaling 14.5 acre s. The 2030 General Plan found there are two areas that are geographically underserved by parks. The first area is the Cheli area that is developed as industrial. At the time of the FEIR, no neighborhoods are found within this area and, as a result, no park facilities are required.
16 A second area is located in the south -central portion of the Central City area roughly bounded by Gage Avenue on the north, Florence Avenue on the south, Otis Avenue on the west, and Heliotrope Avenue on the east. It is significant that the Bell High School campus is centrally located within this underserved area. As indicated in a preceding section, a joint use agreement has been initiated between the LAUSD and the City to use certain campus facilities for community recreation. When the Bell High School is identified as having a 0.5 service area, virtually all of the City’s neighborhoods are located within a 0.5-mile distance of a park. More significantly, all of the City neighborhoods are located within a maximum 15-minute walking distance of a park. The FEIR concluded that there are a number of policies in the adopted 2030 General Plan that will require future development to provide additional parkland or in lieu fees that will reduce the severity of the parkland deficiency to mitigate impacts.
The 2030 General Plan found that it would not involve the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be
16 The City has since developed the Salvation Army Oasis Apartments which offers 64 affordable studio apartment units as permanent supportive dwellings for the homeless, including those facing chronic mental illness or disability and chronic homelessness. The community also has an on-site health clinic, employment services, gym, and community room.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-48 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum accelerated. The General Plan would not require the construction and expansion of recreational facilities to accommodate projected demand. Therefore, impacts would be less than significant. There are a number of policies in the General Plan that will require future development to provide additional parkland or in lieu fees that will reduce the severity of the parkland deficiency to mitigate impacts.
The proposed Housing Element includes the need for additional housing, specifically affordable housing set asides in applicable zones and submarket areas. The 2029 6th Cycle RHNA indicates that the City of Bell needs a total of 229 units of housing, and the proposed Housing Element recommends 365 residential units. According to the US Census Bureau, the City of Bell has 3.90 persons per household. Therefore, 365 units of housing would lead to a population increase of approximately 1,424 people. Considering the total population of the City is 35,521, the proposed Housing Element would increase the population by four percent. The General Plan EIR analyzes environmental impacts for 3,358 units of housing for a population increase of 13,096 people (37 percent). Hence, the proposed Housing Element would not intensify population increases beyond what was analyzed in the General Plan FEIR, and consequently impact on local parks. The existing General Plan policies would require future development to provide additional parkland or in lieu fees that would reduce the severity of the parkland deficiency to mitigate impacts.
Therefore, no new or greater impacts would occur.
(b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to including recreational facilities or requires the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
According to most conventional park and open space standards, between 2.5 acres and 5.0 acres of park land for every 1,000 persons is considered to be optimal. Assuming a standard of 2.5 acres of open space land per 1,000 persons, the City would need to pr ovide more than 95 acres of open space to meet this standard. The City’s total land area is 1,796 acres and the 95 acres standard would represent approximately 5% of the total land area of Bell. As a result, this standard’s application to the City is not f easible. A significant portion of the City’s land area consists of the Los Angeles River (186-acres) and the Cheli area (approximately 400-acres which is developed entirely industrial and has little need for parks). The Central City portion of Bell that co ntains all of the residential neighborhoods has an approximate land area of 1,200acres. Bell is not typical of many communities in that all of its 36,716 residents live within the Central
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-49 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum City area that has an east -to-west distance of approximately 1.85 mi les and a north -to-south distance of approximately 0.75 mile. This compact configuration enables the City to more efficiently utilize its existing facilities to meet the recreation and open space needs of local residents. This is borne out by Exhibit 3 -11 that indicates the theoretical service areas of the local parks. The light green circles represent a park service radius of 0.5 mile. In other words, the areas that are adequately served by the existing facilities are located within the green-shaded circles.
There are two areas that are geographically underserved by parks. The first area is the Cheli area that is developed as industrial. No neighborhoods are found within this area and, as a result, no park facilities are required. A second area is located in the south-central portion of the Central City area roughly bounded by Gage Avenue on the north, Florence Avenue on the south, Otis Avenue on the west, and Heliotrope Avenue on the east. It is significant that the Bell High School campus is centrally loca ted within this underserved area. As indicated in a preceding section, a joint use agreement has been initiated between the LAUSD and the City to use certain campus facilities for community recreation. When the Bell High School is identified as having a 0.5 service area, virtually all of the City’s neighborhoods are located within a 0.5-mile distance of a park. More significantly, all of the City neighborhoods are located within a maximum 15 -minute walking distance of a park. There are a number of policies in the Draft General Plan that will require future development to provide additional parkland or in lieu fees that will reduce the severity of the parkland deficiency. Therefore, impacts would be less than significant.
As discussed above, buildout through the proposed Housing Element may lead to some population growth although it would not be substantial enough to create additional impacts analyzed in the adopted General Plan FEIR. Projects subject to development would comply with existing federal, state, and local regulations regarding parks and recreational facilities. They would also be required to adhere to the existing General Plan policies would require future development to provide additional parkland or in lieu fees that would reduce the severity of the parkland deficiency to mitigate impacts. Therefore, no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-50 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum
3.15 TRANSPORTATION AND TRAFFIC
(a) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? (b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ?
o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR concludes that it will not result in a conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). There are a number of goals and policies included in the draft City of Bell General Plan that will also be applicable to future development that may be directly or indirectly suppor ted through the general plan update. Mobility and Circulation Element Policy 1 states that the City of Bell shall continue to participate in regional transportation planning efforts. The City shall participate in all regional transportation planning and de velopment initiatives including those hosted by SCAG, Caltrans, Los Angeles County MTA, and ECO Rapid Transit.
Mobility and Circulation Element Policy 2 states that the City of Bell shall continue to work with adjacent cities to improve area -wide circulation. These will include area plans related to transit routes and stops, development of bus turnouts and shelters, signal synchronization, and arterial ro adway improvement projects. Finally, Mobility and Circulation Element Policy 4 states that the City of Bell shall continue to initiate the design and engineering of roadway improvement projects throughout the City as a means to implement the General Plan. The Engineering Department shall continue to pursue grants to rehabilitate City roadways and will strive to manage these projects so they are completed on schedule and budget. The City shall continue to implement the pavement management plan and the City’s CIP program.
As further described below, the mitigation measures included in the General Plan FEIR would no longer be applicable, as they aim to reduce level of service impacts. Since certification of the General Plan FEIR, CEQA has been revised such that delay-based metrics including level of service (and associated mitigation measures) are no longer required. Instead CEQA now requires that vehicle miles travelled (VMT) be the primary metric for evaluating transportation impacts.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-51 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum Development under the proposed Housing Element would require increased housing principally in the residential community of Bell. The General Plan EIR analyzed impacts for 3,358 residential units whereas the Housing Element update proposes 365 units, well below that of the General Plan. The location of units has been identified in the draft element and in general would be located in urbanized areas in close proximity to transit and walkable areas. Two sites have been identified in the Cheli community which is predominately industrial in nature; however, these sites are within an existing Salvation Army Oasis Gardens Apartment complex which currently has 64 units of affordable housing and could accommodate more housing. The Housing Element sees an opportunity for the City to provide more shelter for residents who want to transition to permanent housing. The General Plan updates would not substantially change traffic impacts as compared to those identified for the 2030 General Plan FEIR; therefore, no new or greater impacts would occur.
(b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The adopted General Plan is not anticipated to result in the development of a new airport within the City of Bell nor will it introduce new land uses that could prevent safety hazards to air traffic. The City is located in a completely built out urban environment south of the City of Los Angeles. The entire City is 2.62 square miles and would not be able to accommodate an airport nor airstrip. Therefore, there would be no impact.
The potential for development in the proposed Housing Element would be limited in number and therefore unlikely to significantly affect flight paths or air travel. Although the Housing Element would increase the amount of housing that would be eligible for incentives such as height increases, it is unlikely that projects would exceed 200 feet in height (a threshold for consultation with the Federal Aviation Administration).
Existing FAA regulations and the ALUCPs and are intended to identify and properly address potential airport hazards prior to implementation of specific projects. The proposed General Plan updates would not substantially change impacts as compared to those identified for the 2030 General Plan; therefore, no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-52 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum (c) Do the General Plan updates r equire subsequent or supplemental CEQA documentation with respect to substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR found that there would not be substantially increased hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). General Plan Mobility and Circulation Element Policy 7 states that the City of Bell shall require new developments to include design features to mitigate adverse impacts upon the local circulation system. All new development projects must promote and facilitate walkable streets, bus transit, bicycling, parking, efficient goods movement, and other components of the transportation syst em. Transit related improvements shall be identified as part of the conditions of approval through the design review and environmental review processes. The General Plan FEIR found impacts to be less than significant with these mitigation policies incorporated.
Development in accordance with proposed Housing Element is not anticipated to result in hazards due to design features or increase conflicts between incompatible uses. The General Plan updates would not result in changes being made to the local roadways or impede public access on any public right-of-way. Therefore, implementation of the proposed elements would not have a significant impact related to design feature hazards and would not substantially change impacts as compared to those identified for the General Plan FEIR; no new or greater impact would occur.
(d) Do the General Plan updates r equire subsequent or supplemental CEQA documentation with respect to inadequate emergency access?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR found that development would not result in inadequate emergency access. For projects of sufficient size, discretionary review of emergency access is evaluated on a project-by-project basis. Buildout will enhance the capacity of the roadway system by upgrading roadways and intersections,
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-53 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum when necessary, ensure that the future dedication and acquisitions of roadways are based on projected demand, and implement the construction of paved crossover points through medians for emergency vehicles. Impacts would be less than significant.
Under the proposed General Plan updates, the Health and Safety Element examines emergency response and evacuation plans and how they pertain to the overall General Plan. Development under the Housing Element would not substantially increase populatio n or the number of total housing units significantly impacting emergency access routes. Projects subject to the proposed General Plan Elements would be required to implement applicable regulations as well as General Plan goals and policies to reduce the risk of impaired implementation or physical interference of an adopted emergency response plan or emergency evacuation plan. Therefore, impacts would be less than significant and no new or greater impacts would occur.
(e) Do the General Plan updates r equire subsequent or supplemental CEQA documentation with respect to conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The General Plan FEIR concludes that it will not result in a conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). There are a number of goals and policies included in the draft City of Bell General Plan that will also be applicable to future development that may be directly or indirectly supported through the general plan update. Mobility and Circulation Element Policy 1 states that the City of Bell shall continue to participate in regional transportation planning efforts. The City shall participate in all regional transportation planning and development initiatives including those hosted by SCAG, Caltrans, Los Angeles County MTA, and ECO Rapid Transit.
Mobility and Circulation Element Policy 2 states that the City of Bell shall continue to work with adjacent cities to improve area -wide circulation. These will include area plans related to transit routes and stops, development of bus turnouts and shelters, signal synchronization, and arterial roadway improvement projects. Finally, Mobility and Circulation Element Policy 4 states that the City of Bell shall continue to initiate the design and engineering of roadway improvement projects throughout the City as a means to implement the General Plan. The Engineering Department shall continue to pursue g rants to rehabilitate City roadways and will strive to manage these projects so they are completed on schedule and budget. The City shall continue to implement the pavement management plan and the City’s CIP program.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-54 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum The proposed Housing Element would require increased housing principally in the residential community of Bell. Two sites have been identified in the Cheli community which is predominately industrial in nature; however, these sites are within an existing Salvation Army Oasis Gardens Apartmen t complex which currently has 64 units of affordable housing and could accommodate more housing. The Housing Element sees an opportunity for the City to provide more shelter for residents who want to transition to permanent housing. However, it would not increase the number of residential units not already analyzed in the General Plan EIR. In general, projects would likely be located in urbanized areas in close proximity to transit and walkable areas. Therefore, the development under the proposed Housing Element would not substantially change traffic impacts as compared to those identified for the 2030 General Plan FEIR; no new or greater impacts would occur.
3.16 UTILITIES AND SERVICE SYSTEMS
Wastewater Treatment and Collection
(a) Do the General Plan up dates require subsequent or supplemental CEQA documentation with respect to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The City of Bell is located within the Central Basin Municipal Water District (CBMWD) which regulates groundwater pumping rights in the basin. The district charges a fee for water in excess of pumping rights, and water companies may buy or lease additional water from the CBMWD. The district's reclaimed water line extends through the City of Bell in Otis Avenue. This line was installed in 1994. The City of Bell is served by five water companies. The 2030 General Plan FEIR found existing development consumes an estimated 376,250 gallons of water on a daily basis. The future development and land uses are projected to consume 827,500 gallons of water on a daily basis. This translates into a net increased daily water consumption of 451,250 gallons. The majority o f this additional consumption is related to the increased housing development envisioned for the planning area. For larger projects, additional environmental analysis may be required to determine the nature and scope of infrastructure impacts and any requi site mitigation.
The proposed Housing Element recommends 365 units of residential housing in the City of Bell. Such an increase is well within the maximum build out of 3,358 units analyzed in the General Plan EIR. Therefore,
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-55 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum development under the Housing Element would not exceed the residential units analyzed in the entirety of the 2030 General Plan. Hence, the proposed element would not substantially change impacts as compared to those identified for the 2030 General Plan FEIR; no new or greater impacts would occur. (b) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(b) Would require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (c) Would result in a determination by the wastewater treatment provider which serves or may serve the project that is has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments?
Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The 2030 General Plan FIER found existing development generates an estimated 270,900 gallons of effluent on a daily basis. Future development and land uses analyzed in the General Plan are projected to generate 595,800 gallons of effluent on a daily basis. This translates into a net increased effluent generation of 324,900 gallons per day. As is the case with water consumption, the majority of this additional generation is related to the increased housing development envisioned for the planning area. For la rger projects, additional environmental analysis may be required to determine the nature and scope of infrastructure impacts and any requisite mitigation. Despite this, the 2030 General Plan FEIR found no significant impacts to wastewater treatment facilities.
Development under the Housing Element would likely occur in urbanized areas zoned for residential development and would be expected to connect to the existing sewer lines. The size of individual projects is anticipated to be relatively small, resulting in minor impacts to the sewer system in the vicinity of each site. Moreover, buildout under the Housing Element is 365 units, well below the 3,358 units analyzed in the General Plan EIR. Regardless, development projects would be required to comply with all applicable City and General Plan policy regulations. Therefore, the proposed Housing Element would not substantially change impacts as compared to those identified for the General Plan; n o new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-56 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum Water Supply and Distribution System
(c) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(d) Would require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (e) Would not have sufficient water supplies available to serve the project from existing entitlements and resources, and new and/or expanded entitlements would be needed? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The City of Bell is located within the service area of the Sanitation District’s 1, 2, and 8 of Los Angeles County (Districts 1, 2, and 8). The nearest wastewater treatment plant to the City is the Joint Water Pollution Control Plant located in Carson. This wastewater treatme nt plant (WRP) has a treatment capacity of 350 million gallons of wastewater per day and serves a population of approximately 3.5 million people. Treated wastewater is disinfected with chlorine and conveyed to the Pacific Ocean. Bell participates, with oth er communities, in the Century and Rio Hondo Water reclamation projects which delivers 22,000 acre-feet of reclaimed water per year. The reclamation projects utilize pump stations from the two largest Sanitation Districts’ Water Reclamation plants including the San Jose Creek WRP in Whittier and Los Coyotes WPR in Cerritos.
The 2030 General Plan FEIR found the 2030 General Plan’s potential to exceed or not resolve ongoing problems with wastewater treatment requirements of the applicable regional water quality control board.
It also found the Plan’s potential to require or result in the need for upgrading/expansion of existing new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts.
Development under the proposed Housing Element does not increase development beyond what is already analyzed in the 2030 General Plan. It is unlikely to result in projects that would not have sufficient reliable water supplies availabl e to serve the project demands from existing entitlements and resources.
Developments constructed as a result of the project are likely to be located in infill areas on land previously developed with residential and served by water systems that would provide will -serve letters verifying water supply. Projects would be subject to the General Plan’s policies off -setting potential impacts.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-57 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum Therefore, development through the proposed Housing Element would not intensify impacts as compared to those identified for the 2030 General Plan; no new or greater impacts would occur.
Solid Waste
(d) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(f) Would be served by a landfill with insufficient permitted capacity to accommodate the project's solid waste disposal needs?
(g) Would not comply with federal, state, and local statutes and regulations related to solid waste? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
Existing development generates approximately 6,020 pounds of solid waste on a daily basis. Under the 2030 General Plan, the FEIR projected future development and land uses to generate 13,240 pounds of solid waste on a daily basis, translating into a net inc rease of 7,220 pounds of solid waste on a daily basis. The majority of this additional solid waste generation is again related to the increased residential development envisioned for the planning area. For larger projects, additional environmental analysis may be required to determine the nature and scope of infrastructure impacts and any requisite mitigation. With the number of policies included in the City of Bell General Plan that would also be applicable to future development, the General Plan FEIR conc ludes that buildout would not require construction of new or expanded landfills, and impacts are found to be less than significant.
Development under the proposed Housing Element would not increase that which is anticipated under buildout of the adopted General Plan. The proposed Housing Element is unlikely to result in projects that would significantly impact landfill capacity. Inclusionary housing developments are likely to be located in areas with existing residential uses that are already served by exi sting landfills. Projects that obtain planning and building approvals would be consistent with solid waste regulations. Therefore, the proposed Housing Element would not increase impacts in comparison to those identified in the General Plan; no new or greater impacts would occur.
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-58 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum Other Utilities
(e) Do the General Plan updates require subsequent or supplemental CEQA documentation with respect to the following:
(h) Would increase demand for other public services or utilities? Yes No
New Significant Environmental Effect Caused by a Change in the Project or Circumstances?
o þ
Substantial Increase in the Severity of a Previously Identified Significant Effect Caused by a Change in the Project or Circumstances ? o þ
New or Substantially More Severe Significant Impacts Shown by New Information?
o þ
Ability to Ability to Substantially Reduce a Significant Effect Shown by New Information but Declined by Proponent ?
o þ
The 2030 General Plan FEIR found future development within the planning area would involve a commitment of nonrenewable resources associated with the construction and operation of any future development. During construction, the use of building materials (e.g., aggregate, sand, cement, steel, glass) and energy resources (e.g., gasoline, diesel fuel, electricity) would be largely irreversible and irretrievable.
Energy would also be consumed in the processing of building materials and for the transport of these materials and construction workers to individual work sites. Industrial and commercial land uses generally have a life expectancy that may extend up to 50 years. The resources consumed during the normal operation of these uses will be similar to those consumed by existing development. Title 2 4 (Part 6 of the California Building Standards Code) energy conservation standards are mandatory and will be applied to development within the added areas. Vehicles used by workers and visitors will consume motor fuel; however, these activities are part of normal industrial and commercial operations and are not considered a significant or wasteful use of resources.
Development and construction through the proposed Housing Element would not increase development beyond what is already anticipated under buildo ut of the adopted General Plan. Inclusionary housing projects are likely to be located on land previously developed with residential uses and served by existing electrical utilities . The proposed updates would not intensify change impacts as compared to th ose identified for the adopted General Plan; therefore, no new or greater impacts would occur.
3.17 CUMULATIVE IMPACTS
Cumulative projects are described in the Chapter 1.0, Introduction, Section 1.7, Background and Planning History.
Section 15130 of the CEQA Guidelines requires that an EIR evaluate potential environmental impacts that are individually limited but cumulatively significant. CEQA defines cumulative impacts as “two or more
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-59 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum individual effects which, when considered together, are considerable or which compound or increase other environmental impacts” ( Guidelines § 15355). “‘Cumulatively considerable’ means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects” (Guidelines § 15065(a)(3)).
The purpose of a cumulative analysis is to determine if several projects when evaluated together c ould result in a significant “cumulative” impact that would otherwise not be considered significant when projects are evaluated one at a time. If several projects considered together have the potential to result in a significant cumulative impact (that is not already identified as a significant project impact), the question becomes whether the project being analyzed would result in a “considerable” contribution to such a significant cumulative impact. Therefore, if a project results in a significant impact by itself, then its contribution to a cumulative impact is considerable. Mitigation measures that reduce project impacts would similarly reduce a project’s contribution to cumulative impacts.
Cumulative impacts occur in one of two ways: 1) impacts from one project overlap with impacts from another project, 2) the other way that cumulative impacts occur is when a resource is of value to a broader community than just the immediate project vicinity, for example, impacts to a cultural or biological resource that has more than local significance, for example state or even national significance, impacts to such a resource would be cumulative with impacts to other resources of similar significance wherever they occur in the state or across the entire US.
The proposed General Plan elements including the Housing Element currently prepared by the City of Bell would work to facilitate the development analyzed in the General Plan FEIR, with a focus on increasing housing options and affordability within the City. Although the housing ordinances have some common goals, they are not dependent on one another; each has independent utility.
The proposed Housing Element is expected to result in the development of new housing that would be generally consistent at a City-level with the overall development assumptions analyzed in the General Plan FEIR. As discussed throughout this addendum, the types of impacts that would generally be expected to occur are those that are common to housing projects, such as construction and population related effects.
The total number of units that are anticipated to be constructed as a result of the Housing Element would be well below the number evaluated in the General Plan FEIR. The General Plan FEIR analyzes impacts for 3,358 residential units, whereas the Housing Element proposes 365. The Housing Element would result in a small subset of the overall growth evaluated in the General Plan FEIR and the impacts would be less than those identified within the adopted 2030 General Plan. As such, development under the Housing Element would not result in a cumulatively considerable contribution to the impacts identified in the General Plan
3.0 Environmental Analysis
Impact Sciences, Inc. | 1335.004 3.0-60 Proposed General Plan Elements December 2021 General Plan Updates Environmental Impact Report Addendum FEIR; rather they are part of the overall development anticipated in the General Plan and would facilitate that development rather than increasing it.
Impact Sciences, Inc. 4.0-1 Proposed General Plan Elements December 2021 General Plan Update Final Environmental Impact Report Addendum
4.0 REFERENCES AND PREPARERS
4.1 REFERENCES
City of Bell 2030 Comprehensive General Plan Update & Bicycle Master Plan, Bell California, State Clearinghouse No. 2017121002, Certified May 9, 2018 . A vailable online at:
https://www.cityofbell.org/home/showpublisheddocument/10125/636522145820770000 and https://www.cityofbell.org/home/showpublisheddocument/11533/636625924628730000 Bell, City of Draft Bell General Plan. Section 5. Conservation, Open Space, and Recreation Element.
Administrative Draft, June 24, 2009.
California Department of Fish and Wildlife. Bios Viewer. https://apps.wildlife.ca.gov/bios/ California Department of Conservation Division of Mines and Geology Mineral Resources Program SMARA Mineral Land Classification Project. P ublications of the SMARA Mineral Land Classification Project Dealing with Mineral Resources in California. May 14, 2001.
California State Scenic Highway System Map. California Department of Transportation. Available online at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116 f1aacaa, accessed November 17, 2021.
City of Bell 2030 Comprehensive General Pl an Update & Bicycle Master Plan, Bell California, State Clearinghouse No. 2017121002, Certified May 9, 2018 . A vailable online at:
https://www.cityofbell.org/home/showpublisheddocument/10125/636522145820770000 and https://www.cityofbell.org/home/showpublisheddocument/11533/636625924628730000 FEMA. Flood Zones, Definition/Description. http://www.fema.gov/floodplain-management/flood-zones Los Angeles County Department of Regional Planning (January 2018) Los Angeles County Affordable Housing Action Plan. http://planning.lacounty.gov/assets/upl/project/housing_la_ahap_action- plan.pdf
Los Angeles County Rents in Crisis: A Call for Action, California Housing Partnership Corporation (May 2017). Available online at: http://1p08d91kd0c03rlxhmhtydpr.wpengine.netdna-cdn.com/wp- content/uploads/2017/05/Los-Angeles-County-2017.pdf
Maxwell, C. (February 24, 2017). New Study Finds Los Angeles County Needs 551,807 Affordable Homes. https://chpc.net/resources/newsletter-new-study-finds-los-angeles-county-needs-551807- affordable-homes/
SCAG 6th Cycle Final RHNA Allocation Plan. Southern California Association of Governments. March 4, 2021. Available online at: https://scag.ca.gov/sites/main/files/file-attachments/6th-cycle-rhna- proposed-final-allocation-plan.pdf?1614023284.
South Coast Air Quality Management District. CEQA Air Quality Handbook. April 1993.
4.0 References and List of Preparers
Impact Sciences, Inc. 4.0-2 Proposed General Plan Elements December 2021 General Plan Update Final Environmental Impact Report Addendum U.S. Environmental Protection Agency, Noise from Construction Equipment Operations, B uilding Equipment and Home Appliances, 1971.
U.S. Fish and Wildlife Service. Data Mapper. Available online at:
https://www.fws.gov/wetlands/data/mapper.html, accessed on August 3, 2021.
4.2 LIST OF PREPARERS
Impact Sciences, Inc., has prepared this environmental document under contract to the City of Bell. Persons directly involved in the review and preparation of this report include:
City of Bell, Community Development (Lead Agency)
Manuel Acosta, Community Development Director
Paula Kelly, Contract Planner
Megan Covarrubias, Assistant Planner
Impact Sciences, Inc.
Jessica Kirchner Flores, AICP, Managing Principal
John R. Anderson, Associate Principal
Yasmeen Hussain, Planner III
Kara Yates Hines, MPS, Publications Manager
The Arroyo Group
Phil Burns, AICP, Principal
Margaret Muñoz, Associate Planner
Option #1
Option #2
Option #3 Option #4
Option #5
01135.0006/779071.10
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF BELL
and
TRANSTECH ENGINEERS, INC.
01135.0006/779071.10 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF BELL AND
TRANSTECH ENGINEERS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ____ day of April, 2022 by and between the CITY OF BELL , a California charter city (“City”) and TRANSTECH ENGINEERS, INC , a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For
01135.0006/779071.10 2
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 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be
01135.0006/779071.10 3
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS
01135.0006/779071.10 4
($750,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed n ecessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
01135.0006/779071.10 5
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one (1) year terms.
01135.0006/779071.10 6
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Ali Cayir President
(Name) (Title)
Ayla Jefferson Building Official
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Community Development Director Manuel Acosta, or his designee. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any
01135.0006/779071.10 7
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that
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has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination
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of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless fr om, any and all actions, either judicial,
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administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as
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shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally a ccepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed
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after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
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7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
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reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection
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therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
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judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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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 charter city
Alicia Romero, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:
TRANSTECH ENGINEERS, INC.
By:
Name: Allen Cayir
Title: CEO
By:
Name: Sybil Cayir
Title: Secretary
Address:13367 Benson Avenue
Chino, CA 91710
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01135.0006/779071.10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
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.
01135.0006/779071.10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
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.
01135.0006/779071.10 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will provide contract building official, building inspector, and plan check related services for, and on behalf of, the City (collectively “Services”). The Services shall include, but not be limited to, the following:
A. Building Official Services. Consultant shall provide a highly qualified individual to serve as the City’s contract Building Official, who shall be at City Hall an average of not less than 8 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer, and who shall:
1. Oversee the City’s Building & Safety Division in accordance with the direction provided by the Contract Officer; and
2. Provide and prepare updates to the City’s Building Code for adoption by the City Council; and
3. Make best efforts to resolve resident inquiries and complaints related to the City’s Building & Safety Division; and
4. Process complex Building Code issues and dispute resolution; and
5. Provide quality control review of plan checks and building inspections; and
6. Regularly update, as necessary, the City’s Building and Safety procedure manual; and
7. Participate in pre-development review of projects and provide comments to appropriate City staff; and
8. Prepare, or provide information to the appropriate City staff for agenda reports for the Planning Commission and City Council as requested; and
9. Attend Planning Commission and City Council meetings (as requested); and
10. Be responsible for supervising the building inspectors including the Bilingual Building Inspector (see paragraph B below); and
11. Oversee plan checking, building inspections, code compliance, and act as an official City representative on building related matters; and
12. Shall be available on an as-needed basis for questions and quality control of work during the time he/she is not at City Hall; and
01135.0006/779071.10 A-2
13. Prepare monthly reporting of Building and Safety activities and annual reporting.
B. Building Inspector Services. Consultant shall provide a highly qualified individual, bi-lingual in Spanish and English, to serve as the City’s contract Building Inspector, who shall be at City Hall an average of not less than 10 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer, and who shall:
1. Administer, enforce, and conduct inspections to ensure compliance with California and City building codes and other related state codes including, but not limited to, grading, building, electrical, mechanical, plumbing, etc.; and
2. Handle resident inquiries and resolve complaints; and
3. Construction and demolition permitting process; and
4. Prepare pre-sale reports; and
5. Maintain records and files concerning construction permits and building code administration, documents for storage and/or imaging; and
6. Accompany staff out to the field for inspections or doing work write-up services for the City’s rehabilitation program.
C. Plan Check Services. Consultant shall provide highly qualified individual(s) to perform plan check related services including, but not limited to, the following:
1. Conduct plan checking for compliance with all relevant California and City building codes and other related state codes including, but not limited to, grading, erosion control, building, electrical, mechanical, plumbing, and other codes duly adopted by the Bell Municipal Code (“Codes”) ; and
2. Conduct plan check monitoring, permit issuance for grading, building, electrical, mechanical, and plumbing work and any other work conducted pur;
3. Conduct inspection services for all relevant Codes including California and City building codes and other related state codes including, but not limited to, grading, building, electrical, mechanical, plumbing; and
4. Regularly update, as necessary, the City’s Building and Safety procedure manual; and
5. Oversee and administer the City’s construction and demolition permitting process.
01135.0006/779071.10 A-3
D. Miscellaneous Services of Building and Inspection Division. Consultant shall provide other services only as requested by the Contract Officer, including emergency services.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Month Productivity Status Reports
B. Other documentation requested by the City as it relates to the Services identified above:
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly reporting of Building and Safety activities.
B. Daily and Weekly logs of plan checks and inspections.
C. Weekly tracking records of plan check status and inspections.
D. Annual Building and Safety activities reports.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Ayla Jefferson, Chief Building Official
B. William R. Dorman, Building Official, Plan Check
C. Jeremy Reed, Building Inspector
D. Reggie Ramirez, Building Inspector
E. Jeffrey Kao, Plan Check
01135.0006/779071.10 A-4
F. Calvin Chang, Plan Check
G. Robert Hernandez, Plan Check
H. Joseph De Peralta, Plan Check
I. Carlos Pineda, Plan Check
01135.0006/779071.10 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Section 1.1, “Scope of Services,” is hereby amended and shall now read as follows:
“In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein in a manner consistent with the professional skill and care ordinarily provided by members of Consultant’s profession practicing in the same or similar locality under the same or similar circumstances. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.”
Section 1.3, “Compliance with Law,” is hereby amended and shall now read as follows:
“Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all applicable ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.”
Section 1.5, “Compliance with Law,” is hereby amended and shall now read as follows:
“By executing this Agreement, Consultant warrants represents that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants represents that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.”
01135.0006/779071.10 B-2
Section 1.10, “CDBG Requirements,” is hereby added and shall read as follows:
“Consultant acknowledges and agrees to comply with the following requirements of the Community Development Block Grant program:
(a) Source of Funds.
The City has applied for and received funds from the United States Government under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383 through the Community Development Block Grant (CDBG) Program. CDBG funds will be utilized to fund CDBG eligible activities only. Non-CDBG eligible activities will be funded with other funds.
(b) Record-Keeping and Reporting.
Pursuant to 24 C.F.R. Section 85.36(i)(10), the Consultant shall maintain all books, documents, papers, and records that are directly pertinent to the Agreement for the purpose of making audits, examinations, excerpts and transcripts. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible.
Pursuant to 24 C.F.R. Section 85.36(i)(11) and the Los Angeles County Development Commission’s requirements, Consultant shall retain all required records for a period of five (5) years after the City makes final payments and all other pending matters are closed.
At any time during normal business hours and as often as the City, County of Los Angeles (“County”), the State, HUD and/or Comptroller General of the United States (“Comptroller”) may deem necessary, the Consultant shall make available to the aforementioned entities or their representatives or agents for examination all of Consultant’s records with respect to all matters covered by this Agreement. Consultant will permit the City, the County, the State, HUD, the Comptroller and/or any of their representatives or agents to audit, examine and make excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to the matters covered by this Agreement. Consultant shall provide to the City, the County, the State, HUD, and/or the Comptroller all requested documentation resulting throughout the course of or under this Agreement.
(c) CDBG Regulations.
Consultant agrees to comply with the requirements of Part 570 of Title 24 of the Code of Federal Regulations, which states the U.S. Department of Housing and Urban Development’s regulations concerning CDBG, and all federal regulations and policies issued pursuant to these regulations.
01135.0006/779071.10 B-3
(d) Fair Employment Practices/Equal Opportunity Acts.
In the performance of this Agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Section 12940 et seq .), the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq .), and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.).
(e) Labor Standards and Civil Rights.
Consultant agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland “Anti-Kickback” Act (18 U.S.C. 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq .); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). Consultant agrees to comply with the requirements of all other applicable federal, State and local laws and regulations. (f) Environmental Conditions.
Pursuant to 24 C.F.R. Section 85.36(i)(13), Consultant agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163, 89 Stat. 871).
(g) Lobbying Certifications.
The County Lobbyist Code Chapter 2.160 County Ordinance No. 93-0031 Certification is attached hereto As Exhibit “E.” Consultant shall complete and file this Certification as required.
The Federal Lobbyist Requirements Certification is attached hereto as Exhibit “E”.
Consultant shall complete and file this Certification with the City. (h) Conflicts of Interest.
Consultant agrees, on behalf of itself and its family, and its members, officers, employees and agents and their families, not to accept any employment or representation or otherwise obtain a financial interest or benefit during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement. Consultant shall comply with all applicable federal, State, and County laws
01135.0006/779071.10 B-4
and regulations governing conflict of interest including but not limited to 24 CFR Part 570.611 and 24 CFR Part 85, Section 85.36(b).
Consultant shall take appropriate steps to assure compliance with paragraph (a) of this section, and will incorporate the following provision into every sub-contract:
"Interest of Subcontractor and Employees. The Subcontractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this Contract. Any interest on the part of the Subcontractor or his employees must be disclosed to the Recipient and the City, provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation by residents of the area."
(i) Consultant’s Warranty of Compliance with County’s Defaulted Property Tax Reduction Program.
The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at County Ordinance No. 2009-0026 and codified at County Code Chapter 2.206 (“County Ordinance”). Consultant shall keep County property taxes out of default status at all times during the term of this Agreement, as required by the County Ordinance.
Failure of the Consultant to maintain compliance with the requirements set forth in the County Ordinance shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within ten (10) days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at County Ordinance No. 2009-0026 and codified at County Code Chapter 2.206. Additionally, failure of the Consultant to comply with the provisions of the County Ordinance may prevent the Consultant from being awarded a new contract by the City.
Section 2.4, “Invoices,” is hereby amended and shall now read as follows:
“Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying
01135.0006/779071.10 B-5
compliance with all provisions of the Agreement. (As used in this Agreement, the term “certify” shall mean an expression of the Consultant’s professional opinion to the best of its information, knowledge and belief, and does not constitute a warranty or guarantee by the Consultant.) The invoice shall detail charges for all necessary and actual expenses by the following categories:
labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts.
Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.”
Subsection (a) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:
“(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive commercial general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.”
Subsection (c) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:
“(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
Consultant does not have any owned or leased autos.”
Subsection (d) of Section 5.1, “Insurance Coverages,” is hereby amended and shall now read as follows:
“(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability subject to applicable policy terms and conditions. The professional liability insurance required by this Agreement must be endorsed to be applicable apply to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.”
The following sentence shall be added to the end of Section 5.2, “General Insurance Requirements,” and shall state as follows:
“Notwithstanding the foregoing, the additional insured requirements of this Section 5.2 shall not apply to Professional Liability Insurance.”
01135.0006/779071.10 B-6
Section 5.3, “Indemnification,” is hereby amended and shall now read as follows:
“To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents representatives (“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 whe ther actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity to the extent arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or negligent failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all reimburse the City its’ reasonably incurred costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith to the extent a claim or liability is determined to have been caused by the negligence, recklessness, or willful misconduct of Consultant, or as the parties otherwise agree in settlement; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents representatives or employees for any such claims or liabilities to the extent arising out of or in connection with the negligent performance of or negligent failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall not have an upfront duty to defend the Indemnified Parties but shall have a duty to reimburse reasonable defense fees and costs to the extent claims or liabilities are determined to have been caused by the negligence, recklessness or willful misconduct of Consultant, or as the parties otherwise agree in settlement Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities to the extent arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and
01135.0006/779071.10 B-7
liabilities to the extent arising out of the negligence, recklessness or willful misconduct of the design professional Consultant. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.” Section 6.3, “Ownership of Documents,” is hereby amended and shall now read as follows:
“All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties responsibility shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
01135.0006/779071.10 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Using the categories of Services identified in Section I of Exhibit A, City shall compensate Consultant as follows irrespective of the number of hours and cost it actually takes Consultant to complete those Services:
TASKS Services Method of Compensation
A and
B
Building Official and Building Inspector
Services
Consultant will receive 57% of
each Building Permit Fee received
by the City that the Consultant
works on as the combined
compensation for both services.
C. Plan Check Services Consultant will receive 57 % of
each Building Plan Check Fee
received by the City that the
Consultant works on.
D. Miscellaneous Services Consultant will be compensated on an hourly basis based on the
schedule of hourly rates shown in
Exhibit C-1.
II. Within the budgeted amounts identified in Section II above, and with the approval of the Contract Officer, funds may be shifted from one subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
01135.0006/779071.10 C-2
IV. The total compensation for the Services shall not exceed Seven Hundred Fifty Thousand Dollars and No Cents ($750,000.00) as provided in Section 2.1 of this Agreement, with an annual not-to-exceed amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) per year.
01135.0006/779071.10 C-3
EXHIBIT “C-1”
HOURLY RATES
A consumer price index (CPI) increase will apply to all rates above except for those rates related to the building official, plan checker and inspector classifications.
01135.0006/779071.10 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2020. The City Council, in its sole and absolute discretion, shall have the option to extend the term of the Agreement with up to two (2) one-year extensions upon the same terms and conditions.
II. Consultant shall perform the Services described in Section I.A of Exhibit A timely in accordance with the following schedule:
Task Building Official Services Timeframe for Completion A All Duties set forth in Section A of Section I of
Exhibit “A”
As directed by the Contract
Officer or their designee
B Building Inspector Services Timeframe for Completion
All Duties set forth in Section B of Section I of
Exhibit “A”
As directed by the Contract
Officer or their designee
C Plan Check Services Timeframe for Completion
Major plan check such as multi-family residential,
commercial, and other non-residential project 10 business days Subsequent & resubmitted plan checks; new single-
family house; and, simple tenant improvements for
non-residential buildings
5 business days
Minor plan checks such as room additions of single-
family house, detached structures, re-roofing, etc.,
3 business days if submitted into plan check or over
the counter during City Hall hours of 8:00am to
4:00pm. City Hall hours may be changed by the
City in its sole discretion at any time.
Building inspection The following working day if request is received before 2 PM.
Grading plan check for new construction 10 business days Subsequent or resubmitted grading plan checks 5 business days Grading inspection The following working day if request is received
Service - Counter
Return of phone calls Within 24 hours
Monthly accounting and reporting Completed at the end of each month
01135.0006/779071.10 D-2
III. The Contract Offi cer may approve extensions for performance of the services in accordance with Section 3.2.
01135.0001/784782.6
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF BELL
and
MUNICIPAL TRANSLATION COMPANY
01135.0001/784782.6 1
CITY OF BELL
CONTRACT SERVICES AGREEMENT FOR
TRANSLATION AND INTERPRETATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this ______day of April, 2022, by and between the CITY OF BELL , a California municipal corporation herein (“City”) and MUNICIPAL TRANSLATION COMPANY, a sole proprietor (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Hilda Estrada, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. And has provided said services since 2015.
C. Ms. Estrada, as a sole proprietor, has recently created the Municipal Translation Company.
D. Ms. Estrada has agreed to continue providing services as the Municipal Translation Company at substantially similar prices as charged by Ms. Estrada since 2015.
E. The City has determined that the competitive bidding would be unavailing and/or would not produce an advantage as its the costs would very likely increase, since the rates offered by Municipal Translation Company do not reflect any significant price increase since the establishment of the prices in 2015.
F. In addition, pursuant to the City of Bell Municipal Code section 3.12.080(F)(5) which provides an exception to the public requirements, City has authority to enter into and execute this Agreement as the provider of the professional services detailed herein involve a high degree of technical or individual skill. This is in part demonstrated by Ms. Hilda’s translation certifications which includes an Interpretation and Translational Certification provided by the State of California Judicial Council and an Administrative Courts Certification provided by the Department of Justice.
G. 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:
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ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and faci lities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other
01135.0001/784782.6 4
Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FIFTY FIVE THOUSAND DOLLARS ($ 55,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the
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following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the 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
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and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from July 1, 2022 to June 30, 2025, , except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Hilda Estrada Owner__
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
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4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Angela Bustamante, City Clerk, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent
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(25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
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5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform
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Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
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(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless fr om, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
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Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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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 Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceed ing. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests
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provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, pro ceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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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 br each or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to
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this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their r ace, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
01135.0001/784782.6 18
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money,
01135.0001/784782.6 19
consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
01135.0001/784782.6 20
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
CONSULTANT:
MUNICIPAL TRANSLATION COMPANY,a
sole proprietor
By:
Name: Hilda Estrada
Title: Interpreter
Address: 9220 Brookshire Ave., Unit 206
Downey CA 90240
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01135.0001/784782.6
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.
01135.0001/784782.6
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.
01135.0001/784782.6 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Simultaneous, Spanish language interpretation services at all regularly scheduled City Council Meetings. Regular City Council Meetings are held on the second and fourth Wednesdays of every month starting at approximately 7:00 PM.
B. Spanish language interpretation services at special meetings, community events, planning commission meetings, townhall meetings, and other meetings as requested by the Contract Officer.
C. Bilingual exams (up to two (2) exams in an hour).
D. On an as needed basis, the Consultant will provide written Spanish translation for agendas, publications, notices, press releases, flyers, web-based text, and other information for a variety of City programs and departments.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Written Spanish translations on an as needed basis III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Status reports due upon request by City
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Hilda Estrada
01135.0001/784782.6 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
01135.0001/784782.6 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
RATE SUB-BUDGET
A. Simultaneous, Spanish
language interpretation
services at all regularly
scheduled City Council
Meetings
$1,300.00/meeting $31,200.00
B. Spanish language
interpretation services at
special meetings, community
events, planning commission
meetings, townhall meetings,
and other meetings as
requested by the Contract
Officer
Special meetings,
community events,
townhall meetings, and
other meetings =
$100.00/HR
Planning commission
meetings = $200.00/HR
$17,000.00
C. Bilingual exams (up to two (2)
exams in an hour)
$400.00/HR $4,800.00
D. On an as needed basis, the
Consultant will provide written
Spanish translation for
agendas, publications, notices,
press releases, flyers, web-
based text, and other
information for a variety of
City programs and
departments
$0.30/word $2,000.00
TOTAL $55,000.00
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the appr oval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the
01135.0001/784782.6 C-2
Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as follows:
A. Unless a different rate is identified in the above table, Hilda Estrada’s rate is $200 per hour
01135.0001/784782.6 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform
A. Simultaneous, Spanish language
interpretation services at all
regularly scheduled City Council
Meetings
Second and Fourth
Wednesday of Every
Month, Starting at 7:00pm
B. Spanish language interpretation
services at special meetings,
community events, planning
commission meetings, townhall
meetings, and other meetings as
requested by the Contract
Officer
As Requested by the
Contract Officer
C. Bilingual exams (up to two (2)
exams in an hour)
As Needed Basis
D. On an as needed basis, the
Consultant will provide written
Spanish translation for agendas,
publications, notices, press
releases, flyers, web-based text,
and other information for a
variety of City programs and
departments
As Needed Basis
And must be returned to
the City no later than seven
calendars days from
submittal by City unless
additional time is provided
by City
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Consultant shall return written translated material within seven (7) calendar days of City’s request unless otherwise authorized by the Contract Officer.
III. The Contract Offi cer may approve extensions for performance of the services in accordance with Section 3.2.
Report Date: 4/27/2022
Issuer / Book Market % of YTM
CUSIP Security Value Value * Portfolio (Market Y)
LAIF 20,760,135 20,760,135 66.30% 0.37%
See Attached Asset-Backed Security 1,010,905 992,922 3.18% 2.24% See Attached Agency Issues 3,086,542 3,037,543 9.71% 1.80% See Attached Commercial Mortagage 702,510 704,944 2.26% 1.97% See Attached Corporate 2,045,496 2,002,530 6.40% 2.23%
See Attached Money Market 15,161 15,161 0.05% 0.01%
See Attached Supranational 533,445 511,658 1.64% 2.36%
See Attached US Treasury 3,362,187 3,262,412 10.42% 2.26% Accrued Interest 25,795
Totals 31,516,380$ 31,313,099$ 100%
Bank Account Balances:
Wells Fargo Bank Stagecoach Sweep General Checking: 1,157,527.94$ Wells Fargo Bank Commercial Checking Choice IV-Public Funds: 52,732.00 Wells Fargo Bank Bell Community Housing Authority Checking Account: 1 -
Wells Fargo Bank Payroll Account: 2
-
Wells Fargo Bank Worker's Compensation Account: 3
111,250.30
1,321,510.24$
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 03/31/2022 City of Bell Investment Report
LAIF Deposit and Core Investments
March 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 33,233,351.99 MARCH 25,624,394.74 25,161,017.39 32,837,890.46
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 868,000.36 868,000.36 100.00% 0.37%
Totals 868,000.36$ 868,000.36$ 100.00%
Bank Account Balances:
Wells Fargo Bank Successor to RDA: 146,355.35$
* 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
March 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 1,325,546.77
MARCH 1,098,088.53 1,140,655.41 1,014,355.71
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
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
April 01, 2022
LAIF Home
PMIA Average Monthly
Yields
CITY OF BELL
CITY TREASURER
6330 PINE A VENUE
BELL, CA 90201
Account Number: 98-19-059
March 2022 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 20,760,134.50
Total Withdrawal: 0.00 Ending Balance: 20,760,134.50
xxxxxxx
STAGECOACH SWEEP
WELLS FARGO BANK, N.A.
P.O. BOX 63020
THIS STATEMENT COVERS 03/01/2022 THROUGH 03/31/2022
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.
ALLSPRING TREASURY PLUS MMF A CLS
Transaction Detail
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 03-01 2,085,875.57 .010 % .000000274 0.57
03-02 2,184,777.60 .010 % .000000274 0.60
03-03 2,166,918.45 .010 % .000000274 0.59
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
3-01-2022 Beginning Balance 2,082,853.91
3-01-2022 Next Day Sweep Purchase 3,008.76
3-01-2022 Reinvested Dividend 12.90
3-02-2022 Next Day Sweep Purchase 98,902.03
3-03-2022 Sweep Funds Return To DDA 17,859.15
3-04-2022 Sweep Funds Return To DDA 257,913.48
3-07-2022 Sweep Funds Return To DDA 103,595.05
3-08-2022 Next Day Sweep Purchase 18,348.02
3-09-2022 Next Day Sweep Purchase 11,523.51
3-10-2022 Sweep Funds Return To DDA 58,899.22
3-11-2022 Sweep Funds Return To DDA 2,266.64
3-14-2022 Next Day Sweep Purchase 5,422.40
3-15-2022 Sweep Funds Return To DDA 61,962.17
3-16-2022 Sweep Funds Return To DDA 47,517.64
3-17-2022 Next Day Sweep Purchase 98,576.06
3-18-2022 Sweep Funds Return To DDA 216,176.05
3-21-2022 Sweep Funds Return To DDA 91,655.39
3-22-2022 Sweep Funds Return To DDA 119,123.31
3-23-2022 Next Day Sweep Purchase 19,795.40
3-24-2022 Next Day Sweep Purchase 50,217.85
3-25-2022 Sweep Funds Return To DDA 301,853.50
3-28-2022 Next Day Sweep Purchase 179,996.83
3-29-2022 Sweep Funds Return To DDA 140,858.37
3-30-2022 Next Day Sweep Purchase 16,025.15
3-31-2022 Sweep Funds Return To DDA 7,474.91
3-31-2022 Ending Balance 1,157,527.94
FUND SUMMARY
Dividends Earned YTD 47.54
Federal Withholding YTD .00
7-Day Simple Yield .01000 %
Federal Withholding .00
Beginning Balance 2,082,853.91
Prior Months Dividends Reinvested 12.90 +
Shares Purchased 501,816.01 +
Shares Redeemed 1,427,154.88 -
Ending Balance 1,157,527.94
Dividends Earned in Current Month 13.59
Funds Pending Redemption 208,895.11-
xxxxxxxx
STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 03-04 1,909,004.97 .010 % .000000274 0.52
03-05* 1,805,409.92 .010 % .000000274 0.49
03-06* 1,805,409.92 .010 % .000000274 0.49
03-07 1,805,409.92 .010 % .000000274 0.49
03-08 1,823,757.94 .010 % .000000274 0.50
03-09 1,835,281.45 .010 % .000000274 0.50
03-10 1,776,382.23 .010 % .000000274 0.49
03-11 1,774,115.59 .010 % .000000274 0.49
03-12* 1,774,115.59 .010 % .000000274 0.49
03-13* 1,774,115.59 .010 % .000000274 0.49
03-14 1,779,537.99 .010 % .000000274 0.49
03-15 1,717,575.82 .010 % .000000274 0.47
03-16 1,670,058.18 .010 % .000000274 0.46
03-17 1,768,634.24 .010 % .000000274 0.48
03-18 1,552,458.19 .010 % .000000274 0.43
03-19* 1,460,802.80 .010 % .000000274 0.40
03-20* 1,460,802.80 .010 % .000000274 0.40
03-21 1,460,802.80 .010 % .000000274 0.40
03-22 1,341,679.49 .010 % .000000274 0.37
03-23 1,361,474.89 .010 % .000000274 0.37
03-24 1,411,692.74 .010 % .000000274 0.39
03-25 1,109,839.24 .010 % .000000274 0.30
03-26* 1,109,839.24 .010 % .000000274 0.30
03-27* 1,109,839.24 .010 % .000000274 0.30
03-28 1,289,836.07 .010 % .000000274 0.35
03-29 1,148,977.70 .010 % .000000274 0.31
03-30 1,165,002.85 .010 % .000000274 0.32
03-31 1,157,527.94 .010 % .000000274 0.32
TOTAL MTD 13.57
* 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.
03/01/2022 - 03/31/2022
Account Number - DDA
4159281427
xxxxxxxxx
Choice IV-Public Funds {NIB}
Account number: 4159281427 March 1, 2022 - March 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 $104,078.00 $3,128,943.74 -$3,180,289.74 $52,732.00 Credits
Deposits
Effective
date
Posted
date Amount
Transaction detail
03/02 03/03 40.00 Reversal of Check Posted 3-02-22 Stale Date Our Ref: 3-02-22 00000000 03/07 4,163.00 Deposit
03/07 2,328.20 Deposit
03/07 1,257.00 Deposit
03/07 911.10 Deposit
03/07 163.00 Deposit
03/09 03/10 208.00 Reversal of Check Posted 3-09-22 Stale Date Our Ref: 3-09-22 00000000 03/11 2,162.75 Deposit
03/11 1,364.00 Deposit
03/11 1,345.85 Deposit
03/11 228.25 Deposit
03/16 03/17 352.64 Reversal of Check Posted 3-16-22 Reposted 3-17-22 as Serial 0000078340 Our Ref: 3-16-22 00000000
03/17 26,364.95 Deposit
03/17 2,913.00 Deposit
03/17 445.00 Deposit
03/17 273.00 Deposit
03/18 313.25 Deposit
03/24 37.00 Deposit
03/24 285.95 Deposit
03/24 882.10 Deposit
03/24 2,814.35 Deposit
03/31 277.90 Deposit
Sheet Seq = 0024596
Sheet 00001 of 00008
xxxxxxxxxxxxxxx
xxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 2 of 8 Prior account number: 145398000
Deposits (continued)
Effective
date
Posted
date Amount
Transaction detail
03/31 1,036.20 Deposit
03/31 2,202.50 Deposit
$52,368.99 Total deposits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
03/01 2,182.85 03/01Bankcard Deposit -0328029700
03/01 1,445.00 03/01Bankcard Deposit -0328029700
03/01 30,157.48 Desktop Check Deposit
03/01 65,279.30 Lacmta Corp Pmt 1154110
279.3~Dtm|003|20220218~SE|33|0043~GE|0001|1221625
03/01 50,164.39 Southern Califor Single 220301 SCG*Uut*Payment*20220122000070U021322\ 03/01 4,346.10 LA County Gen-Pymt 220224 500110 NTE*202202245247527 *A2200474903 *500110
03/01 3,166.44 Cctm1 LLC Cci AP 820 220217 02627746
44**\Ref*PO*00514710\Dtm*003*220301\SE*8*0001\GE*
03/01 2,621.00 Square Inc 220301P2 220301 L210698017760 City of Bell 03/01 2,232.36 CC Tm PA LLC Cci AP 820 220217 02634876
36**\Ref*PO*00514644\Dtm*003*220301\SE*8*0001\GE*
03/01 26.45 Southern Califor Single 220301
Just*Energy*Uut*Payment*20220122000070U021422\
03/02 365.50 03/02Bankcard Deposit -0328029700
03/02 27,825.24 Desktop Check Deposit
03/02 3,848.00 LA County Gen-Pymt 220227 500110 NTE*202202275249137 *A2200476644 *500110
03/02 1,098.77 Square Inc 220302P2 220302 L210698339501 City of Bell 03/02 1,196.43 ZBA Funding Account Transfer From 4121929244 03/02 17,859.15 Sweep Transfer From Investment
03/03 630.30 03/03Bankcard Deposit -0328029700
03/03 450.55 03/03Bankcard Deposit -0328029700
03/03 5,331.56 Desktop Check Deposit
03/03 4,806.79 Active Network, Registrati 000000005854649 Rmr*IV*13371869**4806.79*4806.79*0\Ref*PO*RN 0011
03/03 1,170.52 Square Inc 220303P2 220303 L210698664968 City of Bell 03/03 10,856.66 ZBA Funding Account Transfer From 4121929244 03/03 257,913.48 Sweep Transfer From Investment
03/04 681.20 03/04Bankcard Deposit -0328029700
03/04 190.60 03/04Bankcard Deposit -0328029700
03/04 6,202.65 Desktop Check Deposit
03/04 3,327.31 Square Inc 220304P2 220304 L210699007254 City of Bell 03/04 13,426.50 ZBA Funding Account Transfer From 4121929244 03/04 103,595.05 Sweep Transfer From Investment
03/07 1,837.06 03/07Bankcard Deposit -0328029700
03/07 749.03 03/07Bankcard Deposit -0328029700
03/07 1,889.16 Desktop Check Deposit
03/07 1,730.72 Square Inc 220307P2 220307 L210699655820 City of Bell 03/07 1,100.13 Square Inc 220307P2 220307 L210699655821 City of Bell 03/07 39,716.89 ZBA Funding Account Transfer From 4121929244 03/08 992.78 03/08Bankcard Deposit -0328029700
Sheet Seq = 0024597
Sheet 00002 of 00008
xxxxxxxxxxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 3 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
03/08 15,254.58 Desktop Check Deposit
03/09 65,548.39 Apport St of CA Apsapports 030422 388 Bell City Treasurer 03/09 272.90 03/09Bankcard Deposit -0328029700
03/09 10.00 03/09Bankcard Deposit -0328029700
03/09 5,947.72 Desktop Check Deposit
03/09 2,337.32 Ce Solutions D Operating Fgwap0000564911 Caelectricityuut2202 03/09 1,151.77 Square Inc 220309P2 220309 L210700171995 City of Bell 03/09 120.48 Ce Solutions D Operating Fgwap0000564989 Cagasuut2202 03/09 73,873.91 ZBA Funding Account Transfer From 4121929244 03/09 58,899.22 Sweep Transfer From Investment
03/10 1,230.94 Bd of Equalizatn Boemts 030722 1075 City of Bell 03/10 425.90 03/10Bankcard Deposit -0328029700
03/10 5,303.61 Active Network, Registrati 000000005858178 Rmr*IV*13373818**694.79*694.79*0\Ref*PO*RN 001154
03/10 437.02 Square Inc 220310P2 220310 L210700496416 City of Bell 03/10 2,266.64 Sweep Transfer From Investment
03/11 1,974.10 WT Fed#03457 Bank of America, N /Org=PMAm Corporation Aaf City of Bell Srf# 2022031000470142 Trn#220311017340 Rfb# Feb 22 Alarm Fee 03/11 340.60 03/11Bankcard Deposit -0328029700
03/11 666.42 Square Inc 220311P2 220311 L210700838691 City of Bell 03/14 14,966.05 Desktop Check Deposit
03/14 3,487.39 Desktop Check Deposit
03/14 996.80 Desktop Check Deposit
03/14 28,598.24 ZBA Funding Account Transfer From 4121929244 03/14 61,962.17 Sweep Transfer From Investment
03/15 977.89 03/15Bankcard Deposit -0328029700
03/15 340.60 03/15Bankcard Deposit -0328029700
03/15 577.20 Desktop Check Deposit
03/15 579.88 Square Inc 220315P2 220315 L210701682780 City of Bell 03/15 11,115.39 ZBA Funding Account Transfer From 4121929244 03/15 47,517.64 Sweep Transfer From Investment
03/16 2,354.30 03/16Bankcard Deposit -0328029700
03/16 292.00 03/16Bankcard Deposit -0328029700
03/16 3,627.15 Desktop Check Deposit
03/16 113,567.70 Southern Califor EDI Paymts 2203100001 *220201***20?Dtm*003*220228***20?SE*15*82064?GE*1
03/16 990.09 Square Inc 220316P2 220316 L210702003980 City of Bell 03/17 584.65 03/17Bankcard Deposit -0328029700
03/17 61,161.79 Desktop Check Deposit
03/17 4,229.49 Active Network, Registrati 000000005859949 Rmr*IV*13382372**4229.49*4229.49*0\Ref*PO*RN 0011
03/17 1,484.14 Square Inc 220317P2 220317 L210702325920 City of Bell 03/17 216,176.05 Sweep Transfer From Investment
03/18 20.00 03/18Bankcard Deposit -0328029700
03/18 148.00 Desktop Check Deposit
03/18 290.55 03/18Bankcard Deposit -0328029700
03/18 1,500.00 Jpmorgan Chase B Payment
Rmr*IV*14917-0002654853**1500.00*1500.00*0.00\
Sheet Seq = 0024598
Sheet 00003 of 00008
xxxxxxxxxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 4 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
03/18 32,005.82 LA County Gen-Pymt 220315 Pta-11600 NTE*202203155266811 *A2200502937 *Pta-11600
03/18 91,655.39 Sweep Transfer From Investment
03/21 439.56 Desktop Check Deposit
03/21 1,000.00 LA County Gen-Pymt 220316 500110 NTE*202203165269315 *A2200507168 *500110
03/21 1,058.60 03/21Bankcard Deposit -0328029700
03/21 2,371.41 03/21Bankcard Deposit -0328029700
03/21 4,823.66 ZBA Funding Account Transfer From 4121929244 03/21 119,123.31 Sweep Transfer From Investment
03/22 88.33 Square Inc 220322P2 220322 L210703511562 City of Bell 03/22 187.97 03/22Bankcard Deposit -0328029700
03/22 334.60 Desktop Check Deposit
03/22 1,552.13 03/22Bankcard Deposit -0328029700
03/22 5,221.69 Cbp Treas 310 Misc Pay 032222 xxxxx0508
Rmr*IV*Iceeqsh2017270400052801001*Pi*5221.69\
03/22 56,342.82 Apport St of CA Apsapports 031722 388 Bell City Treasurer 03/23 10.00 03/23Bankcard Deposit -0328029700
03/23 77.00 03/23Bankcard Deposit -0328029700
03/23 630.48 Square Inc 220323P2 220323 L210703833433 City of Bell 03/23 2,278.07 Amer Tower 1942 EDI Paymnt Mar 23 43Rent_40007373 043512761\Iea*00001*043512761\
03/23 3,036.98 Active Network, Registrati 000000005863534 Rmr*IV*13388713**3036.98*3036.98*0\Ref*PO*RN 0011
03/23 13,917.08 Desktop Check Deposit
03/23 154,633.08 Desktop Check Deposit
03/23 203.44 ZBA Funding Account Transfer From 4121929244 03/24 10.00 03/24Bankcard Deposit -0328029700
03/24 508.83 Square Inc 220324P2 220324 L210704156852 City of Bell 03/24 301,853.50 Sweep Transfer From Investment
03/25 1,063.32 Square Inc 220325P2 220325 L210704499060 City of Bell 03/25 195,952.59 Bd of Equalizatn Boe-Locltx 032222 19005 City of Bell 03/28 929.19 Square Inc 220328P2 220328 L210705142079 City of Bell 03/28 140,858.37 Sweep Transfer From Investment
03/29 40.00 03/29Bankcard Deposit -0328029700
03/29 127.25 Desktop Check Deposit
03/29 148.00 Desktop Check Deposit
03/29 148.01 Square Inc 220329P2 220329 L210705351966 City of Bell 03/29 4,504.50 LA County Gen-Pymt 220323 500110 NTE*202203235279418 *A2200526629 *500110
03/29 59,232.59 Lacmta Corp Pmt 1155866
9232.59~Dtm|003|20220318~SE|33|0120~GE|0001|12484
03/29 71,409.84 Lacmta Corp Pmt 1155865
1409.84~Dtm|003|20220318~SE|33|0091~GE|0001|12484
03/30 10.00 03/30Bankcard Deposit -0328029700
03/30 775.85 Desktop Check Deposit
03/30 1,943.50 03/30Bankcard Deposit -0328029700
03/30 500.00 ZBA Funding Account Transfer From 4121929244 03/30 7,474.91 Sweep Transfer From Investment
03/31 458.52 03/31Bankcard Deposit -0328029700
Sheet Seq = 0024599
Sheet 00004 of 00008
xxxxxxxxxxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 5 of 8 Prior account number: 145398000
Electronic deposits/bank credits (continued)
Effective
date
Posted
date Amount
Transaction detail
03/31 537.72 Square Inc 220331P2 220331 L210705995804 City of Bell 03/31 1,910.17 03/31Bankcard Deposit -0328029700
03/31 2,744.04 Active Network, Registrati 000000005865447 Rmr*IV*13392443**2744.04*2744.04*0\Ref*PO*RN 0011
03/31 4,580.57 Desktop Check Deposit
03/31 44,405.57 Lacmta Corp Pmt 1156145
4405.57~Dtm|003|20220320~SE|33|0287~GE|0001|12510
03/31 50,541.30 Lacmta Corp Pmt 1156146
541.3~Dtm|003|20220320~SE|33|0239~GE|0001|1251062
03/31 208,895.11 Sweep Transfer From Investment
$3,076,574.75 Total electronic deposits/bank credits
$3,128,943.74 Total credits
Debits
Electronic debits/bank debits
Effective
date
Posted
date Amount
Transaction detail
03/01 12,434.48 ZBA Funding Account Transfer to 4121929244 03/01 98,902.03 Sweep Transfer to Investment
03/02 402.00 Deposited Item Retn Unpaid - Paper 220302
03/02 471.40 ZBA Funding Account Transfer to 4159281401 03/03 2,914.24 ACH Prep Origintn - General Fund - File 2956000677 Coid 2956000677 03/03 241,317.07 ZBA Funding Account Transfer to 4159281401 03/04 608.29 < Business to Business ACH Debit - Expertpay Expertpay xxxxx0677 City of Bell 03/04 100,300.86 ZBA Funding Account Transfer to 4159281401 03/07 595.18 ZBA Funding Account Transfer to 4159281401 03/07 18,348.02 Sweep Transfer to Investment
03/08 14,759.97 WT Seq124258 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049073688 Trn#220308124258 Rfb# 2663
03/08 213.02 ZBA Funding Account Transfer to 4121929244 03/08 513.48 ZBA Funding Account Transfer to 4159281401 03/08 11,523.51 Sweep Transfer to Investment
03/09 142,724.63 < Business to Business ACH Debit - Calpers 1800 5686383552 100000016715630 03/09 2,980.58 < Business to Business ACH Debit - Calpers 1800 5686383552 100000016715640 03/10 196.71 Bankcard Interchange Fee - 0328029700
03/10 14.95 Bankcard Discount Fee - 0328029700
03/10 5.63 Bankcard Fee - 0328029700
03/10 4.88 Bankcard Discount Fee - 0328029700
03/10 4.51 Bankcard Discount Fee - 0328029700
03/10 3.33 Bankcard Discount Fee - 0328029700
03/10 2.72 Bankcard Discount Fee - 0328029700
03/10 17,648.61 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016672452 03/10 14,448.56 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016672546 03/10 14,269.14 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016672481 03/10 12,410.94 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016672573 03/10 5,399.24 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016672517 03/11 1,198.02 Client Analysis Srvc Chrg 220310 Svc Chge 0222 000004159281427 Sheet Seq = 0024600
Sheet 00005 of 00008
xxxxxxxxx
xxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 6 of 8 Prior account number: 145398000
Electronic debits/bank debits (continued)
Effective
date
Posted
date Amount
Transaction detail
03/11 77.15 ZBA Funding Account Transfer to 4121929244
03/11 5,422.40 Sweep Transfer to Investment
03/14 8,343.79 WT Seq153529 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049203651 Trn#220314153529 Rfb# 2664
03/15 8,372.51 < Business to Business ACH Debit - Wright Express Fleet Debi 220314 9100005154093 City of Bell (3)
03/16 6,727.08 ZBA Funding Account Transfer to 4121929244 03/16 98,576.06 Sweep Transfer to Investment
03/17 3,204.76 WT Seq156301 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049299230 Trn#220317156301 Rfb# 2665
03/17 2,914.24 ACH Prep Origintn - General Fund - File 2956000677 Coid 2956000677 03/17 8,795.84 ZBA Funding Account Transfer to 4121929244 03/17 274,129.73 ZBA Funding Account Transfer to 4159281401 03/18 7,721.75 ZBA Funding Account Transfer to 4121929244 03/18 100,361.53 ZBA Funding Account Transfer to 4159281401 03/21 23,309.21 WT Fed#00996 US Bank, NA /Ftr/Bnf=U.S. Bank National Association Srf# Gw00000049351001 Trn#220321150083 Rfb# 2667
03/21 608.29 < Business to Business ACH Debit - Expertpay Expertpay xxxxx0677 City of Bell 03/21 28,739.01 ZBA Funding Account Transfer to 4159281401 03/22 9,769.67 WT Seq129178 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049382849 Trn#220322129178 Rfb# 2668
03/22 2,928.75 ZBA Funding Account Transfer to 4121929244 03/22 628.40 ZBA Funding Account Transfer to 4159281401 03/22 19,795.40 Sweep Transfer to Investment
03/23 3,643.90 < Business to Business ACH Debit - AFLAC Insurance 032122 Vw090598989 City of Bell
03/23 50,217.85 Sweep Transfer to Investment
03/24 4,798.63 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016711976 03/24 12,811.16 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016712053 03/24 13,187.65 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016712013 03/24 13,519.36 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016711934 03/24 17,462.79 < Business to Business ACH Debit - Calpers 3100 5686383552 100000016711897 03/24 338,123.90 ZBA Funding Account Transfer to 4121929244 03/25 15,862.20 ZBA Funding Account Transfer to 4121929244 03/25 910.52 ZBA Funding Account Transfer to 4159281401 03/25 179,996.83 Sweep Transfer to Investment
03/28 50,000.00 WT Seq102780 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049502947 Trn#220328102780 Rfb# 2671
03/28 6,909.93 ZBA Funding Account Transfer to 4121929244 03/29 4,061.17 WT Seq152162 City of Bell, Workers C /Bnf=City of Bell Srf# Gb00000049544823 Trn#220329152162 Rfb# 2672
03/29 3,297.11 ZBA Funding Account Transfer to 4121929244 03/29 16,025.15 Sweep Transfer to Investment
03/31 2,914.24 ACH Prep Origintn - General Fund - File 2956000677 Coid 2956000677 03/31 4,167.93 ZBA Funding Account Transfer to 4121929244 03/31 249,881.14 ZBA Funding Account Transfer to 4159281401 $2,312,833.03 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.
Sheet Seq = 0024601
Sheet 00006 of 00008
xxxxxxxxxxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 7 of 8 Prior account number: 145398000
Checks paid
Number Amount Date Number Amount Date Number Amount Date 76237 208.00 03/09
77035 * 40.00 03/02
77728 * 240.00 03/07
78046 * 295.68 03/18
78059 * 106.25 03/14
78060 120.05 03/18
78069 * 15.34 03/17
78082 * 100.00 03/02
78098 * 32.00 03/02
78099 64.35 03/11
78107 * 1,010.75 03/03
78118 * 1,695.00 03/02
78121 * 115.60 03/10
78124 * 89.50 03/14
78135 * 14,987.82 03/02
78160 * 65.00 03/31
78170 * 16,625.00 03/01
78171 13,543.00 03/03
78173 * 41,192.56 03/01
78174 18,663.84 03/02
78178 * 100.00 03/04
78181 * 1,333.07 03/02
78182 289.93 03/01
78189 * 2,160.00 03/01
78190 230.05 03/11
78193 * 180.00 03/01
78195 * 337.00 03/23
78198 * 600.00 03/18
78201 * 1,695.00 03/02
78206 * 23,339.81 03/03
78219 * 325.00 03/01
78220 22,741.85 03/04
78221 471.08 03/01
78222 1,303.08 03/02
78223 725.84 03/04
78224 1,090.02 03/01
78225 1,900.00 03/01
78226 545.40 03/02
78228 * 2,800.00 03/04
78229 270.00 03/01
78230 101.84 03/08
78231 66.00 03/08
78232 24.95 03/04
78233 110.25 03/01
78234 50.00 03/01
78235 1,041.86 03/02
78237 * 238.44 03/03
78238 18.88 03/02
78239 100.00 03/04
78240 21.25 03/04
78241 4,649.28 03/01
78243 * 455.99 03/04
78244 146.46 03/01
78245 50.00 03/02
78246 666.05 03/17
78247 262.83 03/07
78248 5,582.39 03/02
78249 2,127.76 03/02
78250 12,230.75 03/03
78251 2,812.21 03/01
78252 130.00 03/04
78253 886.79 03/02
78254 1,026.02 03/09
78255 1,062.07 03/01
78256 199.32 03/02
78257 425.01 03/02
78258 91.80 03/03
78259 75.00 03/31
78260 226.28 03/10
78261 175.55 03/17
78262 1,500.00 03/01
78263 1,300.00 03/02
78264 3,312.00 03/09
78266 * 50.28 03/04
78267 1,141.31 03/02
78268 48.16 03/02
78269 900.00 03/14
78270 12,310.01 03/28
78271 29,546.66 03/28
78272 16,000.00 03/17
78273 42,065.27 03/15
78274 13,061.39 03/15
78275 28,976.72 03/14
78276 110.00 03/09
78277 1,090.00 03/11
78278 9,322.23 03/10
78279 6,023.07 03/07
78280 248.48 03/08
78281 1,628.86 03/14
78282 1,000.00 03/14
78284 * 179.50 03/07
78285 142.04 03/15
78286 44.32 03/07
78287 241.75 03/07
78288 5,380.37 03/08
78289 170.53 03/08
78290 56.00 03/08
78291 1,528.45 03/10
78292 213.44 03/07
78294 * 399.95 03/07
78295 582.74 03/14
78296 2,350.42 03/07
78297 398.26 03/08
78298 1,302.43 03/14
78299 300.00 03/15
78300 1,167.26 03/07
78301 2,292.59 03/08
78302 3,016.05 03/08
78303 44.97 03/10
78304 730.44 03/10
78305 660.96 03/08
78306 65.00 03/04
78307 4,129.94 03/09
78308 75.00 03/16
78309 107.30 03/08
78310 93.92 03/10
78311 660.34 03/09
78312 141.00 03/08
78313 660.34 03/09
78314 660.34 03/09
78315 75.00 03/04
78318 * 100.00 03/23
78319 100.00 03/07
78320 80.00 03/08
78321 344.52 03/09
78322 23,059.50 03/15
78323 15,037.00 03/18
78324 15,855.00 03/18
78327 * 325.00 03/14
78328 313.55 03/07
78330 * 50.06 03/21
78332 * 400.00 03/29
78333 309.00 03/15
78335 * 166.00 03/25
78336 350.00 03/16
78337 392.22 03/15
78339 * 6,631.66 03/16
78340 352.64 03/17
78341 100.00 03/18
78343 * 122.56 03/17
78344 2,500.00 03/15
78345 75.79 03/14
78346 337.00 03/23
78347 8,686.04 03/14
78348 520.14 03/14
78349 67.48 03/21
78350 516.00 03/17
78352 * 4,810.00 03/16
78353 8,324.00 03/14
78354 42,065.27 03/21
Sheet Seq = 0024602
Sheet 00007 of 00008
xxxxxxxxxxxxxxxx
©2010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
Account number: 4159281427 March 1, 2022 - March 31, 2022 Page 8 of 8 Prior account number: 145398000
Checks paid (continued)
Number Amount Date Number Amount Date Number Amount Date 78355 89.31 03/15
78356 546.00 03/21
78357 2,420.36 03/15
78358 22,656.38 03/23
78359 432.90 03/16
78360 120.55 03/15
78361 240.00 03/15
78362 27,053.66 03/22
78363 20,948.06 03/21
78364 360.78 03/15
78365 35.67 03/15
78366 8,932.56 03/16
78367 630.40 03/22
78368 3,006.39 03/14
78369 660.34 03/16
78370 250.00 03/22
78371 336.50 03/21
78372 190.00 03/21
78373 844.44 03/21
78374 77.00 03/23
78375 2,813.79 03/22
78376 361.00 03/21
78377 65.00 03/24
78379 * 1,314.70 03/21
78380 432.08 03/21
78381 272.32 03/22
78382 38.00 03/31
78383 3,500.00 03/23
78384 213.53 03/21
78385 299.62 03/21
78386 650.00 03/22
78387 90.00 03/23
78388 111.24 03/24
78389 74.00 03/21
78390 4,595.00 03/22
78391 80.36 03/25
78392 116.00 03/21
78393 5,600.00 03/28
78394 1,975.74 03/21
78395 325.00 03/23
78396 166.15 03/22
78397 313.55 03/21
78398 16,625.00 03/29
78399 61,178.45 03/29
78400 2,071.36 03/29
78402 * 3,683.52 03/30
78406 * 1,350.29 03/29
78409 * 294.04 03/28
78411 * 25,000.00 03/31
78412 25,000.00 03/28
78413 25,518.48 03/31
78414 3,376.08 03/29
78415 1,900.00 03/29
78416 6,482.20 03/29
78417 8,328.54 03/28
78418 8,240.41 03/30
78419 6,375.00 03/29
78421 * 60.23 03/28
78422 1,827.50 03/31
78423 108.09 03/29
78425 * 605.00 03/29
78428 * 417.08 03/30
78429 55.54 03/31
78430 5,814.80 03/31
78431 35.00 03/30
78434 * 305.19 03/29
78435 119.30 03/31
78437 * 1,618.60 03/28
78438 2,127.76 03/30
78439 50.00 03/28
78440 170.00 03/30
78441 2,069.55 03/28
78444 * 322.49 03/30
78445 238.98 03/29
78446 826.87 03/29
78447 50.00 03/30
78449 * 1,800.00 03/29
78450 313.50 03/29
78452 * 122.64 03/31
78453 67.04 03/31
78456 * 183.75 03/29
78457 455.99 03/31
78458 50.00 03/30
78459 2,430.00 03/29
300078340 * 352.64 03/16
$867,456.71 Total checks paid
* Gap in check sequence.
$3,180,289.74 Total debits
Daily ledger balance summary
Date Balance Date Balance Date Balance
02/28 104,078.00
03/01 79,529.00
03/02 77,632.00
03/03 64,146.00
03/04 63,370.00
03/07 88,736.00
03/08 65,254.00
03/09 116,599.00
03/10 50,000.00
03/11 50,000.00
03/14 96,143.00
03/15 63,783.00
03/16 57,066.00
03/17 64,158.00
03/18 50,000.00
03/21 56,012.00
03/22 50,186.00
03/23 143,688.00
03/24 50,000.00
03/25 50,000.00
03/28 50,000.00
03/29 55,657.00
03/30 51,265.00
03/31 52,732.00
Average daily ledger balance $63,654.73
Sheet Seq = 0024603
Sheet 00008 of 00008
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Commercial Checking Acct Public Funds
Account number: 4121929244 March 1, 2022 - March 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 $628,490.81 -$628,490.81 $0.00
Credits
Electronic deposits/bank credits
Effective
date
Posted
date Amount
Transaction detail
03/01 383.00 121108250 Ccddeposit 220301 xxxxx0548 Bell Community Housing 03/01 5,890.49 Desktop Check Deposit
03/01 12,434.48 ZBA Balance Account Transfer From 4159281427 03/02 8,770.58 Desktop Check Deposit
03/03 11,356.66 Desktop Check Deposit
03/04 13,426.50 Desktop Check Deposit
03/07 43,258.98 Desktop Check Deposit
03/08 213.02 ZBA Balance Account Transfer From 4159281427 03/09 73,885.54 Desktop Check Deposit
03/11 77.15 ZBA Balance Account Transfer From 4159281427 03/14 30,513.32 Desktop Check Deposit
03/14 2,565.00 Desktop Check Deposit
03/15 14,156.13 Desktop Check Deposit
03/16 3,519.98 Desktop Check Deposit
03/16 6,727.08 ZBA Balance Account Transfer From 4159281427 03/17 8,795.84 ZBA Balance Account Transfer From 4159281427 03/18 7,721.75 ZBA Balance Account Transfer From 4159281427 03/21 5,573.66 Desktop Check Deposit
03/22 2,928.75 ZBA Balance Account Transfer From 4159281427 03/23 1,245.00 Desktop Check Deposit
03/24 338,123.90 ZBA Balance Account Transfer From 4159281427 03/25 15,862.20 ZBA Balance Account Transfer From 4159281427 03/28 6,909.93 ZBA Balance Account Transfer From 4159281427 03/29 6,186.83 Desktop Check Deposit
03/29 3,297.11 ZBA Balance Account Transfer From 4159281427 Sheet Seq = 0019857
Sheet 00001 of 00003
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