The City of Bell, CA
Website Redesign and Hosting Services
Implementation Plan
granicus.com | [email protected] 59
Phase 2: Design
GOAL
Develop a site that
reflects your community
and brand and delivers a
superior customer
experience.
Deliverables
Graphic Design
Comp
Mobile Comp
Three (3)
Homepage Design
Review Rounds
Our design phase is highly collaborative to ensure the
unique identity of your organization is reflected in the site’s look and feel. We balance aesthetics with usability,
mobility, and accessibility principles to ensure the final result is beautiful without compromising functionality.
Web Design Implementation
• Design Meeting and Mood Board: You’ll begin the
process by meeting with our graphic design team for a
brainstorming session. During this time, we’ll review your survey results and ask your team questions in order to
better understand your desired aesthetic.
• Mobile-First Design Methodology: We think about
mobile from the onset of the design process. We work
with you to determine which common tasks and key
content should be easily available for mobile users. The result will be a fully responsive design that can easily be modified by staff as priorities change.
• Accessibility and Usability Check: Our entire
design team is versed in the latest WCAG 2.1AA
Accessibility requirements for color use and contrast on websites and will ensure your design adheres to the
level of compliance you seek. Our team applies UX
best practices to ensure the final design meets the
most current usability and accessibility standards.
• Revisions and Finalization: Using our advanced design collaboration software, you will be able to easily make comments and provide direction for design revisions.
The phase will be completed with your sign-off on the
final composition.
Client Responsibilities
• Share any existing brand guidelines
• Provide design assets for your website design
(images/logos/videos)
• Sign-off on design comps
The City of Bell, CA
Website Redesign and Hosting Services
Implementation Plan
granicus.com | [email protected] 60
Phase 3: Develop
GOAL
Refine the website
content and implement
the OpenCities website
CMS solution.
Deliverables
Archive/Migrate
Spreadsheet
Online Training
Migrated Content
(as agreed upon in
contract)
Configure Website
Toolkits & Templates
Work Plan
Template
Pre-Launch
Preparation
Content Migration
Guide
“How Do I…” Menu
Guide
The site development phase has two major components:
the actual technical configuration of the website and the finalization of content that will be added to your site. While our development team is busy programming, our content
strategy experts will work with your staff to finalize the sitemap and migrate and refine content.
Content Preparation and Migration
No one knows your organization like the department
heads, which is why at this phase we recommend active
involvement from anyone who will be contributing to your website now or in the future. To ensure this process runs as smoothly as possible, your Granicus Project Manager will set your team lead up for success with all the tools needed to ensure your project stays on track.
• Information Architecture Best Practices Review: This
session focuses on the information architecture of your site, as well as a best-practices review.
• Content Rationalization: Your content needs to be
reviewed by establishing key parameters to determine
what should be included in the migration process. We
will provide the necessary elements to run a successful content rationalization process.
• Work Plan: To help your team lead communicate
project goals, deliverables, and deadlines, we provide
a Work Plan Template, which includes a project
introduction, breakdown of individual project-related
tasks, and timeline for completion.
• Communication Cadence: Communication templates
and a recommended cadence around tasks and
deadlines, meetings, and agendas are also provided,
to ensure a smoother project and will also help your
team lead establish credibility.
• Content Best Practices Review: We will conduct an
online training workshop to introduce best practices for creating great, action-oriented content. Afterward,
we’ll provide resources to help reinforce these
concepts with your content editors.
• Content Migration: We’ll help begin the process of
populating the content on your new website by
migrating the number of pages included in your
contract. Once the migration is complete, you’ll be
given access to the development website in order to
review and refine the information.
The City of Bell, CA
Website Redesign and Hosting Services
Implementation Plan
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Phase 3: Develop, continued…
What’s in scope?
• Content managed within your current CMS (as agreed
in contract)
• Documents/images
What’s not in scope?
• Anything within an iFrame or embedded HTML content
• Dynamic content pulled from other systems
• Content not managed within CMS
• JavaScript, CSS, or other custom code
• Interactive web forms and/or single-page applications • Written content within image/diagram
• Content contained inside a PDF file
• Documents and images on pages marked “Archive”
Client Responsibilities
• Supply list of all 3rd party apps used with the website • Sign-off on sitemap
• Collaborate with your PM to map current pages to new
sitemap and identify redirects
• Attend information architecture and content best
practice training sessions
• Edit existing content / create content for new pages
(we offer additional content writing and editing
services)
The City of Bell, CA
Website Redesign and Hosting Services
Implementation Plan
granicus.com | [email protected] 62
Phase 4: Deliver
GOAL
Transfer to production
environment, train your
team and bring the new
site live to the public.
Deliverables
Development URL
CMS Training
UAT Kick-Off
Meeting
Toolkits
User Setup Guide
UAT Guide
Launch Planning
Guide
After extensive quality assurance testing, our developers will hand the website over to your team. This major
milestone typically brings excitement and anxiety, with extensive activity and coordination needed across the
organization. To help, Granicus has perfected the process to ensure everything on your site functions as expected and internal signoff is complete before your site goes live.
Go Live Preparation
• Granicus Quality Assurance Testing: We will conduct
testing to identify broken links, accessibility violations, and general issues. Issues will be flagged for your team to check before the site goes live.
• CMS Training: During final QA testing, our trainers will work with your team to teach them about the new
CMS tools they will be able to leverage. All users will go through Basic CMS Training to fully prepare them to
review, add, and edit content. Your super users will
gain a deeper understanding of specific departmental
functionality and how to set up roles, permissions, and workflow/approval cycles.
• Production Site: Our technical team will prepare your new site on a production environment in Microsoft’s
Azure data centers.
• User Acceptance Testing (UAT): While our team has
already conducted a quality assurance process
against the approved design specifications and
Granicus-
migrated content, you can also conduct your
own review during the UAT process.
• Launch Planning Meeting: Prior to your go-live date, we will conduct a launch planning meeting to prepare for
pre- and post-launch configuration activities that can
only occur once the site has gone live (e.g., Granicus
Search & SSL set up).
• Final Signoff: Once UAT has been completed and all
stakeholders are comfortable, we’ll flip the switch, and your new site will make its debut.
Client Responsibilities
• Attend CMS training
• Conduct User Acceptance Testing (UAT)
• Create a marketing plan for website launch (an
optional website launch promo service is available)
• Final sign-off prior to go-live
The City of Bell, CA
Website Redesign and Hosting Services
Implementation Plan
granicus.com | [email protected] 63
Phase 5: Evolve
GOAL
Ensure your team is
effectively supported and
your website evolves as
needed to maintain a
superior digital customer
experience.
Deliverables
Ongoing technical
support
Guaranteed 99.9%
uptime
Annual CX
consultation and
recommendations
Unlimited Technical Support
Granicus provides comprehensive, unlimited technical
support, live support chat, and help documents.
Dedicated Client Success Manager
In addition to technical support, you will also be assigned a dedicated Client Success Manager who will help you
get the most out of your website long-term.
Annual Health Check
Your Client Success Consultant will reach out to you
annually to invite you to share a Strategic Review, which will ensure you are getting the most out of your Granicus solutions.
Ongoing Training
Bring new staff members up to speed and stay current on the latest government website trends through free live
training sessions and educational webinars. These sessions focus on CMS functionality, client best practices, and
general trends from the industry, such as transparency, accessibility, and content strategy. Anyone from your
organization may attend at no cost.
Regional Events and National Summit
Granicus offers free in-person events throughout the year, bringing our clients together to collaborate and share best practices. Each event features educational sessions
designed to help you get the most out of your website. We are at our best when we’re listening to our clients and these events provide a unique opportunity to learn and
develop together.
Client Responsibilities:
• Set up metrics dashboard and measure results – top
pages, traffic sources, etc. – to continue to optimize
your website
• Keep your content fresh
• Reach out to our support team with questions anytime
• Meet with your Granicus success manager for regular
health checks
The City of Bell, CA
Website Redesign and Hosting Services
Ongoing Services
granicus.com | [email protected] 64
Ongoing Services
Technical Services & Support
As a Granicus client, your annual subscription fee includes:
• Managed updates for emerging WCAG AA 2.1+ Standards
• Managed updates for new web browser and device compatibility (excludes custom code enabled by the City of Rochester)
• Managed updates for new UX/UI components and patterns • Resolution of priority issues per SLA and unlimited online helpdesk for all other issues • Twice annual “check-up” with Granicus customer success team to explore site improvements focused on enhancing your sites usability
The SLA below outlines our support availability and structure for notification and escalation of questions and support tickets, as well as the committed response and resolution times. During the project, your Project Manager is available to answer general questions, but as you work on your content and certainly after your site is launched you will rely more on the online Help Center (available 24x7x365) for questions.
Severity
Level
Resolution Process Target
PRIORITY 1 Reportable 24x7x365 via Priority 1 Telephone number Acknowledgement and assignment of problem for
resolution within 1 hour
Within four hours
PRIORITY 2 Reportable 24x7x365 via Online Help Center, or by telephone during business hours (7 am to 6 PM,
Pacific time). Acknowledgement and assignment of
problem for resolution within 1 business day
Provide workaround
or Version Update to
fix problem by close
of next business day
PRIORITY 3 Reportable 24x7x365 via Online Help Center.
Acknowledgement and assignment of problem for
resolution within 1 business day
As soon as possible
within development
(scheduled or next
version update)
PRIORITY 4 Reportable 24x7x365 via Online Help Center.
Acknowledgement and assignment of problem for
resolution within 3 business days
Scheduled or next
version update
The City of Bell, CA
Website Redesign and Hosting Services
Ongoing Services
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Support Hours and Contact Information
The proposed platform is backed by a comprehensive Service Level Agreement with 24/7/365 telephone support for Severity 1 requests, as well as online ticketing, email, and business hours-based support for all other requests. Our SLA extends well beyond just hosting performance and includes a full commitment to functional performance and warranty.
Granicus provides comprehensive, unlimited technical support including:
• On-Demand Videos - Step-by-step tutorial videos provide a quick overview of features and tools. These videos are particularly helpful for supplementing training, bringing new staff up to speed, or providing refresher training. • Live Chat - Initiate a chat from anywhere in the CMS. • Online Reference Material - Documentation is available throughout the application to help guide users through self-paced learning.
• Phone Support - The Granicus Support team can assist with any issues users encounter via phone during live support hours.
• Customer Success Consultant - The City of Bell will be assigned a Customer Success Consultant who will provide regular updates to the City and annual reviews that will examine the UX of the site and provide a document recommended action plan to keep the Agency website at its best.
As part of the proposal cost, Granicus will provide complete help desk support for administrators and customers of the Granicus Solutions. Regular support will be available during regular business hours, Monday-Friday; via email or toll-free telephone.
Support desk hours are 6:00 am – 6:00 pm PT
Emergency Support is available 24/7
Please submit support requests via:
• Portal: support.granicus.com
• Email: [email protected]
• Phone: 1-800-314-0147 USA
Updates and Maintenance
We do at minimum quarterly releases of free updates to the framework and system.
These are included in your annual subscription and are automatically updated after they finish the development and rigorous QA process. Some are released monthly. We perform code reviews, automated and manual testing, unit testing, regression testing, releases tested multiple weeks in lower environments (Dev, QA, INT), code health checks/grades, security scans, performance benchmarks for ongoing maintenance, as well as a rigorous testing phase during the deployment of your website.
The City of Bell, CA
Website Redesign and Hosting Services
Ongoing Services
granicus.com | [email protected] 66
Training
Granicus provides foundational training as part of the standard implementation process. This includes training sessions for both Content Authors and Site Administrators to ensure the City has the skills and knowledge in-house required to create, monitor, and iterate on content and digital services. Training for OpenForms will also include role- based training depending on what users are going to be doing in the system.
Our online knowledge base containing user guides, FAQs, training videos, and other self-help information is available online at http://support.granicus.com. This also includes the ability to directly submit suggested modifications or new feature requests to our Granicus development teams. Ongoing live support, training videos, product updates, and supplemental online courses are all provided as a part of your ongoing subscription. However, beyond the Customer Success Consultants annual success call, you can acquire additional onsite training or support if desired as a billable professional service.
Hosting and Security
Granicus has partnered with Microsoft to ensure we provide the most reliable and secure service using Microsoft Azure, the world’s most trusted cloud. Hosted in the Microsoft Azure Government Cloud in the U.S, Granicus ensures maximum uptime by taking advantage of Microsoft Azure’s geo-redundancy, built-in backup capabilities, and advanced security posture.
In the case of disaster or catastrophic failure, Granicus leverages security plans in compliance with ISO 27001 standards and undergoes regular audits. Status updates will be available at https://status.granicus.com/ and proactively communicated to the agency.
Locally Hosted, Data-Sovereignty Compliant
With all Microsoft Azure primary and secondary facilities located onshore, Granicus is fully compliant with government data sovereignty laws. The Data Center is a Tier 4 security, fully redundant, managed network infrastructure with onsite power backup and generators, multiple telecom, and network providers, and 24x7 monitoring.
99.9% SLA
Our hosting provides a comprehensive uptime guarantee with monthly rebates if we do not meet our commitments. Granicus provides 99.9% uptime availability, calculated monthly. In a typical 30-day/720-hour month, this equates to no more than one hour of downtime per month (not inclusive of scheduled maintenance and emergency maintenance).
The City of Bell, CA
Website Redesign and Hosting Services
Ongoing Services
granicus.com | [email protected] 67
Trusted Reliability
Microsoft Azure delivers 62 compliance offerings, which is more than any other cloud provider. That is why 90% of Fortune 500 companies use the Microsoft Cloud. With Granicus and Azure, you are in safe hands.
Security / SSL Encryption
As society’s digital footprint continues to expand, the threat of malicious activity online becomes more pervasive. Given the amount of personal data required in government transactions, the risk to the public can be significant. Granicus encrypts all forms with SSL to ensure security.
DDoS Mitigation and Disaster Recovery
The cloud web application firewall Granicus utilizes also contains DDoS protection built in and can mitigate any DDoS in real-time. All sites are backed by our DR policy with a minimal RPO and RTO, online status monitoring, event notification, and twice-daily backups.
Azure Government Cloud
By partnering with Microsoft Azure Government, Granicus provides a superior service that delivers world-class security, privacy, and scalability. Our service provides full redundancy and twice-daily backups, supported by a 99.9% SLA guarantee.
Find out more about Microsoft Azure Government here:
https://azure.microsoft.com/en-us/global-infrastructure/government/state-and-local/
The City of Bell, CA
Website Redesign and Hosting Services
Ongoing Services
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Enhanced Cloud Security
Granicus uses a market-leading cloud security platform. Sites can benefit from the Web Application Firewall (WAF), Bot, Distributed Denial of Service (DDoS), and Content Delivery Network (CDN).
Granicus is committed to the stability of your websites. We have taken every effort to protect and continuously improve the performance and security of your site. One of those steps is to put every Granicus website in the US behind a Content Delivery Network.
Why is Enhanced Cloud Security a benefit for your site? By using the caching feature of the included CDN, your website pages are continuously cached and can be served from the CDN, rather than directly from the site servers within Microsoft Azure Gov. With this feature, a live announcement about your program directing the public to a single web page will not result in the site slowing unreasonably.
The enhanced cloud security offering also protects from malicious attacks that spike traffic.
Granicus uses a market-leading cloud security platform. Sites can benefit from the Web Application Firewall (WAF), Bot, Distributed Denial of Service (DDoS), and Content Delivery Network (CDN).
Figure 13: Azure and Imperva Data Security
The City of Bell, CA
Website Redesign and Hosting Services
Investment Proposal
granicus.com | [email protected] 69
Investment Proposal
We have included a detailed cost proposal on the following pages,
THIS IS NOT AN INVOICE Order Form
Prepared for
Bell,
CA
Order #: Q-300662
Prepared: 05 Sep 2023
of 15
Granicus Proposal for Bell, CA
ORDER DETAILS
Prepared By: JBailey Cecchi
Phone: 720.681.6865
Email: [email protected]
Order #: Q-300662
Prepared On: 05 Sep 2023
Expires On: 30 Oct 2023
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 60 months.
ORDER TERMS
Order Form
Bell, CA
Order #: Q-300662
Prepared: 05 Sep 2023
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Government Experience Cloud (SERVE) –
Set-up & Config
Milestones -
20/20/20/20/20 1 Each $0.00
Granicus Web - Enhanced Package Milestones -
20/20/20/20/20 1 Each $20,000.00
Government Experience Cloud (SERVE) –
Training Up Front 1 Each $0.00
Communications Cloud - Setup and
Configuration Up Front 1 Each $0.00
Communications Cloud - Online Training Up Front 1 Each $500.00 Setup and configuration package:
OpenForms License Up Front 1 Each $0.00
Training: OpenForms Upon Delivery 1 Each $0.00
Granicus Web - Intranet-Specialty services
pack - Branded Subsite
Milestones -
40/30/30 1 Each $5,000.00
OpenCities Intranet License (With Design) -
Design Package Upon Delivery 1 Each $10,000.00
Training - OpenCities Upon Delivery 1 Each $0.00
SUBTOTAL: $35,500.00
Order Form
Bell, CA
Order #: Q-300662
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New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Government Experience Cloud (SERVE) Annual 1 Each $0.00 Communications Cloud Annual 1 Each $0.00
OpenForms Enterprise License (30 users, 100
forms) Annual 1 Each $8,625.00
OpenCities SaaS License Annual 1 Each $12,000.00
OpenCities Intranet License Annual 1 Each $5,500.00
SUBTOTAL: $26,125.00
Optional Solutions
Solution Billing
Frequency Quantity/Unit Associated Fee
Peak Agenda Management Annual 1 Each $11,424.00
Open Platform Suite Annual 1 Each $0.00
Send Agenda (Peak) Annual 1 Each $0.00
Peak - Setup & Configuration Up Front 1 Hours $200.00
Peak Online Group Training Upon Delivery 6 Hours $0.00
Open Platform - Setup and Configuration Up Front 1 Hours $200.00 Send Agenda (Peak) Set up and Config Up Front 1 Hours $200.00 govDelivery for Integrations Annual 1 Each $0.00
govDelivery for Integrations Set Up and
Config Up Front 1 Each $0.00
SUBTOTAL: $12,024.00
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FUTURE YEAR PRICING
Period of Performance
Solution(s)
Year 2 Year 3 Year 4 Year 5
Government Experience Cloud
(SERVE) $0.00 $0.00 $0.00 $0.00
Communications Cloud $0.00 $0.00 $0.00 $0.00
OpenForms Enterprise License
(30 users,
100 forms) $9,228.75 $9,874.76 $10,566.00 $11,305.62
OpenCities SaaS License $12,840.00 $13,738.80 $14,700.52 $15,729.55 OpenCities Intranet License $5,885.00 $6,296.95 $6,737.74 $7,209.38 SUBTOTAL: $27,953.75 $29,910.51 $32,004.26 $34,244.55
Period of Performance
Optional Solution(s)
Period 2 Period 3 Period 4 Period 5
Peak Agenda Management $12,223.68 $13,079.34 $13,994.89 $14,974.53 Open Platform Suite $0.00 $0.00 $0.00 $0.00
Send Agenda (Peak) $0.00 $0.00 $0.00 $0.00
govDelivery for Integrations $0.00 $0.00 $0.00 $0.00
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PRODUCT DESCRIPTIONS
Solution Description
Government Experience Cloud
(SERVE)
Government Experience Cloud is a purpose-built software-as-a-service (SaaS) solution that helps local government transform the resident experience to better connect, engage, and serve constituents by increasing workflow efficiencies and maximizing existing technology investments, such as integrations into traditional back-office enterprise solutions.The SERVE edition is an outcome focused solution that reduces costs by prioritizing moving expensive interactions with government - calls, in-person visits and downloadable PDFs - to easy-to-use self service interactions backed by data.
Peak Agenda Management
(Optional Solution)
Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes:
• Unlimited user accounts
• Unlimited
meeting bodies and meeting types
• Access to up to one (1) Peak Agenda Management site
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Solution Description
Granicus Web - Enhanced
Package
The Enhanced package provides a citizen-focused website with a robust UX process. This package utilizes standard CMS functionality to create a modular homepage layout. It is recommended for organizations that have a small/medium website implementation team with the capacity to engage in a design process to feature their existing branding using proven design patterns for digital transformation.
This package includes:
• Professional Project Management
o Weekly
/ bi-weekly communication
• Basic UX Consultation, which may include one (1) or more of the following based
on consultation with client:
o One (1) site analytics report based on Google Analytics o One (1) homepage heatmap analytics visualization
o One (1) internal stakeholder survey
o One (1) Community survey export
o One (1) modular homepage wireframe based on
predefined building blocks
o Information
Architecture (IA) best practices review
• One (1) Content Rationalization Package (basic)
o Best practices review, one (1) hour session
o Site scrape loaded into AIM framework document
• One (1) Visual Design Package
o One (1) homepage design concept
o Interior page sample
o Mobile version sample
o Up to three (3) rounds of design revisions
• Up to
two (2) CX features
o choose from Granicus library
• Development/CMS Implementation
• Content Migration
- up to one hundred (100) pages
• QA & Accessibility Report
• Remote Training
o Delivered in three (3) non-consecutive sessions eight (8) hours total
o Up to ten (10) people
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Solution Description
Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations
to connect with more people. By leveraging the
Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:
• Up to 99,999 Potential Users
• Unlimited
email sends with industry-leading delivery and
management of all bounces
• Support to upload and migrate existing email lists
• Access to participate in the GovDelivery Network
• Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business hours, auto-response to
inbound messages from end users, and
emergency support
• Text-to-subscribe functionality
• Up
to 2 Web-hosted training sessions annually
• Up to
50 administrators
• Up to
1 GovDelivery account(s)
• Access to
a complete archive of all data created by the client for 18 months (rolling)
• Up to 3 hours of message template and integration development • Up to
100 subscription topics
• Up
to 100,000 SMS/text messages per year from a shared short code within the United States*
*International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year.
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Solution Description
OpenForms Enterprise License
(30 users,
100 forms)
OpenForms is a digital forms builder specifically designed for Government.
Government services can be complicated, but the experience for the residents accessing them shouldn’t have to be. OpenForms is perfect for the business of government, with capabilities that will help you convert complex, multi-page forms and processes into simple, step-by-step online forms that adjust based on customers responses. The Enterprise plan to accelerate digital transformation for up to: 30 users, 100 published forms.
Key features include:
• Workspaces
• Response workflows
• Custom documents (Certificates, permits,
formal letters & more)
• Form versioning & scheduling
• Drag and
drop form builder
• Display logic and calculations
• Payments
• Insights dashboard
• Form analytics
• Support
team access
• Save
responses
• Unlimited responses
• Data connections and API access
• Up
to: 50GB file uploads, 2,000 web API calls per hour, 20 custom documents per form
Open Platform Suite
(Optional Solution)
Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.
Send Agenda (Peak)
(Optional Solution)
Send Agenda is dependent on an active subscription to the relevant govMeetings agenda.
Peak - Setup & Configuration
(Optional Solution)
Setup and Configuration for Peak Agenda Management includes implementation of:
• Up to one (1) meeting body’s Standard Agenda, Cover Page and Minutes report template
• Up to one (1) public view page portal
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Solution Description
Peak Online Group Training
(Optional
Solution)
Online Group Training for Peak Agenda Management allows clients to have up to six (6) users participate in online group sessions with a Granicus trainer and other client users to learn how to use the system.
Group training includes:
1. 30-60 minute kick off meeting
2. 4 x
2hr group training sessions.
3. 1hr
peak review call
Project Manager will conduct check in's along the way.
OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center.
The SaaS License includes:
• All OpenCities out of the box functionality (excluding optional/premium modules
priced separately)
• Platform setup and full project management
• Managed cloud hosting via Microsoft AzureGov
• Ongoing security updates
• Ongoing product updates and enhancements
• WCAG AA Accessibility maintained perpetually
• 99.9% up-time guarantee and 24/7 support for Priority 1 issues (per SLA)
• Comprehensive SLA and
Support Ticketing system
See subscription agreement for details.
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Solution Description
Communications Cloud - Setup
and Configuration
The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations
to connect with more people. By leveraging the
Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes:
• The implementation consultant will be assigned to Recipient during the setup process
for up to 90 days
• Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics
• Up to 2 Web-hosted training sessions that must be used within 180 days of
Kickoff
• Up to 5 hours of message template and integration development that must be
used within 90 days of Kickoff
Communications Cloud -
Online Training
Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology.
Setup and configuration
package: OpenForms
License
Setup and configuration of OpenForms
Training: OpenForms 1.5 hour OpenForms Training session for up to 25 people, delivered online.
Open Platform - Setup and
Configuration
(Optional Solution)
Setup and configuration for Open Platform
govDelivery for Integrations
(Optional Solution)
Send notification bulletins directly to constituents who subscribe to receive updates directly through Granicus (powered by govDelivery). Receive a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network.
Note: govDelivery integrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions.
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Solution Description
Granicus Web - Intranet-
Specialty
services pack -
Branded Subsite
Branded subsites allow a department or organization to customize their pages with a unique color scheme and branding utilizing the framework of the main site.
This package includes:
• Landing page – a carbon copy of the main website homepage layout and functionality
• Unique design theme, including color palette for landing and interior pages
• Development/CMS Implementation
• Ability to
refine homepage content via CMS widget settings
• Individual navigation
structure
• Individual
domain name
• Individual
search capabilities
OpenCities Intranet License Help all employees find and view the information they need through an elegant and intuitive
online Intranet portal. Deliver content to specific
employee groups securely. Enable HR functions such as company communications, vacation calendars or new hire onboarding. Organize policies. Surface and search key content. The OpenCities intranet provides a turn-key solution that captures years of local government digital learnings to bring people, processes and information together, providing your teams with everything they need to do their job better.Delivered as a mobile friendly, ADA / WCAG compliant, continually evolving cloud solution, an OpenCities Intranet is fast to deploy, easy to scale and provides the user experience a modern intranet needs. - OpenCities Project Manager from kick-off to go-live- Use the full power of OpenCities page types, content types and modules to create a functionality rich intranet- Staff directory and organization chart that syncs automatically with your Microsoft Azure Active Directory to ensure the information is always up to date- Enhance collaboration and communication with message boards- Allow users to create profiles, news, events and message boards in the intranet, without needing to access the CMS back-end- Does not include implementation services
Order Form
Bell, CA
Order #: Q-300662
Prepared: 05 Sep 2023
of 15
Solution Description
OpenCities Intranet License
(With Design)
- Design Package
This package includes:
• Landing
page – a carbon copy of the main website homepage
layout and functionality
• Unique design theme, including color palette for landing and interior pages
• Development/CMS Implementation
• Ability to refine homepage content via CMS widget settings • Individual navigation structure
• Individual domain name
• Individual search capabilities
Training - OpenCities 2.5 hour OpenCities training session for up to 20 people, delivered online, covering
one of these topics:
• Site Admin training
• Content
Publisher training
• Power
Publisher training
GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
• Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities
will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i)
not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).
• Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.
o Network Subscribers are
available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after
Order Form
Bell, CA
Order #: Q-300662
Prepared: 05 Sep 2023
of 15
termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination.
UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY):
• Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
• Client must have explicit opt-in
for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.
Order Form
Bell, CA
Order #: Q-300662
Prepared: 05 Sep 2023
of 15
TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including
any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-300662 dated 05
Sep 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility
of Bell, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Billing Frequency
Notes (Milestones - 40/30/30): An initial payment equal to 40% of the total; a payment equal
to 30% of the total upon homepage design approval, and; a payment equal to 30% of the total upon go-live.
• Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that exceeds the
permitted amount set forth in this Quote at the same cost or rate set forth herein. • Updates to Shared Short Codes for SMS/Text Messaging:
Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use.
Order Form
Bell, CA
Order #: Q-300662
Prepared: 05 Sep 2023
of 15
BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:
If PO required
Billing Email: Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-300662 dated 05 Sep 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing
this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
Bell, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
The City of Bell, CA
Website Redesign and Hosting Services
Exceptions
granicus.com | [email protected] 85
Exceptions
We have included our exceptions on the following pages along with our Master Subscription Agreement, Certificate of Insurance, and details on Help Desk support.
granicus.com | [email protected] page 1
Via Email: [email protected]
September 5, 2023
City Hall, City of Bell
Attn: City Clerk
6330 Pine Avenue
Bell, CA 90201
Subject: Exceptions to the RFP-044637 for City of Bell Website Redesign and Hosting Services
Dear Javier Ochiqui
Thank you for providing us with the opportunity to review and respond to the RFP-044637 for City of Bell Website Redesign and Hosting Services (“RFP”) and the City of Bell sample Agreement for Agreement for Contract Services (“Sample Agreement”).
After reviewing the RFP and Sample Agreement, we kindly request the following changes:
I. RFP:
• Section 4 Continuing Services: We kindly request that Section 4 is amended by deleting the following text: “Free website redesign services after 5 years at no cost to the city.”
II. Sample Agreement:
• Section 1.8 Additional Services: We kindly request that Section 1.8 is amended by deleting the strike-through text as follows: 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 contractors. 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.
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• Section 2.1 Contract Sum: We kindly request that Section 2.1 read as follows : Subject to any limitations set forth in this Agreement, t he City will pay the Consultant for the performance of this Agreement, a total of [Type dollar amount] DOLLARS (the “ Contract Sum”), for the total quantities of work performed as stipulated in the Consultant’s Proposal. The “Schedule of Compensation” (the “SOW”) is attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses shall not exceed the Contract Sum, unless additional compensation is approved pursuant to Section 1.8.
• Section 2.2 Method of Compensation : We kindly request that Section 2.2 read as follows: The City will pay all fees, costs and other amounts as specified in each order or SOW. Annual fees are due upfront on the date of execution of this Agreement and upfront at the beginning of each annual term. Services fees and one-time fees are due according to the billing frequency specified in each order or SOW.”
• Section 2.3 Reimbursable Expenses: We kindly requestion that Section 2.3 is amended by deleting the strike-through text as follows: 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 Con sultant 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.
• Section 2.4 Invoices: We kindly request that Section 2.4 delete the strike -through text and add the italicized text as follows: 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) thirty (30) 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 invo ice 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.
• Section 5.3 Indemnification: We kindly request that Section 5.3read as follows, “The Consultant hereby releases and agrees to indemnify, defend and save harmless the City and its agents from and against all claims, actions, causes of action, demands, judgments, costs, expenses and all damages of every kind and nature, incurred by and on behalf of any person or corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever ownership, including the parties to this Agreement and their employees, and arising out of or connected with, in any manner, di rectly or indirectly, the Consultant's operations. The Consultant will defend the City from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either party to this Agreement
granicus.com | [email protected] page 3
(“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claim s that the Consultant’s products and services infringe a valid U.S. copyright or U.S. patent issued as of the date of this Agreement. In the event of such a Claim, if the Consultant determines that this Agreement is likely affected, or if the solution is d etermined in a final, nonappealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent, the Consultant will, in its discretion: (i) replace the affected Consultant products and services; (ii) modify the affect ed Consultant products and services to render it non-infringing; or (iii) terminate this Agreement with respect to the affected solution and refund to the City any prepaid fees for the then-remaining or unexpired portion of the Agreement term. Notwithstanding the foregoing, the Consultant will have no obligation to indemnify, defend, or hold the City harmless from any Claim to the extent it is based upon: (i) a modification to any solution by the City (or by anyone under City’s direction or control or using logins or passwords assigned to City); (ii) a modification made by Consultant pursuant to City’s required instructions or specifications or in reliance on materials or information provided by City; or (iii) City’s use (or use by anyone under City’s direction or control or using logins or passwords assigned to City) of any Consultant products and services other than in accordance with this Agreement. This section sets forth City’s sole and exclusive remedy, and Consultant’s entire liability, for any Claim that the Consultant products and services or any other materials provided by Consultant violate or infringe upon the rights of any third party . With regard to any Claim subject to indemnification pursuant to this section: (i) the party seeking indemnification shall promptly notify the indemnifying party upon becoming aware of the Claim; (ii) the indemnifying party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (iii) the indemnified party shall reasonably cooperate with the indemnifying party regarding such Claim. Nevertheless, the indemnified party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying party’s prior written consent. The indemnifying party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified party without the prior written consent of the indemnified party.
• Section 4.5 Prohibition Against Subcontracting or Assignment: We kindly request that Section
4.5 is amended by deleting the strike-through text and adding the italicized text as follows: 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. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided that either Party may assign this Agreement with reasonable notice to the other party to an affiliate or to a successor in interest resulting from
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acquisition of all, or substantially all, of the assigning party’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void.
• Section 6.3 Ownership of Documents : We kindly request that Section 6.3 be deleted in its entirety.
• Section 6.4 Confidentiality and Release of Information : We kindly request that Section 6.4 be deleted in its entirety and replaced with the following: It is expected that one party may disclose to the other party certain information which may be considered confidential or trade secret information (“Confidential Information”). Confidential Information shall include: (i) non -public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (ii) non-public information of a party if it is identifi ed as confidential or proprietary before, during, or promptly after presentation and (iii) any information that should be reasonably understood to be confidential or proprietary to a party, given the nature of the information and the context in which disclosed.
Subject to applicable law, each party agrees to receive and hold any Confidential Information in strict confidence. Each party also agrees: (i) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosur e; (ii) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the other party; (iii) not to use any Confidential Information for any purpose other than for performance under this Agreement; (iv) to restrict access to Confidential Information to those of its employees, agents, and Agreementors who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) to exercise at least the same standard of care and security to protect the Confidential Information received by it as it protects its own confidential information. If a party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the other party as promptly as practicable so that such party may seek a protective order or waiver for that instance.
Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of either party; (ii) was in a party’s possession before receipt from the other party; (iii) is rightfully received by a party from a third party without any duty of confidentiality; (iv) is independently developed by a party without use or reference to the other party’s Confidential Information; or (v) is disclosed with the prior written consent of the Parties.
Each party shall return or destroy the Confidential Information upon written request by the other party; provided, however, that each party may retain one copy of the Confidential Information in order to comply with applicable law. The City understands and agrees that it may not always be possible to completely remove or delete all Confidential Information from Granicus’ databases without some residual data.
• Section 7.2 Disputes; Default: We kindly request that Section 7.2 is amended by adding the following sentence at the end of the paragraph: “Consultant may terminate this Agreement by written notice if the City commits a material breach of this Agreement and fails to cure such
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breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties.”
• Section 7.7 Termination Prior to Expiration of Term: We kindly request that Section 7.7 is amended by deleting the strikethrough text and adding the italicized text as follows: 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) sixty (60) 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.
• Section 7.8 Termination for Default of Consultant: We kindly request that Section 7.8 is amended by deleting the strikethrough text and adding the italicized text as follows: 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), refund the pro rata portion of any fee that may have been paid by City for the portion of the Agreement not furnished to City, 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.
III. Additional Terms:
Additionally, we kindly request that the City of Bell review the following language that Granicus proposes adding to Exhibit “B” “Special Requirements” of the Agreement, should Granicus be selected:
1. Licensing/Permitted Use
a) Intellectual Property Ownership. The Consultant and its licensors own all IP Rights in the products. The City and its authorized users have no right, title or interest in the products other than the license rights expressly granted herein. All rights not expressly granted in the products are reserved by the Consultant or its licensors.
b) License to Products. The Consultant hereby grants the City a non-exclusive, non-transferable license to access and use the products identified in the Order during the term set forth therein. In addition to the terms of this Agreement and the order, product-specific license terms applicable to certain of the products can be found at granicus.com/legal/licensing and are hereby incorporated into this Agreement by reference. The Consultant reserves all right, title and interest in and to all Consultant products, including all rights not expressly granted to the City under this Agreement.
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c) Third Party Consultants. the City may permit its third -party Consultants to access and use the products solely on behalf of and for the benefit of the City, so long as: (i) such Consultant agrees to comply with this Agreement as if it were the City; (ii) the City remains responsible for each Consultant’s compliance with this Agreement and any breach thereof; and (iii) all volume or transaction-based use of the products includes use by Consultants. All rights granted to any Consultant terminate immediately upon conclusion of the services rendered to the City that give rise to such right. Upon termination of such rights, Consultant will immediately cease all use of the products and uninstall and d estroy all confidential or proprietary Consultant information in its possession. The City will certify compliance with this section in writing upon Consultant’s request.
d) Data Sources. The City may only upload data related to individuals that originates with or is owned by the City. The City shall not upload data purchased from third parties without Consultant’s prior written consent and list cleansing services provided by Agreementor for an additional fee. Consultant will not sell, use, or disclose any personal information provided by the City for any purpose other than performing services subject to this Consultant.
e) Content. The City can only use products to share content that is created by or owned by the City and/or content for affiliated organizations, provided that use by the City for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the products. Consultant is not responsible for any content used, uploaded or migrated by the City or any third party.
f) Advertising. The City shall not use products to promote products or services available for sale through The City or any third party without Consultant’s prior written consent.
g) Restrictions. The City shall not:
(i) Use or permit any end user to use the products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the products, network services or network equipment, including unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the products to make unauthori zed entry into any other device accessible via the network or products;
(ii) Use the products as a door or signpost to another server; (iii) Disassemble, decompile, reverse engineer or make derivative works of the products; (iv) Rent, lease, lend, or host the products to or for any third party, or disclose the products to any third party except as otherwise permitted in this Agreement or an order or SOW; (v) Use the products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied or sanctioned parties prohibitions; or
(vi) Modify, adapt, or use the products to develop any software application intended for resale which uses or competes with the products in whole or in part.
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2. Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS
AGREEMENT (WHETHER IN AGREEMENT OR TORT OR OTHERWISE) EXCEED THE LESSER OF TWO TIMES (2X) THE FEES PAYABLE BY COUNTY FOR THE SUPPLIER PRODUCTS AND SERVICES OR FIVE HUNDRED THOUSAND DOLLARS ($500,000 USD). AGREEMENTOR SHALL NOT BE
RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED.
3. Warranties
Consultant warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Consultant products and services; however, the Consultant products and services are provided “AS IS” and as available. EXCEPT AS
PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WAR RANTIES OF
ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AGREEMENT OR DOES NOT WARRANT THAT AGREEMENT OR PRODUCTS AND SERVICES WILL MEET CITY’S
REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
Please note that Granicus reserves the right to in good faith further negotiate the terms and conditions of the Sample Agreement, and any other agreement or document issued by the City of Bell, upon award.
Granicus’s proposal is submitted based upon a good faith negotiation of mutually agreeable terms and conditions upon award of the RF P. The attached Master Subscription Agreement contains the necessary provisions covering the products and services that comprise Granicus’s proposal, and it is offered for consideration to be the basis for such good faith negotiations. If there is an existing Agreement between the parties, Granicus is willing to consider utilizing such Agreement upon award.
Additionally, attached is Granicus’s evidence of insurance and service level agreement.
We look forward to having the opportunity to work with and support the City of Bell.
Sincerely,
Attachments: Exhibit A (Master Subscription Agreement); Exhibit B (Evidence of Insurance) ; Exhibit C (Service Level Agreement).
Versio
n May 2022
Exhibit A
Master Subscription Agreement
US/Canada
This Master Subscription Agreement (“Agreement”) is effective as of the date an Order or SOW (as defined below) commences (“Effective Date”) between the party procuring Granicus Products and/or Services (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company (“Granicus”).
1. Definitions. For the purpose of this Agreement, the following terms have the corresponding definitions:
“Content” means any material or data: (i) displayed or published on Client’s website; (ii) provided by Client to Granicus to perform the Services; or (iii) uploaded into Products. “Products” means the online or cloud subscription services, on premise software, and embedded software licensed to Client, and hardware components purchased by Client under this Agreement; “IP Rights” means all current and future worldwide statutory or other proprietary rights, whether registered or unregistered, including but not limited to, moral rights, copyright, trademarks, rights in designs, patents, rights in computer software data base rights, rights in know how, mask work, trade secrets, inventions, domain or company names and any application for the foregoing, includi ng registration rights.
“Order” means a binding proposal, written order, or purchasing document setting forth the Products made available to Client pursuant to this Agreement;
“Services” means the consulting, integration, installation, and/or implementation services to be performed by Granicus as described in the SOW;
“SOW” means a statement of work agreed to by the parties that references this Agreement and describes the Services and Deliverables provided as part of a Services engagement pursuant to the Services provisions set forth in this Agreement; and
2. Intellectual Property Ownership and Use Rights.
a) Intell
ectual Property Ownership. Granicus and its licensors own all IP Rights in the Products.
Client and its authorized users have no right, title or interest in the Products other than the license rights expressly granted herein. All rights not expressly granted in the Products are reserved by Granicus or its licensors.
b) Lice
nse to Products. Granicus hereby grants Client a non-exclusive, non-transferable license to access and use the Products identified in the Order during the Term set forth therein. In addition to the terms of this Agreement and the Order, product-specific license terms applicable to certain of the Products can be found at granicus.com/legal/licensing and are hereby incorporated into this Agreement by reference. Granicus reserves all right, title and interest in and to all Granicus Products, including all rights not expressly granted to Client under this Agreement.
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c) Third Party Contractors. Client may permit its third-party contractors to access and use the Products solely on behalf of and for the benefit of Client, so long as: (i) such contractor agrees to comply with this Agreement as if it were Client; (ii) Client remains responsible for each contractor's compliance with this Agreement and any breach thereof; and (iii) all volume or transaction-based use of the Products includes use by contractors. All rights granted to any contractor terminate immediately upon conclusion of the Services rendered to Client that give rise to such right. Upon termination of such rights, contractor will immediately cease all use of the Products and uninstall and destroy all confidential or proprietary Granicus information in its possession. Client will certify compliance with this section in writing upon Granicus’ request.
d) Data S
ources. Client may only upload data related to individuals that originates with or is owned by Client. Client shall not upload data purchased from third parties without Granicus’ prior written consent and list cleansing Services provided by Granicus for an additional fee. Granicus will not sell, use, or disclose any personal information provided by Client for any purpose other than performing S ervices subject to this Agreement.
e) Content
. Client can only use Products to share Content that is created by or owned by Client and/or Content for affiliated organizations, provided that use by Client for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the Products. Granicus is not responsible for any Content used, uploaded or migrated by Client or any third party.
f) Advert
ising. Client shall not use Products to promote products or services available for sale through Client or any third party without Granicus’ prior written consent. g) Restr
ictions. Client shall not:
(i) Use o
r permit any end user to use the Products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the Products, network services or network equipment, including unsolicited advertising or cha in letters, propagation of computer worms and viruses, or use of the Products to make unauthorized entry into any other device accessible via the network or Products;
(ii) Use the Products as a door or signpost to another server; (iii) Disassemble, decompile, reverse engineer or make derivative works of the Products; (iv) Rent, lease, lend, or host the Products to or for any third party, or disclose the Products to any third party except as otherwise permitted in this Agreement or an Order or SOW; (v) Use the Products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied or sanctioned parties prohibitions; or
(vi) Modify, adapt, or use the Products to develop any software application intended for resale which uses or competes with the Products in whole or in part.
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3. Term; Termination.
a) Agreement Term. This Agreement begins on the Effective Date and remains in effect for the period set out in the Order (“Initial Term ”). Thereafter, this Agreement will continue in effect until all Orders or SOWs have expired or been terminated.
b) Order Term. Each Order will be effective on the date set out therein and will remain in effect during the Initial Term identified in such Order. Each Order will automatically renew for twelve (12) month terms (each, a “Renewal Term”) unless either party gives the other party notice of non -renewal at least sixty (60) days prior to the end of the applicable Term of the Order. The Initial Term and all Renewal Terms are collectively, the “Term”.
c) SOW Term. Each SOW will begin on the effective date of the SOW and will remain in effect until the Services are completed, this Agreement is terminated, or the termination date set out in the SOW (the “Termination Date”), whichever is later. If no specific Termination Date is designated in the SOW, Client may terminate the SOW upon thirty (30) days written notice to Granicus.
d) Termination for Default. Either party may terminate this Agreement or any Order or SOW by written notice if the other party commits a material breach of this Agreement or the applicable Order or SOW and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties.
e) Effect of Termination. Upon expiration or termination of an Order or SOW for any reason: (i) Client’s right to access and use the Products will immediately cease (except for perpetual licenses granted under an Order, which will continue to be governed by this Agreement for the duration of the license); (ii) Client will promptly remit any fees due to Granicus under all Orders and SOWs; (iii) Granicus will promptly cease performance of any Services; and (iv) the parties will return or destroy any Confidential Information of the other party in its possession, and certify upon request to the other pa rty of compliance with the foregoing. Client will have thirty (30) days from the expiration date of a subscription to extract or download any Content stored in the Products. Granicus has no obligation to retain any Content after such thirty (30)-day period nor is Granicus responsible for extracting the data on Client’s behalf absent separate written agreement and the payment of additional fees.
f) Survival. Sections 4 (Fees, Payment), 9 (Confidentiality), 10 (Indemnification), 11 (Limitation of Liability), 13 (Governing Law) and any other clause that by its nature is intended to survive will survive termination of this Agreement indefinitely or to the extent set out therein.
4. Fees; Payment.
a) Fees. Client will pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront at the beginning of each annual term. Services fees and one -time fees are due according to the billing frequency specified in each Order or SOW. Granic us may suspend Client’s access to any Products if there is a lapse in payment not remedied promptly upon notice to Client. A lapse in the
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Term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’s responsibility to provide applicable exemption certificate(s).
b) Payment. Client will remit payment of the fees due within thirty (30) days of receipt of an accurate invoice from Granicus or its authorized reseller, or if Client is subject to different payment terms imposed by applicable regulation, such required payment duration. Any disputed amounts will be identified in writing to Granicus within the payment period or be deemed accurate and payable. With respect to any amount due to Granicus which is not paid within thirty (30) days of an undisputed invoice, Granicus may apply interest at the rate of one and half percent (1.5%) per month, or s uch lesser amount required by law, assessed from the due date through the date of payment. Client acknowledges and agrees that orders placed by Client for Products and Services will be non -cancellable and the fees paid are non - refundable unless otherwise expressly stated in the Agreement.
c) Purchase Orders. Upon request, Granicus will reference a purchase order number on its invoices if Client provides the corresponding purchase order information to Granicus prior to generating the invoice. Client agrees that a failure to provide Granicus with purchase order information will not relieve Client of its obligations to provide payment in accordance with this section.
d) Price Changes. Subject to any price schedule or pre -negotiated fees to which this Agr eement or an Order may be subject, Granicus will provide notice of any price changes at least ninety (90) days prior to the end of the current Term, which will become effective as of the next Renewal Term. Renewals at the same volume amount will not incre ase more than ten percent (10%) over the prior year’s fees.
Purchases of additional Products will be at Granicus’ then-current price and licenses, subject to volume or transaction metrics, and will be reviewed annually prior to commencement of the Renewal Term, with fees adjusted to cover increases in Client’s use.
e) Cooperative Purchasing. To the extent permitted by law the terms of this Agreement may be extended for use by other municipalities, school districts and governmental agencies. Orders and SOW s entered into by such third parties are independent agreements between the third party and Granicus and do not affect this Agreement or any Order or SOW between Granicus and Client.
5. Client Responsibilities.
a) Content. Client will be solely responsible for the Content submitted to the Products and will comply with all laws, rules and regulations relating to the use, disclosure and transmission of such Content, including providing such to Granicus . Client represents and warrants it has the legal right to provide the Content to Granicus and that such use or disclosure does not violate the intellectual property, privacy or other legal rights of any third party. Client grants Granicus a limited, non-exclusive right during the Term to access and use the Content to provide the Products and Services. Content does not include user feedback related to the Products or Services, which Granicus is free to use without any further permission or consideration to Client. In addition, Content does not include data generated by use of the Products, including system data and data derived from Content in an aggregated and anonymized form, which may be used by Granicus for any and all business purposes including diagnostics and system and product improvements.
b) Data Backup and Protection. Client will maintain a back-up of any data or data files provided to Granicus. For certain Products, Granicus offers functionality that requires subscribers to enable password
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protection of subscriber profiles and associated data. Client assumes all responsibility for implementing and enforcing this security functionality in its sole discretion.
c) Passwords. Sign- on credentials used to access the Products are non -transferable. Client is responsible for keeping all passwords secure and for all use of the Products through Client’s sign in credentials.
d) Cooperation. Client will provide any assistance reasonably required by Granicus to perform the Services, including timely review of plans and schedules for the Services and reasonable access to Client’s offices for Services performed onsite.
e) Third-Party Technology. Client will be responsible for securing all licenses for third party technology necessary for Granicus to perform the Services (including the right for Granicus to use such technology) and will be responsible for the performance of any third-party providing goods or services to Client related to the Services, including such third party’s cooperation with Granicus.
6. Support. Basic support and maintenance services provided to Client for Products (“Support”) is included in the fees paid for the Granicus Product subscription or maintenance during the Term and will be provided in accordance with the Service Level Agreement set forth at granicus.com/legal/licensing .
Granicus may update its Support obligations under this Agreement, so long as the level of Support agreed to by the parties is not materially diminished due to such modification.
7. Representations; Warranties; Disclaimers.
a) Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so.
b) Warranties:
(i) Each party warrants that it has the rights necessary to grant to the other party the licenses granted in this Agreement.
(ii) Granicus warrants that it will perform its obligations in a professional and workmanlike manner in accordance with industry standards.
(iii) Client’s sole and exclusive remedy and Granicus ’ sole obligation for breach of the warranties in this Section are as follows: (i) for a breach of the warranty in Section 7.b.(i), the indemnity in Section 10 of this Agreement; and (ii) for a breach of the warranty in Section 7.b.(ii) reperformance of the non-conforming Services, provided that Client notifies Granicus of a non-conformity in this Section during the thirty (30) day period following Granicus’ completion of the applicable Services. c) Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS THIS SECTION, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND GRANICUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON - INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT PRODUCTS OR SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
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8. Services.
a) Granicus will perform Services in accordance with this Agreement and the SOW. Granicus is not obligated to provide any Services unless set out in the SOW. Unless otherwise set out in the SOW or as agreed to by the parties the Services will be performed remotely. Any estimates provided in the SOW, including expected hours to complete the Services and any timeline provided by Granicus, are based on known functional requirements and technical environments as of the effective date of the SOW. Changes or delays in the work schedule originating with Client are subject to the project change procedure and may result in an increase in fees.
b) Granicus grants Client a non-exclusive, non-transferable, royalty-free, perpetual license to use the Deliverables on behalf of and for the benefit of Client independently and with the Products . Granicus retains all right, title and interest to the Deliverables except for those rights expressly granted to Client and reserves all rights not otherwise expressly granted herein. Deliverables and Services are deemed accepted upon delivery unless otherwise set forth in a SOW. “Deliverable(s)” means any computer software, written documentation, reports or materials developed by Granicus specifically for Client pursuant to a SOW;
c) Any modifications to the Services must be in writing and signed by authorized representatives of each party. Granicus personnel performing Services at Client’s offices will comply with Client’s policies and procedures in effect at such location.
d) If agreed to by the Parties in the SOW, Client will also pay for all reasonable travel- related and out-of-pocket ex penses incurred by Granicus in the performance of the Services in accordance with Client’s travel and expense policy which will be provided to Granicus in writing (or Granicus’ policy if none is provided by Client) and which will be billed monthly and due thirty (30) days following date of invoice.
9. Confidentiality. During performance of the Services, each party may receive Confidential Information of the other party.
a) “Confidential Information” means all confidential and/or trade secret information of either party (“Disclosing Party”), including but not limited to: (i) Granicus’ Products; (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non -public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication; and (iv) any information that should be reasonably understood to be confidential or proprietary given the nature of the information and the context in which disclosed, in each case that is disclosed to the other party (“Receiving Party”) or to which the Receiving Party gains access in connection with performance of the Services.
b) Subject to freedom of information, government transparency, or similar applicable law, each Receiving Party will receive and hold any Confidential Information in strict confidence and will: (i) protect and safeguard the C onfidential Information against unauthorized use, publication or disclosure; (ii) not reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (iii) not use any Confidential Information for any purpose other than in performance of this Agreement; (iv) restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written
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obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information, but no less than a reasonable degree of care.
c) If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance, unless such notification is prohibited by law or judicial order.
d) The foregoing obligations do not apply to information that: (i) is already public or becomes available to the public through no breach of this section; (ii) was in the Receiving Party’s lawful possession before receipt from the Disclosing Party; (iii) is lawfully received independently from a third party who is not bound by a confidentiality obligation; or (iv) is independently developed by or on behalf of the Receiving Party without use of any Confidential Information.
e) Upon written request of the Disclosing Party, the Receiving Party agrees to promptly return or destroy all Confidential Information in its possession, and certify its destruction in writing, provided that the Receiving Party may retain a copy of the returned or destroyed items for archival purposes in accordance with its records retention policies and subject to this section.
f) Disclosing Party may be irreparably damaged if the obligations under this section are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this section or any other appropriate equitable order or decree.
10. Indemnification.
a) Granicus will defend, indemnify and hold Client harmless from and against all losses, liabilities, damages and expenses including reasonable attorney fees (collectively, “Losses”) arising from any claim or suit by an unaffiliated third party that the Products or Deliverables, as delivered to Client and when used in accordance with this Agreement and the applicable Order or SOW, infringes a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW (a “Claim”).
b) To the extent permitted by applicable law, Granicus will have control of the defense and reserves the right to settle any Claim. Client must notify Granicus promptly of any Claim and provide reasonable cooperation to Granicus, upon Granicus’ request and at Granicus’ cost, to defend such Claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent. Client may elect to participate in the defense of any claim with counsel of its choosing at its own expense.
c) If the Products or Deliverables are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes the Products or Deliverables may be subject to such a Claim, Granicus reserves the right, in its sole discretion, to: (i) replace the affected Products or Deliverable with non - infringing functional equivalents; (ii) modify the affected Products or Deliverable to rende r it non - infringing; or (iii) terminate this Agreement or the applicable Order or SOW with respect to the affected
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Granicus Product or Deliverable and refund to Client any prepaid fees for the then -remaining portion of the Order or SOW Term.
d) Granicus will have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to the Granicus Product or Deliverable by anyone other than Granicus; (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; (iii) combination with the Products or Deliverable with non-Granicus software or data; or (iv) Client’s (or any authorized user of Client) use of any Products or Deliverables other than in accordance with this Agreement.
e) This section sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Products, Deliverables or any other materials provided by Granicus violate or infringe upon the rights of any third party.
11. Limitation of Liability.
a) EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY: (I) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO DATA, LOST PROFITS, SALES,
BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND R EGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) IN NO EVENT, EXCEPT FOR CLIENT’S OBLIGATIONS TO PAY AMOUNTS DUE UNDER THE ORDER OR SOW, OR GRANICUS’ INDEMNIFICATION OBLIGATIONS SET FORTH IN S ECTION 10 (INDEMNIFICATION), WILL EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH
THIS AGREEMENT (IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY CLIENT TO GRANICUS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. HOWEVER, IF CLIENT HAS PAID NO FEES UNDER THE TERMS OF AN ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE
OF THE INCIDENT GIVING RISE TO THE CLAIM, THE AGGREG ATE LIABILITY OF GRA NICUS TO CUSTOMER FOR SUCH CLAIM SHALL NOT EXCEED FIVE THOUSDAND DOLLARS ($5,000).
12. General.
a) Force Majeure. With the exception of payment obligations, a ny delay in the performance by either party of its obligations hereunder will be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event.
b) Independent Contractor. Each party is an independent contractor and employees of each party are not considered to be employees of the other party. No agency, partners hip, joint venture or other joint relationship is created by this Agreement. The parties shall not make any commitments binding on the other or make any representation that they are acting for, or on behalf of, the other. Each party assumes full responsibility for the actions of its personnel while performing the Services and such party
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will be solely responsible for the supervision, daily direction, control of its personnel, and for the payment of all of their compensation and any taxes related thereto.
c) Publicity. Neither party will use the name of the other party in publicity releases or similar activity without the consent of the other party, except Granicus may include Client’s name and logo in client lists and similar communications.
d) Waiver. No waiver of any breach of any provision of this Agreement or the SOW by either party or the failure of either party to insist on the exact performance of any provision of this Agreement or the SOW will constitute a waiver of any prior, concurrent or subsequent breach of performance of the same or any other provisions hereof, and no waiver will be effective unless made in writing.
e) Notices. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (iii) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (iv) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. Client’s mailing and email address are as set forth in the Order. The mailing and email address of Granicus is as follows:
Granicus
Contracts
408 St. Peter Street, Suite 600, Saint Paul, MN 55102
(651) 757-4154
[email protected]
f) Severability. If any provision of this Agreement, Order, or SOW, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement, Order or SOW will remain in full force and effect.
g) Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided that either Party may assign this Agreement with reasonable notice to the other party to an affiliate or to a successor in interest resulting from acquisition of all, or substantially all, of the assigning party’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void.
h) Amendment. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties.
i) Applicable Law. Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations.
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j) Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor will they be construed to modify, define, limit, or expand the intent of the Parties.
k) No Third-Party Beneficiaries. This Agreement is binding upon and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third -party beneficiaries to this Agreement.
13. Governing Law. If Client is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose), this Agreement will be governed by and construed in accordance with the laws of the state in which the public entity is located, with venue bei ng a court of competent jurisdiction within such state. If Client is the Federal government of the United States or any branch or agency thereof, this Agreement will be governed by the laws of the United States with venue being any Federal district court of competent jurisdiction. If Client is a private or commercial entity, this Agreement will be governed by the laws of the state of New York, without reference to the state’s conflict of law principles, with exclusive jurisdiction of the state and federal courts located in the borough of Manhattan, New York, New York. If Client is located in Canada, this Agreement will be governed by the laws of the Province of Ontario with suit brought only in the General Division of the Ontario Court of Justice. No applicable principals of conflicts of laws, imputed terms of the Uniform Commercial Code, or the United Nations Convention on contracts for the international sale of goods will apply to this Agreement.
14. Entire Agreement. This Agreement and Orders and SOWs governed by this Agreement constitutes the entire agreement between Granicus and Client, and supersedes all prior agreements, requests for proposals or pricing and the corresponding responses, understandings, representations or correspondence relevant to the subject matter hereof. Perpetual licenses granted to Client under prior agreements remain in full force and effect. Inconsistencies between documents will be resolved in the following order: (I) this Agreement; (ii) Orders and SOWs; (iii) all other purchase documents executed by the parties (except for any pre-printed or standard terms contained on purchase orders which shall have no force or effect); (iv) Granicus’ response to Client’s RFI, RFP, RFQ; and (v) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Client has not been induced to enter into this Agreement or the SOW by any representations or promises not specifically stated herein.
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Granicus [Company]
By:
By:
(Authorized Signature) (Authorized Signature)
Name:
Name:
(Print or Type Name of Signatory) (Print or Type Name of Signatory) Title:
Title:
Date:
Date:
(Execution Date) (Execution Date)
Exhibit B
granicus.com | [email protected] page 1
Help Desk Services and Availability
Granicus will provide complete help desk support for administrators and customers of the Granicus Solutions.
Regular support will be available during regular business hours, Monday-Friday; via email or toll-free telephone.
CUSTOMER SUPPORT CONTACT
Hours: 8:00 am – 10:00 pm ET (9:30 am – 5:00 pm Europe) Emergency Support is available 24/7
Please submit support requests via:
• Portal: support.granicus.com
• Email: [email protected]
• Phone: 1-800-314-0147 USA, 0800 032 7764 Europe
Please submit govDelivery Communications Cloud subscriber support only requests to:
• Portal: subscriberhelp.granicus.com
• Email: [email protected]
• Phone: 1-800-439-1420 USA, 0808 234 7450 Europe
COMMUNICATION SERVICE LEVEL AGREEMENT
Granicus response to support and service requests will be based on four (4) Severity Levels:
Severity
Level Description Examples Initial Customer
Response Time
Level 1
Emergency. Incident
represents a total outage; the
product is unavailable or not
accessible for use
• govDelivery’s admin.govdelivery.com is down
or all sending is significantly delayed
• govMeetings web server is running but the
application is non-functional or SQL-server
errors that are not related to hardware
• govAccess website is unreachable by public
users
Within one (1) hour
of notification by
the customer of
occurrence
Level 2
Severely Impaired. Incident
occurs when a major feature
of the product is not working
and there is no workaround
available, or the workaround
is not acceptable and
impacts the primary usability
of the product
• govDelivery PageWatch sending is delayed by
more than 20-30 minutes, or sudden and
significant deliverability issues or intermittent
errors or low performance issues for some or
many customers
• Site operational but govMeetings modular
functionality is non-operational
• govAccess error, where there is no means of
circumvention, that renders an essential
component of the content management tool
non-functioning that did not occur at the time
of the website launch and usually requires
debugging of programming code
Within four (4)
hours of
notification by the
customer of
occurrence
Exhibit C
granicus.com | [email protected] page 2
Level 3
Impaired. Incident occurs
when a primary feature of the
product is not working as
expected and an
acceptable workaround is
available – does not impact
the basic usability of the
product
• govDelivery system not connecting to social
media, single customer app/feature help, or
database requests
• govMeetings system files won’t upload, or text
not rendering
• govAccess website works but there are
problems with presentation
Within one (1)
business day of
notification by the
customer of
occurrence
Level 4
Low Impact. Incident that has
a limited business impact and
requests can be scheduled.
• Programmatic change to back-end or front-
end to improve efficiency
• Distribution of all patches and upgrades
Within three (3)
business days of
notification of
customer of
occurrence
Resolution time will be based on the service or support request and regular follow-ups will be communicated with the customer on final resolution. Granicus shall use commercially reasonable efforts to resolve errors affecting non-essential components of Granicus Solutions, or errors that can be reasonably circumvented but errors that require debugging of programming code may need to be corrected during the next regular update cycle.
AVAILABILITY
Availability is defined as the ability of users to access the Granicus Solutions services via the internet. Granicus represents an up-time guarantee of 99.5% per calendar quarter for its hosted services. Notifications for Granicus Solutions of any system-wide outages will occur within one hour from the time the issues are first recognized by Granicus.
Downtime is defined as any time that the Granicus Solutions services are unavailable.
A Site Outage is defined as continuous Downtime, as determined through URL monitoring (HTTP). Downtime reporting is limited to a Site Outage. Site Outage monitoring is conducted by Granicus utilizing industry-standard monitoring tools. Reports of Site Outages will be provided on an as-requested basis up to once per calendar quarter.
A Site Outage does not include Downtime that falls into one or several of the exclusions below:
• Scheduled or routine maintenance
• Caused by force majeure (which shall include any circumstances beyond Granicus’s reasonable control, including but not limited to, acts of God, labor strikes and other labor disturbances, po wer surges or failures)
• The first four (4) Site Outages in any given quarter that are corrected within fifteen (15) minutes of their start
• The first five (5) minutes of any Site Outage is a grace period and will not be considered Downtime under any circumstances
o Example: a Site Outage of fourteen (14) minutes in duration that is one of the first four (4) such outages in a given quarter would not result in any Downtime, while a Site Outage of sixteen (16) minutes would result in eleven (11) minutes of Downtime. After four (4) Site Outages of between five (5) and fifteen (15) minutes in a quarter, all Site Outage time over five (5) minutes for any one instance will count as Downtime.
granicus.com | [email protected] page 3
• For govAccess, Granicus is not responsible for errors associated with denial of service attacks, distributed denial of service attacks, or customer DNS
Any credit provided under this service level agreement will be referred to as an Outage Credit. The Outage Credit shall be applied as additional subscription days for the customer’s affected Granicus Solutions and will be added to the end of the then-current period of performance and shall be provided upon the customer’s request.
Outage Credit is limited to a Site Outage. In no event shall any credit for a particular calendar quarter exceed the seven (7) days of Outage Credit. Granicus shall have the ability to determine at its reasonable discretion whether Downtime has occurred.
Per calendar quarter, Granicus will provide Outage Credit as follows:
Site Outage per Quarter
(Unless Otherwise Specified Below)
Amount of Outage Credit
(Unless Otherwise Specified Below)
99.5% No Outage Credit
99.4% 1 day credit
98% 3 days credit
97% or less 7 days credit
SCHEDULED MAINTENANCE
govDelivery. Scheduled maintenance typically occurs every thirty (30) days with average Downtime required being less than thirty (30) minutes. Planned or routine maintenance is limited to two (2) hours per week. Total scheduled Downtime for the year will not typically exceed twenty (20) hours. govMeetings. Scheduled maintenance will take place between 11:00 pm – 4:00 am ET on Fridays. Granicus, will provide the customer with at least two (2) days’ notice for any scheduled maintenance. All system maintenance will be performed during these times, except for emergency maintenance. In the case that emergency maintenance is required, the customer will be provided as much advance notice as possible.
Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance.
govAccess. Scheduled maintenance will take place between 1:00 am – 4:00 am ET every Monday.
govService. Planned or routine maintenance is limited to two (2) hours and typically occurs every two (2) weeks.
All Solutions. Notifications will be posted on status.granicusops.com. Email notifications for these products can be subscribed to from that page.
granicus.com | [email protected] page 4
HARDWARE REPLACMENT
For hardware issues requiring replacement (where applicable), Granicus shall respond to the request made by the customer within one (1) business day. Hardware service repair or replacement will occur within four (4) business days of the request by the customer, not including the time it takes for the part to ship and travel to the customer. The customer shall grant Granicus or its representatives access to the equipment for the purpose of repair or replacement at reasonable times. Granicus will keep the customer informed regarding the time frame and progress of the repairs or replacements.
The City of Bell, CA
Website Redesign and Hosting Services
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Attachment 1 – Proposal Certification
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UNDER SEPARATE COVER
AGENDA ITEM NO. 8
8. Consideration of Adoption of Election Resolutions to Place before City Voters, at a March 5, 2024, General Municipal Election Consolidated with the Presidential Primary Election, a Three-Quarter Cent per Dollar (0.75%) General Sales Tax Ballot Measure; Call of Election; Direction for Impartial Analysis, Ballot Arguments, and Rebuttals for the above-mentioned Measure; Approve the first reading, by title only, of an Ordinance relating to the above- mentioned Measure. (City Council)
Recommendation: It is recommended that the City Council approve Resolution 2023- 80 (Calling the Election), Resolution 2023- 81 (Arguments and Impartial Analyses for the proposed Measure), and Resolution 2023-82 (Rebuttal Arguments).
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
MINUTES FOR THE REGULAR JOINT MEETING OF THE
Bell
City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority January 25, 2023
5:45 P.
M. Closed Session
7:00 P.M. Regular Meeting
Location
: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor A
rroyo called the meeting to order at 5:59 p.m.
Roll
Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT
: Councilmember Romero, Saleh, and Mayor Arroyo
ABSENT: C
ouncilmember Quintana* and Vice-Mayor Gallardo
*Counci
lmember Quintana arrived at 6:20 p.m.
Staf
f Present: City Manager Michael L. Antwine II, City Attorney Dave Aleshire, and Community Development Director Manuel Acosta.
Comm
unications from the Public on Closed Session Items
This i
s the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.
None
Cit
y Manager Michael L. Antwine ll requested to add the following item to closed session.
1. 2023 Amend
ed and Restated Employee Agreement with Carlos Islas as Chief of Police
It w
as moved by Councilmember Romero to add the above item to closed session. Motion was seconded by Councilmember Saleh which carried with the following roll call vote:
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, January 25, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101 AGENDA ITEM 9
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Saleh and Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Vice-Mayor Gallardo
Motion Passed.
City Council recessed to Closed Session at 6:01 p.m.
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4777 E Gage Avenue, Bell CA 90201
Agency negotiators: Michael Antwine (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment
b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 7030 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael Antwine (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment
c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael Antwine (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment
d) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: Caltrans Parcel 1958
Agency negotiators: Michael Antwine (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment
Mayor Arroyo reconvened the meeting the Regular City Council Meeting at 7:27 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
ALL MEMBERS PRESENT: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
ABSENT: None.
Also present were the following staff members: City Manager Michael L. Antwine II, Chief of Police
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
Carlos Islas; City Attorney Dave Aleshire; City Engineer Bill Pagett; Deputy City Attorney Rey Alfonso; Community Development Director Manuel Acosta; Assistant Planner Rodrigo Pelayo; Contracts and Facilities Manager Javier Ochiqui; and City Clerk Angela Bustamante.
Pledge of Allegiance was led by Natalia a student from Orchard Academy Middle School.
City Attorney Report
City Attorney Dave Aleshire reported out the following from closed session: The evaluation of the chief of police was added to the closed session agenda and was discussed. Item a) a status report was given; no reportable action was taken. Item b) a status report was given; no reportable action was taken. Item c) a status report was given; no reportable action was taken. Item c) a status report was given; no reportable action was taken. Item d) a status report was taken; no reportable action.
Presentations and Recognitions
A Certificate of Recognition was presented to Natalie, student from Orchard Academies Middle School.
Communications from the Public
The following addressed the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies : Sofia Ryan, Osualdo Pena, Chad Oberly, District Director for State Assembly Member Blanca Pacheco, Merli Albizures, Santiago Vazquez, Malik Tariev Mahamoud Murabbi (email).
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Quintana made a comment.
Councilmember Saleh made a comment.
Vice-Mayor Gallardo made a comment.
Mayor Arroyo made a comment.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
The City Manager had nothing to report.
Public Hearing(s)
The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.
1. Approve Resolution No. 2023-04 Ordering the Vacation of the Alley Located South of Gage Avenue Between Clarkson Avenue and Atlantic Avenue. (City Council)
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2023-04:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
ORDERING THE VACATION OF THE ALLEY LOCATED SOUTH
OF GAGE AVENUE BETWEEN CLARKSON AVENUE AND
ATLANTIC AVENUE
Community Development Director Manuel Acosta introduced the item. He then introduced Deputy Engineer Rey Alfonso, who provided a report on the item.
A brief discussion ensued amongst the staff and council.
Mayor Arroyo opened the public hearing.
Public Speakers Opposed
None
Public Speakers in Favor
None
Public Speakers Neutral
None
Mayor Arroyo Closed the Public Hearing.
City Attorney Dave Aleshire stated that the city would note in the resolution that no protests were received.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 1, as recommended.
Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
Business Session
2. Consideration and Adoption of Resolution Accepting, Approving and Adopting the Tentative Agreement for a Successor Memorandum of Understanding between the City of Bell and the Bell City Employees Association for the period of July 1, 2022 through June 30, 2024 . (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2023-06:
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL, CALIFORNIA, ACCEPTING, APPROVING AND
ADOPTING THE TENTATIVE AGREEMENT FOR A
SUCCESSOR MOU BETWEEN THE CITY OF BELL AND THE
BELL CITY EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF
JULY 1, 2022 THROUGH JUNE 30, 2024
Human Resources and Risk Manager Sergio Ibarra provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Romero to approve agenda item no. 2, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
3. 2023 Amended and Restated Employment Agreement for Carlos Islas as Chief of Police. (City Council)
Recommendation: It is recommended that the City Council approve the 2023 amended and restated employment agreement for Carlos Islas as Chief of Police, with a two (2) year agreement term commencing on January 25, 2023.
City Manager Michael L. Antwine ll provided a report on the item.
It was moved by Councilmember Romero to approve agenda item no. 3, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
4. Consideration to approve Amendment No. 2 with Real Estate Consulting & Services, Inc. (REC&S), for additional Mobile Home Parks and Housing Unit Maintenance Services . (Bell Community Housing Authority)
Recommendation: It is recommended that the Chair and Members of the Board read by title only, waive further reading and adopt Resolution 2023-07 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING FY 2022 -23 BUDGET AMENDMENT TO
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
TRANSFER $120,000 FROM THE BELL COMMUNITY HOUSING
AUTHORITY (BCHA) FUND BALANCE RESERVE TO THE
BCHA ACCOUNT FOR MISCELLANEOUS REPAIRS AND
EMERGENCY REPAIRS FOR ADDITIONAL MOBILE HOME
PARKS AND HOUSING UNIT MAINTENANCE SERVICES
Contracts and Facilities Manager Javier Ochiqui provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 4 , as recommended.
Motion was seconded by Councilmember Saleh which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
5. Economic Development Branding & Marketing Strategy. (City Council)
Recommendation: It is recommended that the City Council:
1. Approve the execution of the 2023 Economic Development Branding & Marketing Strategy; and
2. Authorize City Manager to engage various marketing, public relations, real estate, and economic feasibility consultant firms to work on the Economic Development Strategy.
Community Development Director Manuel Acosta introduced the item. He then introduced Economic Development Specialist Valentin Flores, who provided a PowerPoint presentation on the item.
A discussion ensued amongst the staff and council.
City Manager Michael L. Antwine ll stated staff wi ll bring back a monthly expenditure report for this project.
It was moved by Councilmember Romero to approve agenda item no. 5, as recommended. Motion was seconded by Councilmember Saleh which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
Consent Calendar
The following Consent Calendar items are expected to be routine and non -controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 6 through 10.
It was moved by Councilmember Saleh to approve agenda item nos. 7 – 10 (Item no. 6 was pulled by staff). Motion was seconded by Vice -Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
6. Authorize the City Manager or his designee to Purchase Vehicles for the Bell Police Department. (City Council)
City Manager Michael L. Antwine ll provided information on the item. He stated there were modifications to the item. The city will be purchasing two vehicles instead of four.
It was moved by Councilmember Saleh to approve agenda item no. 6 , with the modifications to purchase two vehicles instead of four vehicles. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAION: None
ABSENT: None
Motion Passed.
7. It is recommended that the City Council:
1. Read by title only, waive further reading and adopt Resolution No. 2023-05 titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL ACCEPTING THE FLORENCE AVENUE IMPROVEMENT
PROJECT AS COMPLETE AND AUTHORIZING STAFF TO
PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE
LOS ANGELES COUNTY RECORDER”
2. Authorize staff to release retention thirty-five (35) days after the filing of the Notice of Completion.
Minutes of the
Bell City Council and Related Agencies
January 25, 2023
8. City of Bell & Bell Successor Agency Investment Reports as of November 2022. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
9. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated January 25, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
10. It is recommended that the City Council read by title only, waive further reading and adopt Ordinance No. 1278 titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, AMENDING CHAPTER 17.08 (DEFINITIONS) AND
CHAPTER 17.84 (SIGNS) OF TITLE 17 (ZONING), RELATING TO
DIGITAL BILLBOARDS
Pending Items – None
Next Regular Meeting, Wednesday, February 8, 2023
Mayor Arroyo adjourned the meeting at 9:04 p.m. in memory of Monterey Park victims.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor
Meeting of the
Bell City Council and Related Agencies
February 22, 2023
MINUTES FOR THE REGULAR JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
February 22, 2023
Closed Session Cancelled
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Arroyo called the meeting to order at 7:03 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT: Councilmembers Romero, Saleh, Vice-Mayor Gallardo and Mayor Arroyo
ABSENT: Councilmember Quintana*
*Councilmember Quintana arrived at 7:05 p. m.
Also present were the following staff members : Chief of Police Carlos Islas; City Attorney Dave Aleshire; City Engineer Bill Pagett; Public Works Manager Rey Alfonso; Community Development Director Manuel Acosta; Acting Finance Director Elisa Gratil; Human Resource Manager S ergio Ibarra; Acting Community Service Director Connie Hurtado. Contracts and Facilities Manager Javier Ochiqui; and City Clerk Angela Bustamante.
Pledge of Allegiance was led by Yaretzi Campos.
City Attorney Report
None
Presentations and Recognitions
a. Bell Police Officers Lifesaving Award Recognition
Chief of Police Carlos Islas recognized Police Officers Carlos Serna and Anita Romero.
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, February 22, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Meeting of the
Bell City Council and Related Agencies
February 22, 2023
b. Proclamation declaring February 2023 as Black History Month Mayor Arroyo read the proclamation declaring February 2023 Black History Month. c. Mayor Arroyo recognized 7th grade student from Chester W Nimitz Middle School Yaretzi Campos for her academic accomplishments.
Communications from the Public
This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. Luis Mesa. Edwin Gonzalez.
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Quintana made a comment.
Councilmember Romero made a comment.
Vice-Mayor Gallardo made a comment.
Mayor Arroyo made a comment.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
None.
Public Hearing(s)
The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.
1. An Ordinance Adopting a Military Equipment Use Policy Consistent with AB 481 Requirements. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and introduce Ordinance No. 1279 titled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, CALIFORNIA ADOPTING A MILITARY EQUIPMENT USE
POLICY CONSISTENT WITH THE REQUIREMENTS OF
ASSEMBLY BILL NO. 481”
Chief Carlos Islas provided a report on the item.
Discussion ensued amongst the staff and council.
Mayor Arroyo opened the Public Hearing.
Public Speakers Opposed
Meeting of the
Bell City Council and Related Agencies
February 22, 2023
None.
Public Speakers in Favor
None.
Public Speakers Neutral
None.
Mayor Arroyo Closed the Public Hearing.
City Attorney read the title of the ordinance.
It was moved by Vice -Mayor Gallardo to approve agenda item no. 1, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice Mayor Gallardo, and Mayor Arroyo.
ABSTAION: None
ABSENT: None
Motion Passed.
Business Session - None
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 2 through 5.
It was moved by Councilmember Saleh to approve agenda item nos. 2-5. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
2. Receive and File Donation Report for the month of January 2023. (City Council)
3. City of Bell & Bell Successor Agency Investment Reports as of January 2023. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
4. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated February 22, 2023 . (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Meeting of the
Bell City Council and Related Agencies
February 22, 2023
5. Minutes for the Regular City Council Meeting of January 11, 2023. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
Pending Items – None
Next Regular Meeting, Wednesday, March 8, 2023
Mayor Arroyo adjourned the meeting in memory of Chief Islas Mom, Columba G. Islas at 8:14 p.m.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
MINUTES FOR REGULAR JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
March 8, 2023
5:30 P.M. Closed Session
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Arroyo called the meeting to order at 5:34
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT: Councilmember Romero, Saleh, Vice-Mayor Gallardo and Mayor Arroyo
ABSENT: Councilmember Quintana*, Councilmember Saleh**
*Councilmember Quintana arrived at 5:45 p. m.
**Councilmember Saleh arrived at 5:50 p.m.
Also present were the following staff members: City Manager Michael L. Antwine II, City Attorney Dave Aleshire, Human Resources and Risk Manager Sergio Ibarra, and Community Development Director Manuel Acosta.
Communications from the Public on Closed Session Items
This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.
None.
Closed Session
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, March 8, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
a) Public Employment/Public Employee Appointment (Government Code Section 54957(b)) Title: Community Services Director
b) Conference with Legal Counsel – Existing Litigation, Government Code Section 54956.9(d)(1), Mark Sanchez Vs City of Bell, (WCAB-# ADJ14248214 )
c) CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: City Manager Michael L. Antwine, and City Attorney Dave Aleshire
Employee Organization: All Unpresented Employees and At-will Management Group
d) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5390 Rickenbacker Road, Bell CA 90201
Agency negotiators: Michael Antwine (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
Under negotiation: Price and Terms of Payment
Mayor Arroyo reconvened the Regular City Council Meeting at 7:09 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT: Councilmember Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Arroyo
ABSENT: None.
Also present were the following staff members : Chief of Police Carlos Islas; City Attorney Dave Aleshire; City Engineer Bill Pagett; Deputy City Engineer Rey Alfonso; Community Development Director Manuel Acosta; Acting Finance Director Elisa Gratil; Human Resource Manager Sergio Ibarra; Acting Community Service Director Connie Hurtado ; Contracts and Facilities Manager Javier Ochiqui; and City Clerk Angela Bustamante.
Pledge of Allegiance was led by Katie Pineda.
City Attorney Report
City Attorney Dave Aleshire reported out the following from closed session: Item a) was discussed and city council ratified the action of the City Manager to hire Janine Adrade as the new Community Service Director. Item b) a status report was given; directions were given to the litigation council.
Item c) was discussed; no reportable action was taken. Item d) a status report was given ; no reportable action was taken.
Presentations and Recognitions
a. Proclamation declaring the month of March 2023 as National Reading Month Vice Mayor Gallardo read the proclamation and encouraged families to read with their children.
b. Proclamation declaring the month of March 2023 as Women's History Month Councilmember Quintana read the proclamation. Mayor Arroyo invited Cristina Garcia, Nelida Sanchez, Maria Recendez, Antonia Gonzalez Machichi, Sonya Manzania, and
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
Margarita Aguilar to the front to acknowledge them for being agents of change in their community and present them with a recognition certificate. c. Mayor Arroyo recognized sixth grader from Katie Pineda. d. Port of Long Beach Zero Emissions Energy Resilient Operations (ZEERO) Policy City Manager Michael L. Antwine II introduced the Executive Director of the Port of Long Beach Mario Cordero who provided a PowerPoint presentation.
Communications from the Public
The following members of the public addressed the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies : Margarita Limon; Susan Castro Valenzuela; Ofelia Medina; Adriana Escobar; Salvador Vega; Lidia Hernandez; Edwin Gonzalez; Pablo Fuentes; Sonia Manzania; and Maria Santana.
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Quintana made a comment.
Councilmember Saleh made a comment.
Vice-Mayor Gallardo made a comment.
Mayor Arroyo made a comment.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
City Manager Michael L Antwine ll acknowledged council for the appointment of Janine Andrade to the Community Service Director. He stated the position’s salary would be $130,149.24. He also introduced Interim Finance Director Ricky Manbahal.
Business Session
1. Consideration of City Council Resolution No. 2023 - 14 ratifying the City Manager’s proclamation of a local emergency declaration in response to Storm Damage in the City of Bell and Los Angeles County. (Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2023-14.
Human Resource Manager Sergio Ibarra provided a report on the item.
A brief discussion ensued amongst the staff and council.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 1, as recommended.
Motion was seconded by Vice Mayor Gallardo which carried with the following roll call vote:
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
2. Settlement Agreement with CALPROMAX Engineering, Inc. for the Gage Avenue Bus Shelter Improvement Project. (City Council)
Recommendation: It is recommended that the City Council:
1. The settlement agreement between the City and CALPROMAX Engineering, Inc., which provides for a payment of $44,483.00 to the City for the City to waive all claims against CALPROMAX Engineering, Inc. for the Gage Avenue Bus Shelter Improvement Project; and
2. Read by title only, waive further reading and adopt Resolution No. 2023-15 titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL, CALIFORNIA APPROVING A SETTLEMENT
AGREEMENT WITH CALPROMAX ENGINEERING, INC. FOR
THE GAGE AVENUE BUS SHELTER IMPROVEMENT
PROJECT.”
City Manager Michael L Antwine ll provided a report on the item.
Councilmember Saleh left the meeting.
A brief discussion ensued amongst the staff and council.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 2 , as recommended.
Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed.
3. Project #PW2022 -08 – Project Management, Construction Management & Inspection Services. (City Council)
Recommendation: It is recommended that the City Council approve the following:
1. Award the Pritchard Field Project – Project Management, Construction Management & Inspection Agreement in the amount of $299,089 to Transtech Engineers, Inc.; and
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
2. Authorize the City Manager or his designee, to execute change orders in a total amount not to exceed $25,000 (ten percent of the contract amount) for any necessary additional work.
This item was moved to the next city council meeting.
4. Approve Amendment No. 1 with Ladayu Consulting for On- Call Public Works Professional Services. (City Council)
Recommendation: It is recommended that the City Council approve Amendment No. 1 with Ladayu Consulting for On-Call Public Works Professional Services.
City Manager Michael L Antwine ll provided a report on the item. He then introduced Public Works Manager Gabino Luna who provided additional information on the item.
Councilmember Saleh returned to the meeting at 8:49.
A brief discussion ensued amongst the staff and council.
It was moved by Councilmember Romero to approve agenda item no. 4, as recommended. Motion was seconded by Councilmember Quintana which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
5. Appointment of a Council Member to Serve on the Eco-Rapid Transit Board. (City Council)
Recommendation: It is recommended that the Mayor appoint a Councilmember to the Eco- Rapid Transit Board.
City Clerk Angela Bustamante provided a report on the item.
A discussion ensued amongst the staff and the council.
Mayor Arroyo appointed Councilmember Romero.
It was moved by Councilmember Quintana to appoint Councilmember Romero to the Eco-Rapid Transit Board. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
6. Appointments of Council Members to Serve on the California Cities Gaming Authority . (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2023-16 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING THE MAYOR’S APPOINTMENTS TO THE CALIFORNIA
CITIES GAMING AUTHORITY AND ADDING SUCH APPOINTMENTS
TO RESOLUTION 2022-52 “EXHIBIT A”
City Manager Michael L. Antwine provided a report on the item.
A discussion ensued amongst the staff and council.
It was moved by Councilmember Romero to appoint Councilmember Saleh as Director to the California Cities Gaming Authority and add such appointment to Resolution 2022-52 “Exhibit A”.
Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 4-0-1-0
AYES: Councilmembers Quintana, Romero, Saleh Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: Councilmember Quintana
ABSENT: None
Motion Passed.
It was moved by Mayor Arroyo to appoint Councilmember Romero as alternate to the California Cities Gaming Authority and add such appointment to Resolution 2022-52 “Exhibit A”. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 4-0-1-0
AYES: Councilmembers Quintana, Romero, Saleh Vice Mayor Gallardo, and Mayor Arroyo.
NOES: None
ABSTAIN: Councilmember Quintana
ABSENT: None
Motion Passed
7. 2023 City Council Reorganization. (City Council)
Recommendation: It is recommended that the City Council receive and file this report.
City Manager Michael L. Antwine ll provided a report on the item.
Councilmember Saleh asked to see what other cities are doing for their reorganization.
City Manager Michael L. Antwine stated that staff would bring the item back to the next council meeting and show options to the council.
Minutes of the
Bell City Council and Related Agencies
March 8, 2023
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 8 and 9.
It was moved by Councilmember Saleh to approve agenda item nos. 8 & 9. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: None
8. It is recommended that the City Council read by title only, waive further reading and adopt Ordinance 1279 titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL ADOPTING A MILITARY EQUIPMENT USE POLICY
CONSISTENT WITH THE REQUIREMENTS OF ASSEMBLY
BILL NO. 481
9. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated March 8, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Pending Items – None
Next Regular Meeting, Wednesday, March 22, 2023
Mayor Arroyo adjourned the meeting at 9:14 p.m.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
MINUTES OF THE REGULAR JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
May 10, 2023
7:00 P.M. Regular Meeting
Closed Session will be held at the end of the Open Session
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Arroyo called the meeting to order at 7:17 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT: Councilmembers Quintana, Saleh, Vice-Mayor Gallardo, and Mayor Arroyo
ABSENT: Councilmember Romero*
*Councilmember Romero arrived at 7:31 p.m.
Staff Present: City Manager Michael L. Antwine II, City Attorney Dave Aleshire, Chief of Police Carlos Islas, City Engineer Bill Pagett, Deputy Engineer Rey Alfonso, Public Works Manager Gabino Luna, Community Development Director Manuel Acosta, Contracts and Facilities Manager Javier Ochiqui, Interim Finance Director Ricky Manbahal, Human Resource and Risk Manager Sergio Iba rra, Community Service Director Janine Andrade, Community Service Manager Connie Hurtado.
Pledge of Allegiance was led by Bell High School Students.
Presentations and Recognitions
a. Pinning Ceremony for Bell Police Officers Jonathan Iniguez and Blake O’Connor Chief of Police Carlos Islas introduced new Bell Police Officer Blake O’ Conner and Johnathan Iniguez. City Clerk Angela Bustamante swore in both officers.
b. Recognition of all Bell 5K Sponsors
Community Service Director Janine Adrade acknowledged Mr. Cs Towing, West
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, May 10, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
Coast Arborist, Infinity Technologies, Fiesta Taxi, Aleshire & Wynder, Global ParaTransit, the Bell Chamber of Commerce, Assembly Member Blanca Pacheco, Wildan Engineering, Golden State Water, Downey Federal Credit Union, Board of Supervisor Janice Hahn’s Office , CEMEX, City Driving School , Transtech Engineers, Blue Shield of California, Wendys Rep Quintan Shama, and Northgate Markets.
c. Proclamation recognizing May 21-27, 2023, as National Public Works Week Public Works Manager Gabino Luna introduced Public Works Field Supervisor Jerry Hutchison who provided a brief presentation. Mayor Arroyo then read the proclamation and presented it to the Public Works staff.
d. Proclamation declaring May 2023 as Mental Health Awareness Month Vice-Mayor Gallardo read the proclamation.
e. Presentation by ABACUS Cambridge Partners
This presentation was moved to the May 24th City Council Meeting.
f. Mayor Arroyo introduced staff from Bell High School’s Languages Department and recognized the students and staff that represented the Bell High’s Arab and Latino Culture Day Celebration.
Communications from the Public
The following members of the public address ed the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies : Antonio Robles; Pablo Sifuentes (email) and Edwin Gonzalez (email).
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Quintana made a comment.
Councilmember Romero made a comment.
Councilmember Saleh made a comment.
Vice-Mayor Gallardo made a comment.
Mayor Arroyo made a comment.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
City Manager Michael L. Antwine ll congratulated the Community Service Department for their hard work and effort on the Bell 5k. He also thanked the Public Works staff for all their hard work.
Business Session
1. Solid Waste Ad Hoc Committee Selection. (Council)
Recommendation: It is recommended that the Mayor and Members of the City Council select
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
two (2) members to serve on the Solid Waste Ad-hoc Committee.
Contracts and Facilities Manager Javier Ochiqui provided a report on the item.
A discussion ensued amongst staff and council.
Vice-Mayor Gallardo proposed that Councilmember Quintana and Councilmember Saleh serve on the Solid Waste Ad-hoc Committee.
Councilmember Quintana and Councilmember Saleh accepted.
It was moved by Vice -Mayor Gallardo to approve agenda item no. 1, to select Councilmembers Quintana and Saleh to serve on the Solid Waste Ad- hoc Committee. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Quintana NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
2. Update to the Salary Range for the position of Finance Director. (City Council)
Recommendation: It is recommended that the City Council:
1. Approve a new Salary Range for the position of Finance Director effective the new payroll period after City Council approval; and
2. Direct city staff to prepare an update to the City’s Employee Salary Schedule Resolution and incorporate the new Salary Range for the position of Finance Director.
Human Resource and Risk Manager Sergio Ibarra provided a report on the item.
It was moved by Councilmember Romero to approve agenda item no. 2, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Quintana NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
3. Consideration to make three (3) Rule Changes to the Bell Community Housing Authority (BCHA) Mobilehome Park Rules and Regulations and to all BCHA Tenants. (Bell Community Housing Authority)
Recommendation: It is recommended that the Chair and Members of the Board discuss and approve the proposed three (3) Rule changes to the Bell Community Housing Authority (BCHA) Mobilehome Park Rules and Regulations and to all BCHA Tenants.
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
Contracts and Facilities Manager Javier Ochiqui provided a report on the item.
The council noted there were two missing pages in the contract.
It was the consensus of the council to bring back the item with a completed lease agreement and include the three proposed changes.
4. Project #PW2022-11 – Pritchard Field Improvement Project - Design Engineering Services. (City Council)
Recommendation: It is recommended that the City Council approve the following:
1. Award the Pritchard Field Improvement Project – Design Engineering Services Agreement in the amount of $276,575 to IMEG Corporation; and
2. Authorize the City Manager or his designee, to execute change orders in a total amount not to exceed $27,658 (ten percent of the contract amount) for any necessary additional work.
Councilmember Saleh left the meeting at 8:29 p.m.
Councilmember Saleh returned to the meeting at 8:36 p.m.
Public Works Manager Gabino Luna provided a report on the item.
City Manager Michael L. Antwine ll provided additional information on the item.
Councilmember Quintana requested that staff inform the community of the changes to Prichard Park’s design.
It was moved by Councilmember Quintana to approve agenda item no. 4 , as recommended.
Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Quintana NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
5. American Rescue Plan Act (ARPA) Quarterly Report (Status Update). (City Council)
Recommendation: It is recommended that the Mayor and Members of the City Council receive and file this report.
Contracts and Facilities Manager Javier Ochiqui provided a PowerPoint presentation of the item.
It was moved by Councilmember Romero to approve agenda item no. 5, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Quintana NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
6. Cleanup Plan for Structural Fire at 5320 Gage Avenue. (City Council)
Recommendation: It is recommended that the City Council:
1. Approve the cleanup plan of the container fire damage located at 5320 Gage Ave.; and
2. Read by title only, waive further reading and adopt Resolution 2023-31 titled:
A RESOLUTION OF CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING A FY 2022 -23 BUDGET AMENDMENT TO
ALLOCATE $145,000.00 FROM THE GENERAL FUND
RESERVES FOR EMERGENCY CLEANUP AT 5320 GAGE
AVENUE
Public Works Manager Gabino Luna provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Quintana to approve agenda item no. 6 , as recommended.
Motion was seconded by Councilmember Saleh which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 7 through 10.
It was moved by Vice-Mayor Gallardo to approve agenda items 7 – 10 with the exception of item 9 (Item 9 was pulled by Councilmember Quintana) . Motion was seconded by Councilmember Romero which carried the following vote:
Motion Passed with a vote of 5-0 for agenda items 7 and 8. Agenda Item 10 passed with a vote of 3-2 with Councilmembers Quintana and Saleh voting No on item.
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
7. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated May 10, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
8. City of Bell & Bell Successor Agency Investment Reports as of March 2023. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
9. Receive and File New Brown Act Provisions Concerning Remote Participation in Council and Commission Meetings. (City Council)
City Attorney Dave Aleshire and City Clerk Angela Bustamante provided information on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Saleh to approve agenda item no. 9, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Quintana, Romero, Saleh, Vice-Mayor Gallardo and Mayor Quintana NOES: None
ABSTAIN: None
ABSENT: None
10. Approval of Total Settlement Authority of $40,000 to satisfy Findings and Award dated 05/03/22 for additional retroactive LC 4850 benefits, LC 5814 penalties, LC 5813 attorney’s fees/costs, and interest with respect to Mark Sanchez. (City Council)
Pending Items – None
City Council Recessed to Closed Session at 9:16 p.m.
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) Public Employee Performance Evaluation (Government Code Section 54957 (b)) Title: City Manager
b) Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): One Case
c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 5091 Rickenbacker Rd, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney)
Negotiating parties: To be Determined
RECONVENE TO OPEN SESSION
City Attorney Report
The City Attorney Dave Aleshire reported out the following from closed session: Item a) was briefly discussed. Item b) was not discussed. Item c) direction was given to staff; no reportable action
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
was taken.
Next Regular Meeting, Wednesday, May 24, 2023
Mayor Arroyo adjourned the meeting at 9:34 in memory of Mr. Cruz.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
MINUTES OF THE SPECIAL JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
Wednesday, May 10, 2023
5:30 P.M. Open Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Arroyo called the meeting to order at 5:29 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Quintana, Romero, Saleh, Gallardo and Arroyo
PRESENT: Councilmember Saleh, Vice-Mayor Gallardo and Mayor Arroyo
ABSENT: Councilmember Quintana* and Councilmember Romero*
*Councilmember Romero arrived at 5:32 p.m.
*Councilmember Quintana arrived at 5:35 p.m.
Staff Present: City Manager Michael L. Antwine II, City Attorney Dave Aleshire, Public Works Manager Gabino Luna, Interim Finance Director Ricky Manbahal . Chief of Police Carlos Islas.
Human Resources and Risk Manager Sergio Ibarra. Community Development Director Manuel Acosta, Contracts and Facilities Manager Javier Ochiqui. Community Services Director Janine Andrade. Community Service Manager Connie Hurtado.
Communications from the Public
The following members of the public address ed the City Council and related Authorities and Agencies on items that are listed on the agenda only. Sofia Ryan and Pablo Sifuentes (email).
Business Session
1. F iscal Year 2023-2024 Budget Workshop. (City Council)
Recommendation: It is recommended that the City Council review and discuss the proposed budget for the fiscal year 2023-2024.
City Manager Michael L Antwine ll introduced the item.
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in -person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, May 10, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Minutes of the
Bell City Council and Related Agencies
May 10, 2023
Public Works Manager Gabino Luna provided a PowerPoint presentation on the 2023/2024 Capital Improvement Projects.
Interim Finance Director Ricky Manbahal provided a PowerPoint presentation on the item.
Councilmember Saleh requested that there be another Special Meeting to discuss the Fiscal Year 2023/2024 budget.
Vice-Mayor Gallardo requested that staff prepare a presentation on what the Community Service Department’s services would look like with modifications to its budget.
Councilmember Quintana requested staff also come back with a list of potential revenue sources.
Councilmember Romero requested a breakdown of Community Services expenditures.
Mayor Arroyo adjourned the Special City Council Meeting at 7:02 p.m.
Next Regular Meeting, Wednesday, May 24, 2023
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
MINUTES OF THE REGULAR JOINT MEETING OF THE
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority
October 25, 2023
5:30 P.M. Closed Session Meeting
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Mayor Gallardo called the meeting to order at 5:32 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana, Gallardo
PRESENT: Councilmember Arroyo, Romero and Vice-Mayor Gallardo.
ABSENT: Councilmember Saleh* and Vice-Mayor Quintana
*Councilmember Saleh arrived at 5:15 p.m.
Staff Present: City Manager Michael L. Antwine II, City Attorney Dave Aleshire, Human Resources and Risk Manager Sergio Ibarra, and Community Development Director Manuel Acosta.
City Attorney Dave Aleshire requested to add the following item to the closed session agenda:
d) Personnel – Position of Finance Director
It was moved by Councilmember Saleh to add the item to the closed session agenda. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:
Roll Call: 3-0-0-2
AYES: Councilmembers Arroyo, Romero, and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh and Vice-Mayor Quintana
Motion Passed.
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, October 25, 2023. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
Communications from the Public on Closed Session Items
This is the time for members of the public to address the City Council and related Authorities and Agencies only on items that are listed under Closed Session.
None.
Closed Session
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4411 East Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
c) Conference with Legal Counsel – Existing Litigation, Government Code Section 54956.9(d)(1), Ed Dadisho Vs City of Bell, (WCAB # ADJ10678866)
Mayor Gallardo reconvened the Regular City Council Meeting at 7:09 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Romero, Saleh, Quintana and Gallardo
Present: Councilmember Arroyo, Saleh, and Mayor Gallardo
Absent: Councilmember Romero and Vice-Mayor Quintana
*Councilmember Romero arrived at 7:12 p.m.
*Vice-Mayor Quintana arrived at 7:14 p.m.
Also present were the following staff members: City Manager Michael L. Antwine II, Chief of Police Carlos Islas; City Attorney Dave Aleshire; Interim Public Works Director John Oskoui; City Engineer Bill Pagett; Deputy City Engineer Rey Alfonso; Community Development Director Manuel Acosta; Community Services Director Janine Adrade; Human Resources and Risk Manager Sergio Ibarra; City Clerk Angela Bustamante; and Assistant City Clerk Marisa Craft
Pledge of Allegiance was led by Councilmember Arroyo.
City Attorney Report
City Attorney Dave Aleshire reported out the following from closed session: Item a) A status report
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
was given; no reportable action was taken. Item b) A status report was given; no reportable action was taken. Item c) Direction was given to the city’s litigator; no reportable action was taken.
An additional item was added to the closed session agenda involving the appointment of the Finance Director. Interim Finance Director Ricky Manbahal was appointed to the Finance Director position with the salary of $185,760 with unanimous approval from the city council.
Presentations and Recognitions
a. Introducing newly appointed Community Services Commissioners Bryanna Campos and Haifa Hamdan
Community Service Director Janine Adrade introduced Bryanna Campos and Haifa Hamdan. Haifa Hamdan and Bryanna Campos both spoke and thanked the council. b. Swearing In Ceremony for New Police Officer William Aguilar Chief of Police Carlos Islas introduced William Aguilar and his family. City Clerk Angela Bustamante swore in New Police Officer William Aguilar. c. Chandler Asset Management Presentation
Ricky Manbahal introduced Carl from Chandler Management who provided a power point presentation.
Communications from the Public
This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non- agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. Edwin Gonzales, Mac Files (email). Yari Valenzuela (email). Evangeline Ortiz (email).
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Arroyo made a comment.
Councilmember Romero made a comment.
Councilmember Saleh made a comment.
Vice-Mayor Quintana made a comment.
Mayo Gallardo made a comment.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
City Manager Michael L. Antwine ll had nothing to report.
Public Hearing(s)
The following item has been posted as a Public Hearing as required by law. The Mayor will open the Public Hearing(s) to receive public testimony only on the item(s) listed under this section.
1. Zone Text Amendment (ZTA 2023- 04) – Consideration of an Ordinance of the City of Bell, California, amending Chapter 17.08 (Definitions), Chapter 17.84.064 (Digital billboards), and
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
Chapter 17.96.030 (Conditional use permits required when) of Title 17 (Zoning) of the Bell Municipal Code (BMC), relating to digital billboards. (Council)
Recommendation: It is recommended that the City Council:
1. Determine that the proposed text amendment is exempt from further review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated there under (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”), because it consists of only minor text revisions and clarifications to existing zoning regulations and procedures related thereto, and will not have the effect of substantially changing regulatory standards or findings required.
Therefore, in accordance with CEQA, the proposed text amendment is exempt from CEQA pursuant to Section 15061(b)(3) because the activity is governed by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. In this case, the proposed text amendment will not have a significant effect on the environment; and
2. Introduce Ordinance No. 1283 waive further reading and read by title only:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELL, AMENDING CHAPTER 17.08 (DEFINITIONS), CHAPTER
17.84.064 (DIGITAL BILLBOARDS), AND CHAPTER 17.96.030
(CONDITIONAL USE PERMITS REQUIRED WHEN) OF TITLE 17
(ZONING) OF THE BELL MUNICIPAL CODE (BMC), RELATING
TO DIGITAL BILLBOARDS
The item was introduced by Community Development Director Manuel Acosta.
Associate Planner Rodrigo Pelayo presented a PowerPoint presentation on the item.
A brief discussion ensued amongst staff and council.
Mayor Gallardo opened the public hearing.
Public Comments in Favor
Joey Montez
Public Comments Opposed
None.
Public Comments Neutral
None.
Mayor Gallardo Closed the Public Hearing.
City Attorney Dave Aleshire read the title of the ordinance.
It was moved by Vice-Mayor Quintana to approve agenda item no. 1 , as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Business Session
2. Consideration to Approve a Letter of Support for the Expansion of the San Gabriel Mountains National Monument. (City Council)
Recommendation: It is recommended that the City Council approve the Letter of Support for the Expansion of the San Gabriel Mountains National Monument.
City Manager Michael Antwine provided a report on the item.
A brief discussion ensued amongst staff and council.
It was moved by Councilmember Arroyo to approve agenda item no. 2, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
3. Appointment/Re-appointment of Bell’s Representative to the Greater Los Angeles County Vector Control District (GLACVCD) Board of Trustees. (City Council)
Recommendation: It is recommended that council appoint a representative to the Greater Los Angeles County Vector Control District Board of Trustees for a 2- year or 4- year term commencing January 1, 2024.
City Manager Michael L. Antwine II provided a report on the item.
Mayor Gallardo appointed Councilmember Saleh for a four-year term.
It was moved by Councilmember Arroyo to approve agenda item no. 3, to appoint Councilmember Saleh to the Greater Los Angeles County Vector Control District Board of Trustees for a 4- year term. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
4. C onsideration to approve the use of Bell Police Department COPS Grant funds to be used for Police Explorer Program youth field trip to Knott’s Scary Farm holiday event. (City Council)
Recommendation: It is recommended that the City Council authorize the Bell Police Department to utilize COPS grant funds to pay $1,800.00 for the Police Explorer Program youth field trip to Knott’s Scary Farm holiday event as part of a youth social development team building excursion.
Chief of Police Carlos Islas provided a report on the item.
A brief discussion ensued amongst staff and council.
It was moved by Councilmember Saleh to approve agenda item no. 4, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
5. Consideration to approve an Agreement with Stageline Mobile Stage Inc. for the purchase of 24’ x 20’ Mobile Stage in an amount not to exceed $212,063. (City Council)
Recommendation: It is recommended that the City Council approve an Agreement with Stageline Mobile Stage Inc. (Stageline) for the purchase of a Mobile Stage in an amount not to exceed $212,063.
Councilmember Saleh left the meeting at 8:17 p.m.
City Manager Michael L. Antwine provided a report on the item.
A discussion ensued amongst staff and council.
It was moved by Councilmember Romero to approve agenda item no. 5, as recommended. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Romero, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed.
6. Consideration to approve a new Non-Exclusive Franchise Agreement for Tow Truck Services with Mr. C’s Towing. (City Council)
Recommendation: It is recommended that the City Council approve a new Non -Exclusive Franchise Agreement for Tow Truck Services with Mr. C’s Towing for five (5) years.
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
Chief of Police Carlos Islas provided a report on the item.
Adan Loya from Mr. C.s Towing provided additional information on the item.
A discussion ensued amongst staff and council.
It was moved by Councilmember Arroyo to approve agenda item no. 6, as recommended. Motion was seconded by Vice-Mayor Gallardo which carried with the following roll call vote:
Roll Call: 3-1-0-1
AYES: Councilmembers Arroyo, Romero and Mayor Gallardo
NOES: Vice-Mayor Quintana
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed.
7. Consideration to Cancel the November 22, 2023, and December 27, 2023, Regular City Council Meetings. (City Council)
Recommendation: It is recommended that the City Council cancel the November 22, 2023, and December 27, 2023, Regular City Council Meetings.
City Manager Michael L. Antwine II provided a report on the item.
A discussion ensued amongst staff and council.
It was moved by Vice-Mayor Quintana to approve agenda item no . 7, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Arroyo, Romero, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
Recommendation: Approve agenda items 8 - 11.
It was moved by Vice Mayor Quintana to approve agenda items 8 through 11. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
Minutes of the
Bell City Council and Related Agencies
October 25, 2023
AYES: Councilmembers Arroyo, Romero, Vice-Mayor Quintana and Mayor Gallardo NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed.
8. Receive and File the City of Bell & Bell Successor Agency Investment Reports as of September 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency)
9. It is recommended that the City Council:
1. Read by title only, waive further reading and adopt Resolution No. 2023-75 titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL ACCEPTING THE
STREET ARTERIAL IMPROVEMENT PROJECT-EASTERN AVENUE AS COMPLETE
AND AUTHORIZING STAFF TO PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER”
2. Authorize staff to release retention thirty-five (35) days after the filing of the Notice of Completion.
10. Minutes for the Regular City Council Meetings of March 22, 2023, April 26, 2023, September 27, 2023, and October 11, 2023. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
11. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants dated October 25, 2023. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Pending Items – None
Next Regular Meeting, Wednesday, November 8, 2023
Mayor Gallardo adjourned the meeting at 8:37 p.m.
I, Angela Bustamante, City Clerk of the City of Bell, certify that the foregoing minutes were approved by the City Council of the City of Bell at a regular meeting held on November 8, 2023.
________________________________
Angela Bustamante
City Clerk
Fidencio Gallardo, Mayor